Terrorism And The International Legal Orderwith Special Reference To The Un The Eu And Cross Border Aspects
Download Terrorism And The International Legal Orderwith Special Reference To The Un The Eu And Cross Border Aspects full books in PDF, epub, and Kindle. Read online free Terrorism And The International Legal Orderwith Special Reference To The Un The Eu And Cross Border Aspects ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Giuseppe Nesi |
Publisher | : Routledge |
Total Pages | : 330 |
Release | : 2016-04-22 |
Genre | : Law |
ISBN | : 1317114310 |
This volume provides a timely analysis of global and regional responses to international terrorism. The work assesses the role of the United Nations and its various organs, particularly the General Assembly and the Security Council, and discusses the key legal issues. The second part of the book examines the activity of regional organizations both in their own right as well as their interaction with the UN. The volume concludes with a discussion of whether, to what extent and how the fight against terrorism has encroached upon fundamental rules of international law such as the international protection of human rights or the use of force among states. The volume is the latest in a series drawing on the presentations of high ranking scholars, diplomats and representatives of international organizations. The result is a stimulating and thought-provoking book which will be of interest to researchers and policy-makers alike.
Author | : Andrea Bianchi |
Publisher | : Bloomsbury Publishing |
Total Pages | : 572 |
Release | : 2004-07-21 |
Genre | : Law |
ISBN | : 1847310192 |
The scale and horror of recent terror attacks and the panic which ensued throughout the world has forced policy-makers and international lawyers to re-examine international legal tools available to enforce norms against terrorism. The magnitude of the attacks, the modalities of the operations, the profiles of the terrorists and the transnational structure of some terrorist organisations all cast doubt on the adequacy of the existing political and legal framework to fight terrorism. Due to this perception, governments have increased the intensity of measures to combat terrorist activities such as using military force against States sponsoring terrorism, freezing assets of terrorist organizations, and promulgating national security measures designed to protect the State against would be terrorists. This book comprehensively analyses the suitability of existing international legal tools to enforce rules prohibiting terrorism. Contributions from leading experts in international law examine, among others, questions relating to the proper role of international law in combating terrorism, the legality of covert operations against terrorism, whether the law of armed conflict can be applied to the "war against terror", domestic anti-terror laws and their compatibility with human rights standards, and how to regulate the internet to prevent terrorist usage. In addition, the ways in which States can co-operate together to more effectively investigate terrorist infrastructures and apprehend suspects is focused upon. The interplay between different layers of legal authority at international, regional and domestic levels is also subject to review. This thorough examination of the array of legal means at the international community's disposal to enforce norms against terrorism will allow readers to appreciate the real challenges that terrorism and the responses to it pose to the international legal system.
Author | : Bernhard Blumenau |
Publisher | : Springer |
Total Pages | : 412 |
Release | : 2014-09-02 |
Genre | : History |
ISBN | : 1137391987 |
This is a study that examines United Nations' efforts against terrorism in the 1970s and how West Germany came to influence and lead them. It is also an account of several hostage and hijacking crises as well as a look at German domestic terrorism.
Author | : Raphael Bossong |
Publisher | : Routledge |
Total Pages | : 210 |
Release | : 2013 |
Genre | : History |
ISBN | : 0415688574 |
This book traces the evolution of the EU’s fight against terrorism from the late 1970s until the end of the first decade after 9/11. This historical analysis covers both EU-internal and international counterterrorism policies and features an in-depth account of the EU’s reaction to the terrorist incidents in New York, Madrid and London. In the first few weeks after these incidents, the EU mobilised a complex but also incoherent set of policy measures, which significantly influenced the course of European security over the years. From a theoretical perspective, this volume argues that context-specific factors dominated over functionalist considerations in the EU’s fight against terrorism. Building on frameworks from public policy analysis, the author demonstrates that EU institutions played a critical role as policy entrepreneurs, while the many security measures were chosen on the basis of timing rather than significance. Such short-term political dynamics also explain the implementation deficits and persistent imbalances in the EU’s counterterrorism policy; limitations which still hinder its fight against international terrorism. This book will be of much interest to students of EU policy, counter-terrorism, European security, public administration, foreign policy, and IR in general.
Author | : Vincent-Joël Proulx |
Publisher | : Bloomsbury Publishing |
Total Pages | : 378 |
Release | : 2012-11-05 |
Genre | : Law |
ISBN | : 1782250379 |
Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility. This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts. From the Foreword by Judge Bruno Simma, International Court of Justice "Even if one might disagree with the bases on which the author constructs his argument, the execution of the argument is solid and thorough. The coverage of the major policy arguments and the available legal source materials is equally impressive. Moreover, the author's positions are genuinely progressive and present a fairly innovative solution, in the form of a strict liability mechanism...It behoves all scholars and practitioners of international law with an interest in combating international terrorism to consider the proposals outlined in this book." Transnational Terrorism and State Accountability by Vincent-Joël Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists.
