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Author: Christopher Blakesley
Publisher: BRILL
ISBN: 9004478957
Category : Law
Languages : en
Pages : 351
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Book Description
This book addresses the complex, challenging, and dangerous problems relating to terrorism and to the attempts to address and stop terrorism. It includes not only a positivistic legal analysis of issues, but attempts to assess the costs facing us all in this modern reality of political violence. Blakesley challenges the so-called realist premise of fighting fire with fire and attempts to devolve a working definition of terrorism that may be applied to whatever group or nation that uses terror or terrorism as a tactic or strategy. Published under the Transnational Publishers imprint.
Author: Christopher Blakesley
Publisher: BRILL
ISBN: 9004478957
Category : Law
Languages : en
Pages : 351
Get Book Here
Book Description
This book addresses the complex, challenging, and dangerous problems relating to terrorism and to the attempts to address and stop terrorism. It includes not only a positivistic legal analysis of issues, but attempts to assess the costs facing us all in this modern reality of political violence. Blakesley challenges the so-called realist premise of fighting fire with fire and attempts to devolve a working definition of terrorism that may be applied to whatever group or nation that uses terror or terrorism as a tactic or strategy. Published under the Transnational Publishers imprint.
Author: Clive Walker
Publisher: Oxford University Press
ISBN: 0199561176
Category : Law
Languages : en
Pages : 629
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Book Description
Terrorism law and legal practice has been politically and socially controversial to a degree beyond almost any other legal issue during the past few years, and this analytical text contains extensive analysis of these controversies. Terrorism and the Law offers a thoughtful and up-to-date discussion of all the key materials on terrorism law. It provides comprehensive coverage of all the major domestic, European, and international laws, and their impact on the UK. It also contains an extensive examination of the implementation of these terrorism laws, and of the practical issues they raise. The book contains three Parts. Part I focuses on meanings of 'terrorism' in law and political science. It provides the reader with an understanding of the phenomenon and the legal concept, including its statutory definitions, which is essential to the book's assessment of the strategies and tactics adopted in the codes of laws. It also covers normative constraints, such as human rights. Part II focuses on the United Kingdom law. It provides extensive coverage of the major UK terrorism legislation, such as: the Terrorism Act 2000; the Anti-Terrorism, Crime and Security Act 2001; the Prevention of Terrorism Act 2005; the Terrorism Act 2006; the Terrorism (Northern Ireland) Act 2006; the Justice and Security (Northern Ireland) Act 2007; and the Counter-Terrorism Act 2008. It also examines the key laws and rules relating to terrorism policing and legal processes. It discusses the meaning of these legislative materials, as well as their implementation, and includes reference to case law and practice statements from the police and courts. Part III reflects the impact of European, international and transnational laws and practices, covering international transnational cooperation and extradition, key European Union law measures against terrorism, other international law measures against terrorist activities, and international human rights and terrorism.
Author: Isaac Taylor
Publisher: Routledge
ISBN: 1351016938
Category : Philosophy
Languages : en
Pages : 274
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Book Description
States across the globe spend billions of dollars fighting terrorism annually. As well as strategic questions about the way in which the money should be spent, we are also confronted with a host of moral issues here, many of which are poorly understood. The Ethics of Counterterrorism offers the first systematic normative theory for guiding, assessing, and criticising counterterrorist policy. Many commentators claim that state actors combating terrorism should set aside ordinary moral and legal frameworks, and instead bind themselves by a different (and, generally, more permissive) set of ethical rules than is appropriate in other areas. The book assesses arguments for this view, and more specifically investigates whether widely-endorsed restrictions on state action in the areas of surveillance, policing, armed conflict, criminal justice, diplomacy, and cultural integration need to be weakened when we are confronted with terrorist threats. With its novel overall framework for assessing counterterrorist strategies, its comprehensive analysis of existing practices, and its bringing the tools of analytic philosophy to bear on new questions regarding how states can fight terrorism both effectively and morally, The Ethics of Counterterrorism promises to be an important point of reference for future debates in this area.
