International Law New Diplomacy And Counterterrorism
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International Law New Diplomacy And Counterterrorism
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Author : Steven J. Barela
language : en
Publisher: Routledge
Release Date : 2014-03-05
International Law New Diplomacy And Counterterrorism written by Steven J. Barela and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-05 with Political Science categories.
This interdisciplinary book explores how terrorism is meant to target a government’s legitimacy, and advocates for sounder defensive measures when countering international attacks. The dramatic increase in global cooperation throughout the twentieth century—between international organisations and their state missions of diplomats, foreign officers, international civil servants, intelligence officers, military personnel, police investigators, judges, legislators, and financial regulators—has had a bearing on the shape and content of the domestic political order. The rules that govern all of these interactions, and the diplomats engaged to monitor and advocate for compliance, have undergone a mushrooming development following the conclusion of each world war. This dramatic growth is arguably the most significant change the international structure has experienced since the inception of the state-based system ushered in with the Peace of Westphalia in 1648. International Law, New Diplomacy and Counterterrorism explores the impact of this growth on domestic legitimacy through the integration of two disciplines: international law and political philosophy. Focusing particularly on the cross-border counterterrorism actions launched by the United States, the author investigates how civil societies have often turned to the standards of international law to understand and judge the legitimacy of their government’s counterterrorism policies reaching across international borders. The book concludes that those who craft counterterrorism policies must be attentive to defending the target of legitimacy by being wholly mindful of the realms of legality, morality and efficacy when exercising force. This book will be of much interest to students of international law, diplomacy, counterterrorism, political philosophy, security studies and IR.
Counter Terrorism
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Author : Ana María Salinas de Frías
language : en
Publisher: Oxford University Press
Release Date : 2012-01-19
Counter Terrorism written by Ana María Salinas de Frías 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 2012-01-19 with Law categories.
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.
Terrorism Security And Human Rights
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Author : Mahmood Monshipouri
language : en
Publisher:
Release Date : 2012
Terrorism Security And Human Rights written by Mahmood Monshipouri and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Human rights categories.
"Scholars and policymakers disagree on the most effective way to counter transnational terrorism, generating debate on a range of questions: Do military interventions increase or decrease the recruitment capability of transnational terrorists? Should we privilege diplomacy over military force in the campaign against terror? Can counterterrorist measures be applied without violating human rights? More fundamentally, is it possible to effectively wage a war against terrorism? Grappling with these questions, Mahmood Monshipouri reviews alternative strategies for combating terrorism and makes the case for the continued relevance of international law and diplomacy as measures for severing its roots in the Middle East and elsewhere. Monshipouri underlines the need to redefine security to include the protection of human rights. In that context, he examines the limits of the use of force, torture, and externally imposed democratization and focuses on the conditions under which alternative counterterrorism tools can be viable. While acknowledging that there is no easy remedy to the tensions between security needs and human rights, he makes a compelling argument that the pursuit of a security template that sacrifices civil liberties is not only morally debilitating, but also politically imprudent"--Provided by publisher.
The Power Of Deliberation
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Author : Ian Johnstone
language : en
Publisher: Oxford University Press, USA
Release Date : 2011
The Power Of Deliberation written by Ian Johnstone and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
Arguing about matters of public policy is ubiquitous in democracies. The ability to resolve conflicts through peaceful contestation is a measure of any well-ordered society. This book challenges the assumption that arguing is mere lip service with no real impact on the behavior of states or the structure of the international system.
International Law New Diplomacy And Counterterrorism
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Author : Steven J. Barela
language : en
Publisher: Routledge
Release Date : 2014-03-05
International Law New Diplomacy And Counterterrorism written by Steven J. Barela and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-05 with Political Science categories.