Author | : Alex Schmid |
Publisher | : Taylor & Francis |
Total Pages | : 737 |
Release | : 2011-02-25 |
Genre | : History |
ISBN | : 1136810404 |
This major new Handbook synthesises more than two decades of scholarly research, and provides a comprehensive overview of the field of terrorism studies. The content of the Handbook is based on the responses to a questionnaire by nearly 100 experts from more than 20 countries as well as the specific expertise and experience of the volume editor and the various contributors. Together, they guide the reader through the voluminous literature on terrorism, and propose a new consensus definition of terrorism, based on an extensive review of existing conceptualisations. The work also features a large collection of typologies and surveys a wide range of theories of terrorism. Additional chapters survey terrorist databases and provide a guide to available resources on terrorism in libraries and on the Internet. It also includes the most comprehensive World Directory of Extremist, Terrorist and other Organizations associated with Guerrilla Warfare, Political Violence, Protest and Organized- and Cyber-Crime. The Routledge Handbook of Terrorism Research will be an essential work of reference for students and researchers of terrorism and political violence, security studies, criminology, political science and international relations, and of great interest to policymakers and professionals in the field of counter-terrorism.
Author | : Peter Van Krieken |
Publisher | : T.M.C. Asser Press |
Total Pages | : 0 |
Release | : 2002-09-15 |
Genre | : Law |
ISBN | : 9789067044479 |
Terrorism and the International Legal Order introduces the various aspects surrounding the efforts which have been undertaken to enhance cooperation and coordination in the war against terrorism. It deals with jurisdiction and extradition, with the ICC and the ICJ, with safe havens and cross-border aspects. Van Krieken brings together key documents on terrorism in the context of the international legal order, all preceded by succinct introductions. He pays ample attention to all the UN organs, the Security Council and ECOSOC in particular, and to the European Union and its efforts to harmonize legislation. As fear exists that the fight against terrorism will erode the human rights regime, Van Krieken puts human rights in the broader context of international law and the quest for peace and justice. But he also extensively addresses the issue of asylum seekers and migrants who may have been, are, or might become involved in terrorism-related acts.
Author | : Aviva Guttmann |
Publisher | : BRILL |
Total Pages | : 298 |
Release | : 2017-11-20 |
Genre | : History |
ISBN | : 900435669X |
Switzerland suffered four major terrorist attacks in 1969 and 1970, which forced the Swiss government to address the issue of international terrorism for the first time. Subsequently, “neutral” Switzerland worked closely with Western Cold War powers to develop international counterterrorism measures and forged a European-Israeli counterterrorist alignment to counter Palestinian terrorism in Europe. Using recently declassified archival records, this book is the first study to examine how the Swiss government positioned the country within the international struggle against terrorism. The book brings to light the creation of the Club de Berne, a secret European network of intelligence agencies connected to Israel and the United States. It offers new insights about the history of Swiss, Western European, and Israeli security cooperation.
Author | : Christopher Soler |
Publisher | : Springer Nature |
Total Pages | : 704 |
Release | : 2019-09-18 |
Genre | : Law |
ISBN | : 9462653356 |
This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.
Author | : Claire Macken |
Publisher | : Routledge |
Total Pages | : 295 |
Release | : 2013-03-01 |
Genre | : Law |
ISBN | : 1136741860 |
In a regional, national and global response to terrorism, the emphasis necessarily lies on preventing the next terrorist act. Yet, with prevention comes prediction: the need to identify and detain those considered likely to engage in a terrorist act in the future. The detention of ‘suspected terrorists’ is intended, therefore, to thwart a potential terrorist act recognising that retrospective action is of no consequence given the severity of terrorist crime. Although preventative steps against those reasonably suspected to have an intention to commit a terrorist act is sound counter-terrorism policy, a law allowing arbitrary arrest and detention is not. A State must carefully enact anti-terrorism laws to ensure that preventative detention does not wrongly accuse and grossly slander an innocent person, nor allow a terrorist to evade detection. This book examines whether the preventative detention of suspected terrorists in State counter-terrorism policy is consistent with the prohibitions on arbitrary arrest and detention in international human rights law. This examination is based on the ‘principle of proportionality’; a principle underlying the prohibition on arbitrary arrest as universally protected in the Universal Declaration of Human Rights, and given effect to internationally in the International Covenant on Civil and Political Rights, and regionally in regional instruments including the European Convention on Human Rights. The book is written from a global counter-terrorism perspective, drawing particularly on examples of preventative detention from the UK, US and Australia, as well as jurisprudence from the ECHR.