Author: Karl A. Seger
Publisher: Presidio Press
ISBN:
Category : Political Science
Languages : en
Pages : 248
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Book Description
Author: Dan E. Stigall
Publisher:
ISBN: 9781604976182
Category : Law
Languages : en
Pages : 0
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Book Description
"A must read and a breakthrough work ... The book makes clear the importance of comparing, learning from, and adapting legal systems to the ever-changing world, while maintaining the integrity of the Constitution. The subtlety of the book shows deep understanding of these legal regimes, something most legal analysts and policy makers from both systems sorely lack ... a most timely and valuable analysis."- Prof. Christopher L. Blakesley, University of Nevada, Las Vegas, and author of Terrorism and Anti-Terrorism: A Normative and Practical Assessment "A careful and authoritative account of the controversial practice of investigative detention as a tool for responding to terrorism in a post-September 11th world. Informed by an impressive knowledge of American, British, and French law, Stigall's book reflects a distinctive comparative perspective. It deserves to be read not only by scholars and students in the field but also by policy makers on both sides of the Atlantic." - Prof. Stuart P. Green, Rutgers School of Law-Newark "Dan Stigall's analysis highlights the danger of dismissing a comparative approach, for he has most effectively used the British and French experience in discussing detention. While no regime has the answer (an illusion, at best), democratic nations can well learn from each other's successes and failures. Precisely for that reason, policy makers, jurists, and the concerned public owe Dan a collective thanks; in addressing the extraordinarily complicated issue of detention from a comparative perspective, he has truly bitten off a very large bite of a problematic apple. That he has done so is to our benefit; that he has done so successfully is to his credit. While we shall continue to struggle with the limits of detention and what legal paradigm is the "correct" one, we are the richer for Dan's book. It can serve as an effective "guide" as we continue to traverse the never-ending field of terrorism and counterterrorism." - Amos N. Guiora, Professor of Law, S. J. Quinney College of Law, University of Utah
Author: Carl Wellman
Publisher: Springer Science & Business Media
ISBN: 9400760078
Category : Law
Languages : en
Pages : 135
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Book Description
This book presents a definition of terrorism that is broad and descriptive and much needed to prevent misunderstanding. The book identifies the features that make terrorism ‘wrong’, including coerciveness, the violation of rights and undermining of trust. Next, it evaluates reasons given for terrorism such as the protection of human rights and the liberation of oppressed groups as not normally justified. Following this, the book identifies and evaluates international responses to terrorism, taking into account General Assembly and Security Council resolutions, United Nations conventions and criminalization in international law. It also looks at national responses which often take the shape of surveillance, detention, interrogation, trials, targeted killings, intrusion and invasion. Finally, the book discusses how, if at all, the moral norms of personal morality apply to the actions of nation states.
Author: Ana María Salinas de Frías
Publisher: Oxford University Press
ISBN: 019960892X
Category : Law
Languages : en
Pages : 1229
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Book Description
Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.
Author: Stéphanie De Coensel
Publisher:
ISBN: 9789046610510
Category :
Languages : en
Pages : 352
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Book Description
In an effort to prevent a terrorist attack, legislators increasingly resort to criminal law measures at an early stage of the iter criminis. Although this pre-emptive turn is often criticized, a thorough assessment based upon the fundaments of the criminal justice system is largely absent in scholarly discourse. This book, therefore, subjects three types of terrorism-related offences (i.e. offences with an impact on expression, information and movement) in four Western-European countries (i.e. Belgium, the Netherlands, France and the United Kingdom) to a legitimacy test, based upon the principles of subsidiarity, proportionality and legality. Whilst subsidiarity primarily focusses on the grounds of criminalization (and more in particular the harm principle), proportionality and legality are reflected in a human rights assessment. The author examines the troublesome relationship between an efficient security policy and the value of well-established principles of substantive criminal law. She argues that lowering both the standards of actus reus and mens rea is a dangerous evolution which undermines the rule of law.
Author: Arianna Vedaschi
Publisher: Cambridge University Press
ISBN: 9781009010146
Category : Law
Languages : en
Pages : 320
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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.
Author: Roberta Arnold
Publisher: BRILL
ISBN: 9004479651
Category : Law
Languages : en
Pages : 400
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Book Description
THE ICC AS A NEW INSTRUMENT FOR REPRESSING TERRORISM received the 2004 Honorable Mention Award of ASIL's Francis Lieber Society. Its author, Roberta Arnold, received the Walther Hug Prize for being one of the top Swiss PhDs in 2004. This insightful work analyzes the deficiencies of the existing counter-terrorism framework and assesses whether acts commonly referred to as "terrorism" are actually war crimes, crimes against humanity, genocide, and aggression, thereby falling within the jurisdiction of the International Criminal Court. Following a discussion of the international law definition of terrorism, in particular the anti-terrorism conventions and international humanitarian law, the author sets about constructing her own working definition of terrorism. Strengths and weaknesses of the principal international anti-terrorism conventions are examined in the first part of this book. The second section discusses whether so-called acts of terrorism may constitute war crimes, crimes against humanity, genocide, and aggression, both under traditional international law and under the ICC Statute. The viability of resorting to the ICC as an effective instrument for a comprehensive repression of terrorism is addressed in the third section. Published under the Transnational Publishers imprint.