This interdisciplinary book explores how terrorism is meant to target a government’s legitimacy, and advocates for sounder defensive measures when countering international attacks. The dramatic increase in global cooperation throughout the twentieth century—between international organisations and their state missions of diplomats, foreign officers, international civil servants, intelligence officers, military personnel, police investigators, judges, legislators, and financial regulators—has had a bearing on the shape and content of the domestic political order. The rules that govern all of these interactions, and the diplomats engaged to monitor and advocate for compliance, have undergone a mushrooming development following the conclusion of each world war. This dramatic growth is arguably the most significant change the international structure has experienced since the inception of the state-based system ushered in with the Peace of Westphalia in 1648. International Law, New Diplomacy and Counterterrorism explores the impact of this growth on domestic legitimacy through the integration of two disciplines: international law and political philosophy. Focusing particularly on the cross-border counterterrorism actions launched by the United States, the author investigates how civil societies have often turned to the standards of international law to understand and judge the legitimacy of their government’s counterterrorism policies reaching across international borders. The book concludes that those who craft counterterrorism policies must be attentive to defending the target of legitimacy by being wholly mindful of the realms of legality, morality and efficacy when exercising force. This book will be of much interest to students of international law, diplomacy, counterterrorism, political philosophy, security studies and IR.
The Law Of The List
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Author : Gavin Sullivan
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-25
The Law Of The List written by Gavin Sullivan 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 2021-02-25 with Law categories.
The spread of violent extremism, 9/11, the rise of ISIL and movement of 'foreign terrorist fighters' are dramatically expanding the powers of the UN Security Council to govern risky cross-border flows and threats by non-state actors. New security measures and data infrastructures are being built that threaten to erode human rights and transform the world order in far-reaching ways. The Law of the List is an interdisciplinary study of global security law in motion. It follows the ISIL and Al-Qaida sanctions list, created by the UN Security Council to counter global terrorism, to different sites around the world mapping its effects as an assemblage. Drawing on interviews with Council officials, diplomats, security experts, judges, secret diplomatic cables and the author's experiences as a lawyer representing listed people, The Law of the List shows how governing through the list is reconfiguring global security, international law and the powers of international organisations.
The Pursuit Of A Brave New World In International Law
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Author : Tiyanjana Maluwa
language : en
Publisher: BRILL
Release Date : 2017-01-10
The Pursuit Of A Brave New World In International Law written by Tiyanjana Maluwa and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-10 with Law categories.
Drawing upon his inspirational role, this book is a testament to the enduring contributions he has made to international law and international human rights law and policy by colleagues he has mentored, worked or collaborated with, or simply inspired.
Attacking Terrorism
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Author : Audrey Kurth Cronin
language : en
Publisher: Georgetown University Press
Release Date : 2004-01-14
Attacking Terrorism written by Audrey Kurth Cronin and has been published by Georgetown University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-14 with Political Science categories.
The definition and understanding of "terrorism" is in a state of unprecedented evolution. No longer are acts of terrorism rare and far-flung. Following the horrendous attacks on the World Trade Center and the Pentagon, U.S. citizens have had their eyes opened to a new world where this nightmare stalks the daily news and is never far from consciousness. Attacking Terrorism brings together some of the world's finest experts, people who have made the study of this rising menace their life's work, to provide a comprehensive picture of the challenges and opportunities of the campaign against international terrorism. Part one, "The Nature of Terrorism," provides an overview and foundation for the current campaign, placing it within the political and historical context of previous threats and responses. Part two, "The Responses to Terrorism," looks at the range of policy instruments required in an effective strategy against terrorism. The contributors to this volume bring finely honed analyses and nuanced perspectives to the terrorist realities of the twenty-first century—history, analyses, and perspectives that have been too often oversimplified or myopic. They bring a new depth of understanding and myriad new dimensions to the crisis of terrorism. And they reach into aspects of counterterrorism that broaden our grasp on such important tools as diplomacy, intelligence and counterintelligence, psycho-political means, international law, criminal law enforcement, military force, foreign aid, and homeland security, showing not only how these tools are currently being employed but how often they are being underutilized as well. Attacking Terrorism demonstrates that there are no easy answers—and that the road toward victory will be long and arduous, frightening and dangerous—but as Audrey Kurth Cronin states in her introduction, "As the campaign against international terrorism unfolds, a crucial forward-looking process of strategic reassessment is under way in the United States, and this book is intended to be a part of it."
International Law Documents Relating To Terrorism
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Author : Omer Elagab
language : en
Publisher: Routledge
Release Date : 2007-02-08
International Law Documents Relating To Terrorism written by Omer Elagab and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-02-08 with Law categories.
