Fighting Terrorism through Multilevel Criminal Legislation

Fighting Terrorism through Multilevel Criminal Legislation PDF Author: Erling Johannes Husabø
Publisher: BRILL
ISBN: 9047431014
Category : Law
Languages : en
Pages : 504

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Book Description
This book highlights the criminal framework legislation developed by the UN Security Council and the EU in the aftermath of the terrorist attacks in the USA in 2001, and studies the implementation of these rules in six European legal orders. It contains a thorough analysis of the concept of terrorist offences, including complex issues such as actions by armed forces and resistance movements. It also explores the broad criminalisation of preparatory acts, including the participation in terrorist groups, and discusses the extended application of national law to offences committed abroad. More generally, the book sheds light on the interplay between global, regional and national regulation and contributes to a better understanding of national differences in the field of criminal law.

9/11 and the Rise of Global Anti-Terrorism Law

9/11 and the Rise of Global Anti-Terrorism Law PDF Author: Arianna Vedaschi
Publisher: Cambridge University Press
ISBN: 1009020587
Category : Law
Languages : en
Pages : 525

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Book Description
Twenty years after the outbreak of the threat posed by international jihadist terrorism, which triggered the need for democracies to balance fundamental rights and security needs, 9/11 and the Rise of Global Anti-Terrorism Law offers an overview of counter-terrorism and of the interplay among the main actors involved in the field since 2001. This book aims to give a picture of the complex and evolving interaction between the international, regional and domestic levels in framing counter-terrorism law and policies. Targeting scholars, researchers and students of international, comparative and constitutional law, it is a valuable resource to understand the theoretical and practical issues arising from the interaction of several levels in counter-terrorism measures. It also provides an in-depth analysis of the role of the United Nations Security Council.

Multilevel Regulation and the EU

Multilevel Regulation and the EU PDF Author: Andreas Føllesdal
Publisher: BRILL
ISBN: 9004164383
Category : Law
Languages : en
Pages : 449

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Book Description
Rules are no longer merely made by states, but increasingly by international organizations and other international bodies. At the same time these rules do impact the daily life of citizens and companies as it has become increasingly difficult to draw dividing lines between international, EU and domestic law. This book introduces the notion of a ~multilevel regulationa (TM) as a way to study these normative processes and the interplay between different legal orders. It indicates that many rules in such areas as trade, financial cooperation, food safety, pharmaceuticals, security, terrorism, civil aviation, environmental protection or the internet find their origin in international cooperation. Apart from mapping multilevel regulation on the basis of a number of case studies, the book analyses its consequences in relation to forms of legal protection and legitimacy. In that respect it proposes an agenda for research to study how to cope with multilevel regulation. This work offers valuable resources for researchers involved in studying the interplay between international, European and domestic law. For practitioners it offers background information on the ways in which many international rules come into being.

The Concept of Universal Crimes in International Law

The Concept of Universal Crimes in International Law PDF Author: Terje Einarsen
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8293081333
Category : Law
Languages : en
Pages : 382

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Book Description
This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.

EU Counter-Terrorism Law

EU Counter-Terrorism Law PDF Author: Cian C Murphy
Publisher: Bloomsbury Publishing
ISBN: 1847319599
Category : Law
Languages : en
Pages : 274

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Book Description
EU Counter-Terrorism Law: Pre-emption and the Rule of Law is a detailed study of EU action to combat terrorism since 11 September 2001 and the implications that action has had for the EU legal order. It critically examines EU counter-terrorism measures to ascertain how rule of law principles have been affected in the 'war on terror'. The book opens with a critical examination of the rule of law in the EU legal order. It then provides an overview of the “war on terror” before analysing five key facets of EU counter-terrorism: the common European definition of terrorism along with related offences contained in the Framework Decision on Combating Terrorism; the EU's anti-money laundering and counter-terrorist finance laws; UN and EU targeted asset-freezing sanctions; EU data retention measures such as the Data Retention Directive and the Passenger Name Records agreements; and the European Arrest Warrant and European Evidence Warrant. The book argues that EU counter-terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual autonomy. It concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme. 'an impressively accurate and alarming analysis' Ms Sophia In 't Veld MEP and Vice-Chair of the European Parliament Committee on Civil Liberties, Justice and Home Affairs 2ND Prize winner of the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship 2013

