Constitutionalism Across Borders In The Struggle Against Terrorism
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Constitutionalism Across Borders In The Struggle Against Terrorism
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Author : Federico Fabbrini
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-04-29
Constitutionalism Across Borders In The Struggle Against Terrorism written by Federico Fabbrini and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-29 with Law categories.
This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or postgraduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counter-terrorism, and related questions of individual rights.
The Eu Constitution In Time Of War
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Author : Federico Fabbrini
language : en
Publisher: Oxford University Press
Release Date : 2025-02-01
The Eu Constitution In Time Of War written by Federico Fabbrini and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-01 with Law categories.
Russia's illegal aggression against Ukraine has been a watershed moment for the European Union (EU). The return of large-scale conventional warfare to the European continent, unseen since the Second World War, shattered the illusion of perpetual peace and forced the EU to confront the reality of hard power. Originally created to maintain internal peace, the EU was never conceived to handle the challenges of war. Yet, the war in Ukraine required the EU to repurpose its machinery of government to do just that. Embracing a comparative analytical framework, this book examines how the EU constitution has functioned in response to Russia's aggression. It scrutinizes the EU's legal reactions across five key policy areas: foreign, security, and defence policy; economic and fiscal policy; justice and home affairs; energy and industrial policy; and enlargement and reform. In doing so, it investigates whether the EU constitution has enabled the EU to respond effectively to the war, how EU treaties have been interpreted to authorize war-related actions, and whether these responses have adhered to constitutional limits. Advancing a threefold argument, this book asserts that the EU constitution has demonstrated sufficient flexibility to permit wartime actions. Secondly, it highlights the limitations exposed by the return of conventional warfare in Europe, noting structural constraints and governance shortcomings that hinder decisive action, and instances where laws inadequately constrain EU action, particularly regarding fundamental rights and the rule of law. Finally, it evaluates the long-term constitutional implications of war for EU governance and proposes legal reforms that could shape a more perfect EU for both times of war and peace.
The Fight Against Impunity In Eu Law
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Author : Luisa Marin
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-11-26
The Fight Against Impunity In Eu Law written by Luisa Marin and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-26 with Law categories.
The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.
The Palgrave Handbook Of Criminal And Terrorism Financing Law
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Author : Colin King
language : en
Publisher: Springer
Release Date : 2018-05-04
The Palgrave Handbook Of Criminal And Terrorism Financing Law written by Colin King and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-04 with Social Science categories.
The Palgrave Handbook of Criminal and Terrorism Financing Law focuses on how criminal and terrorist assets pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. In response to the funds generated by or for organised crime and transnational terrorism, strategies have been elaborated at national, regional, and international levels for laws, organisations and procedures, and economic systems. Reflecting on these strands, this handbook brings together leading experts from different jurisdictions across Europe, America, Asia, and Africa and from different disciplines, including law, criminology, political science, international studies, and business. The authors examine the institutional and legal responses, set within the context of both policy and practice, with a view to critiquing these actions on the grounds of effective delivery and compliance with legality and rights. In addition, the book draws upon the experiences of the many senior practitioners and policy-makers who participated in the research project which was funded by a major Arts and Humanities Research Council grant. This comprehensive collection is a must-read for academics and practitioners alike with an interest in money laundering, terrorism financing, security, and international relations.
Artificial Intelligence Counter Terrorism And The Rule Of Law
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Author : Arianna Vedaschi
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-05-14
Artificial Intelligence Counter Terrorism And The Rule Of Law written by Arianna Vedaschi and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-14 with Law categories.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This insightful book examines the use of advanced technology, specifically artificial intelligence (AI), both as a tool in the hands of terrorists and as a powerful security counter-measure. It sheds light on the legal issues arising from the presence of AI in national security matters and identifies how AI can be regulated in this sensitive field.
A World Government
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Author : Sabino Cassese
language : en
Publisher: Global Law Press
Release Date : 2018-02-28
A World Government written by Sabino Cassese and has been published by Global Law Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-28 with Law categories.
There are now many features of a new world order: the circulation of concepts, techniques, rules; the development of global epistemic communities; an increasing mix of national and supranational institutions; the formation of more horizontal links among States, which do not disappear, but rather become accountable to one other; the generalization of common usages and rules. Overall, this is conventionally called globalization. Globalization is the major development in the field of public law in the second half of the twentieth century. It has evolved according to an incremental pattern. First, it was applied to peace and human rights (the United Nations); then, to areas such as the sea, nuclear waste, health, labor, the environment. Subsequently, it was applied to trade, and, finally, to global terrorism and global crises. The process of globalization has been piecemeal, and globalization has developed through crises and unbalances, by accretion and accumulation.
Surveillance Privacy And Trans Atlantic Relations
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Author : David Cole
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-02-09
Surveillance Privacy And Trans Atlantic Relations written by David Cole and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-09 with Law categories.
Recent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns both in the European Union and the United States on how to protect privacy in the face of increasing governmental surveillance. This book brings together some of the leading experts in the fields of constitutional law, criminal law and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis. As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century.
The Proscription Of Terrorist Organisations
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Author : Lee Jarvis
language : en
Publisher: Routledge
Release Date : 2020-06-29
The Proscription Of Terrorist Organisations written by Lee Jarvis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-29 with Law categories.
Powers to outlaw or proscribe terrorist organisations have become cornerstones of global counter-terrorism regimes. In this comprehensive volume, an international group of leading scholars reflect on the array of proscription regimes found around the world, using a range of methodological, theoretical and disciplinary perspectives from Political Science, International Relations, Law, Sociology and Criminology. These perspectives consider how domestic political and legal institutions intersect with and transform the use of proscription in countering terrorism and beyond. The chapters advance a range of critical perspectives on proscription laws, processes and outcomes, drawing from a global range of cases including Australia, Canada, the EU, Spain, Sri Lanka, Turkey, the UK and the USA. Using single and comparative cases, the authors emphasise the impacts of proscription on freedoms of speech and association, dissent, political action and reconciliation. The chapters demonstrate the manifold consequences for diasporas and minorities, especially those communities linked to struggles overseas against oppressive regimes, and stress the significance of language and other symbolic practices in the justification and extension of proscription powers. The volume concludes with an in-depth interview on the blacklisting of terror groups with the former U.S. Director of National Intelligence, James Clapper. This book was originally published as a special issue of the journal Terrorism and Political Violence.
Yale Law Journal Volume 125 Number 2 November 2015
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Author : Yale Law Journal
language : en
Publisher: Quid Pro Books
Release Date : 2015-11-30
Yale Law Journal Volume 125 Number 2 November 2015 written by Yale Law Journal and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-30 with Law categories.
The contents of the November 2015 issue of the Yale Law Journal (Volume 125, Number 2) include: Articles • "The Un-Territoriality of Data," by Jennifer Daskal • "Political Entrenchment and Public Law," by Daryl Levinson & Benjamin I. Sachs Review • "18 Years On: A Re-Review," by Richard A. Posner Note • "Financing the Class: Strengthening the Class Action Through Third-Party Investment," by Tyler W. Hill Comment • "Law Enforcement and Data Privacy: A Forward-Looking Approach," by Reema Shah Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for individual Articles and Notes), proper Bluebook formatting, and active URLs in footnotes. This is the second issue of Volume 125, academic year 2015-2016.
Reimagining The National Security State
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Author : Karen J. Greenberg
language : en
Publisher: Cambridge University Press
Release Date : 2020
Reimagining The National Security State written by Karen J. Greenberg and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
A comprehensive look at the toll US government policies took on civil liberties, human rights, and the rule of law in the name of the war on terror.