Since 9/11, terrorism has been at the forefront of global politics and international relations. This new edition has been thoroughly updated and provides a comprehensive compilation of international law documents relating to terrorism. Covering the main instruments passed by the United Nations, regional organizations and the State practice of the US and the UK on the issue of combating terrorism in one handy volume, it covers the most recent instruments in the field of combating terrorism, such as: the International Convention for the Suppression of the Financing of Terrorism the Financial Action Task Force Revised Forty Recommendations on Money Laundering the Special Recommendations on Money Laundering the Special Recommendations on Terrorist Financing. The collection is introduced by the authors with an explanation of the salient issues relating to terrorism and proposals on how it can be combated. International Law Documents Relating to Terrorism provides, in a single text, all the basic documents in international law relating to terrorism, paying particular attention to the Lockerbie bombing case and the developments since 9/11.
The Regulation Of International Coercion
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Author : James P Terry
language : en
Publisher:
Release Date : 2014-05-14
The Regulation Of International Coercion written by James P Terry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with categories.
The most significant discourse about serious threats to U.S. national security in thetwenty-first century will likely concern the military capabilities and intentions ofnonstate actors, acting either for themselves, for religious elites, or as surrogates forstate sponsors. This preoccupation results not from any inordinate fear of "terrorism"but from a recognition of objective military and political realities. While prior to 1991only the Soviet Union possessed the capacity to inflict catastrophic military destructionon the United States, today that threat is vested in terrorist cells and religious sects thatseek to destroy the fabric of the United States through unconventional military andparamilitary means. The terrorist attacks of 11 September 2001 bear this out. During the Cold War, the major threat to the United States was clearly the fear of miscalculationby the Soviets. Today, that threat has been recharacterized in terms of deliberateaggression against the United States by nontraditional actors willing to take suicidal risksto inflict premeditated, brutal savagery on innocent civilians in a manner designed toforce not so much regime change directly as policy changes that affect regime change.Commitment to national security is only as valid as the policies and plans, military, economic, and political, that shape the areas and people from which these threats originate.The problem always has been to determine which policies, and how applied, makethe greatest contribution to countering the threat--a threat now represented by socialand religious systems that foster or at least condone aggressive response to differing religiousand social values. This has never been more true than in Afghanistan and inIraq. Security, then, means more than simply protecting the land on which we live; itembraces a comprehensive understanding of the appropriate response to human aspirationsfor improved conditions of life, for equality of opportunity, and for justice andfreedom. Where these interests are thwarted for peoples or groups within a particularstate or region by armed protagonists representing narrow, restrictive interests, our responsemust be one measured by the effective institutionalization of order. This monograph first examines the relationship between law and the use of force, to includea review of the principles of legal justification, the legal criteria for self-defense, andthe policy of deterrence followed by the United States. It then examines the characteristicdifferences between the interpretive approaches taken by national and nonnational entitiesin their respective claims and counterclaims during international crises. Chapter 2, which concludes Part I, is focused on the historical aspects of the minimumworld order system, which today comprises the prohibition against the use of force byone state against another embodied in Article 2, paragraph 4, of the United NationsCharter, with the exception inherent in customary international law and in Article 51of the Charter that every state is authorized to use force in self-defense. A review of thepre-Charter system focuses on the development of the nation-state and the threads ofinternational law development leading to multilateral agreements vice solely bilateralaccords. The period following World War I, with the emergence of the League of Nations, is examined for its significance as an important source of the Charter of theUnited Nations. The structuring of the Charter is then addressed in terms of the conceptof aggression and lawful response to aggression. Chapter 2 concludes with a reviewof the law of self-defense as defined first under customary international law andthen under the UN Charter. Part II addresses lesser conflicts. Chapter 3 addresses instances where intervention isauthorized in defense of humanitarian values defined in the UN Charter. The recenthumanitarian interventions in the Congo and in Kosovo provide examples of authorizedhumanitarian initiatives. Chapter 4 examines the American intervention in Panamain 1989 as we intervened both to protect our interests