Courts

Courts PDF Author: Cassia Spohn
Publisher: SAGE
ISBN: 1412997186
Category : Law
Languages : en
Pages : 665

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Book Description
Authored text sections and carefully selected accompanying readings that illustrate the questions and controversies legal scholars and court researchers are investigating in the 21st century. Edited readings introduce students to classic studies of the criminal court system and to cutting edge research on decision making by court actors. An introduction to each reading gives students an overview of the purpose, main points, and conclusion of each article and evaluates their policy implications. How to Read a Research Article- tied to the first reading in the book-guides students in understanding and learning from the research articles. Mini-chapters precede the selection of readings and offer clear and concise explanations of key terms and concepts in each section, coupled with boxes with special interest topics and review materials that enhance student comprehension.

Cyber Counterterrorism, Cyber International Conflict, Virtual Cyber War Crimes

Cyber Counterterrorism, Cyber International Conflict, Virtual Cyber War Crimes PDF Author: Journal of Legal Technology Risk Management
Publisher: Lulu.com
ISBN: 1329297687
Category : Law
Languages : en
Pages : 153

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Book Description
Articles cover Counterterrorism Measures via Internet Intermediaries: A First Amendment & National Security Dilemma, Targeting in the Cyber Domain: Legal Challenges Arising from the Application of the Principle of Distinction to Cyber Attacks, Legal Implications of Vulnerability Disclosure in International Conflict, Virtual Crimes, Actual Threats: Deterring National Security Offenses Committed Through Cyberspace. #cyberwarfare #cybersecurity #cyberspace

Returning Foreign Fighters: Responses, Legal Challenges and Ways Forward

Returning Foreign Fighters: Responses, Legal Challenges and Ways Forward PDF Author: Francesca Capone
Publisher: Springer Nature
ISBN: 9462655715
Category : Law
Languages : en
Pages : 312

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Book Description
This book, a follow-up publication to the 2016 volume Foreign Fighters under International Law and Beyond, zooms in on the responses that the international community and individual States are implementing in response to (prospective and actual) returning foreign fighters (FFs) and their families, focusing on returnees from Syria and Iraq to European countries. As States and international organisations are still ‘learning by doing’, the role of the academic community is to help steer the process by bridging the divide between international standards and their implementation at the national level and between security concerns and human rights law. Furthermore, the academic community can and should assist in identifying ways forward that are both effective, sustainable and international law-compliant. Those are, ultimately, the goals that the present volume seeks to pursue. The observations, recommendations and warnings included in this book will be useful in future debates on (returning) FFs, both in the academic world and in the world of policy makers and practitioners, as well as to the public at large. Francesca Capone is Associate Professor of International Law at the Istituto DIRPOLIS of the Scuola Superiore Sant’Anna in Pisa, Italy. Christophe Paulussen is Senior Researcher International Law at the T.M.C. Asser Instituut in The Hague, The Netherlands. Rebecca Mignot-Mahdavi is Lecturer in International Law at the Manchester International Law Centre, University of Manchester, School of Law in Manchester, United Kingdom.

A Theory of Punishable Participation in Universal Crimes

A Theory of Punishable Participation in Universal Crimes PDF Author: Terje Einarsen
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283481282
Category : Law
Languages : en
Pages : 756

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Book Description
This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.

The International Criminal Responsibility of War's Funders and Profiteers

The International Criminal Responsibility of War's Funders and Profiteers PDF Author: Nina H. B. Jørgensen
Publisher: Cambridge University Press
ISBN: 1108483615
Category : History
Languages : en
Pages : 571

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Book Description
This book is about money, war, atrocities and economic actors, about the connections between them, and about responsibility.