under the Panama CanalTreaty and to ensure the safety of U.S. nationals present in Panama pursuant to thatagreement. Chapter 5 reviews those conflicts in which terrorist violence by individuals, groups of individuals, and state-supported terrorist elements create a right to respondthrough military force by the target state. The attacks by Iranian militants in 1979 andby al-Qa'ida in 2001 spearhead the discussion of lawful response to terrorist violence.Chapter 5 argues that an effective counterterrorism strategy must ensure that enforcementmeasures are not legally constrained and that people responsible for terrorist actsare consistently held accountable by regional and international organizations. This expandingbody of international law, when coupled with increasingly effective nationallegislation, appears to be arming the victims of terrorism with some of the legal instrumentsnecessary to combat the threat. This chapter concludes that governmental responseto state-supported terror violence, where the elements of necessity andproportionality are met, is clearly supported by customary international law and theUN Charter. Part III, consisting of chapters 6 and 7, addresses examples of major conflict. These areconflicts that have involved aggression by one or more nation-states against anothernation-state, as opposed to the intervention by nations or coalitions of nations in responseto either humanitarian crises or terrorist violence. In these major conflicts, thesovereignty of a nation is normally in dispute.While not necessarily exhibiting greaterdestructiveness than "lesser" conflicts, the more traditional international conflicts addressedin Part III invoke the law-of-war principles reflected in the Hague Conventionsof 1899 and 1907 and the Geneva Conventions of 1949. Chapter 6 examines the coalition response to Iraqi aggression in 1990-91 during OperationDESERT STORM. It contrasts the illegality of the actions of the Iraqi regime ofSaddam Hussein with the responses of the coalition led by the United States, whichsucceeded in liberating Kuwait and returning its borders to the status quo ante. Thechapter begins with a discussion of Iraq's invasion of Kuwait and the response of theUnited Nations, leading up to the decision to use force. It then examines the conduct ofarmed hostilities by both sides during the war. The chapter concludes with observationson the role of law in the successes and failures of the postwar enforcement regimein Iraq. Chapter 7, Operation IRAQI FREEDOM, examines the Bush administration's decision toinvade Iraq in March 2003 and enforce a long series of UN Security Council resolutionsaddressing Iraqi threats to international peace and security. This chapter examinesthese Iraqi violations in the context of international law principles justifyingintervention.More significantly, it examines the right of states to enforce mandates issuedby the Security Council and to redress violations of its edicts when the Council, asa body, refuses to do so. Part IV addresses U.S. policy for peace operations. The United States has voted to supportthe United Nations and NATO in providing multilateral forces to restore internationalpeace and security. The United Nations was involved in both Chapter VI(peacekeeping) and Chapter VII (peace enforcement) operations in the 1990s, withlimited success. Chapter 8, "Development of Criteria for Peace Operations," looks atthe limitations inherent in UN leadership of such operations, citing the UN failures inSomalia and Bosnia. The success of NATO as the leadership element in Kosovo in 1998was significant and may foreshadow a new era for the role of regional organizations(discussed in chapter 9) under Chapter VIII of the UN Charter.Part V concerns itself with special areas of legal concern that warrant considerationwith regard to legal justification for military response to international coercion. Thispart, "Challenges for the Twenty-first Century," addresses the right of states to respondto threats to, and attacks on, critical infrastructure. Chapter 10 examines what rights, if any, in self-defense are triggered by attacks on infrastructure systems critical to our nationalpolitical and economic integrity. Chapter 11," "concerning computer network attack, takes this one step farther and examines the authority that international lawprovides to nations wishing to protect these systems aggressively, through preemptivedefense. Chapter 11 carefully analyzes the right to target computer networks of nationsthat have expressed "clear indicators of attack." Finally, recommendations are offered toenhance the ability of the international legal system to support and embrace, stronglyand legally, computer-generated data-warfare responses to such aggression. This Newport Paper examines representative instances where force has recently beenused in international relations, the circumstances under which it was used, the instructiveinternational policy and legal constructs that can be applied, and the relationshipof these policies to the minimum world order system established in Articles 2(4) and51 of the United Nations Charter. That system, defined more fully in the pages that follow, provides a complementary structure that prohibits and counters the unlawful, aggressiveuse of force, on the one hand, and permits national and collective self-defense, on the other, in a manner designed to meet both the traditional threats representedduring the Cold War and the nontraditional threats we have seen recently and can expectin the future.