Routledge Research in Terrorism and the Law – serie
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35 produkter
35 produkter
National Security, Personal Privacy and the Law
Surveying Electronic Surveillance and Data Acquisition
Inbunden, Engelska, 2019
1 969 kr
Skickas inom 10-15 vardagar
There have been significant changes in public attitudes towards surveillance in the last few years as a consequence of the Snowden disclosures and the Cambridge Analytica scandal. This book re-evaluates competing arguments between national security and personal privacy. The increased assimilation between the investigatory powers of the intelligence services and the police and revelations of unauthorised surveillance have resulted in increased demands for transparency in information gathering and for greater control of personal data. Recent legal reforms have attempted to limit the risks to freedom of association and expression associated with electronic surveillance. This book looks at the background to recent reforms and explains how courts and the legislature are attempting to effect a balance between security and personal liberty within a social contract. It asks what drives public concern when other aspects seem to be less contentious. In view of our apparent willingness to post on social media and engage in online commerce, it considers if we are truly consenting to a loss of privacy and how this reconciles with concerns about state surveillance.
Domestic Counter-Terrorism in a Global World
Post-9/11 Institutional Structures and Cultures in Canada and the United Kingdom
Häftad, Engelska, 2019
602 kr
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Although both Canada and the United Kingdom had experienced terrorism prior to the attacks of 9/11 and already had in place extensive provisions to deal with terrorism, the events of that day led to the enactment of new and expansive counter-terrorism legislation being enacted in both jurisdictions. This book explores these changes to counter-terrorism laws and policies in the UK and Canada in order to demonstrate that despite the force of international legal instruments, including the heavily scrutinized UN Security Council Resolution 1373, the evolution of counter-terrorism policies in different jurisdictions is best analyzed and understood as a product of local institutional structures and cultures.The book compares legal and political structures and cultures within Canada and the United Kingdom. It analyses variations in the evolution post-9/11 counter-terrorism measures in the two jurisdictions and explores the domestic reasons for them. While focus is primarily geared towards security certificates and bail with recognizance/investigative hearings in Canada, and detention without trial, control orders and TPIMs in the UK, the use of secret evidence in the wider national security context (terrorist listing, civil litigation, criminal prosecutions, etc.) is also discussed. The book reveals how domestic structures and cultures, including the legal system, the relative stability of government, local human rights culture, and geopolitical relationships all influence how counter-terrorism measures evolve. In this sense, the book utilizes a methodology that is both comparative and interdisciplinary by engaging in legal, political, historical and cultural analyses. This book will be particularly useful for target audiences in the fields of comparative law and criminal justice, counter-terrorism law, human rights law, and international relations and politics.
Preventing Terrorist Attacks at Sea
Maritime Terrorism Risk and International Law
Inbunden, Engelska, 2022
1 779 kr
Skickas inom 10-15 vardagar
Over recent decades, it has been widely recognised that terrorist attacks at sea could result in major casualties and cause significant disruptions to the free flow of international shipping. After discussing the overlaps and distinctions between piracy and maritime terrorism, this book considers how the International Ship and Port Facility Security Code, and other vessel identification and tracking measures in the 1974 International Convention for the Safety of Life at Sea, would be likely to reduce the risk of terrorist attacks at sea. It explains how the 1982 United Nations Convention on the Law of the Sea is less than clear on the powers of states to protect offshore installations, submarine cables and pipelines from interference by terrorists. In light of these uncertainties, it considers how the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against Maritime Navigation, the doctrine of necessity and states’ inherent self-defence rights might apply in the maritime security context. A significant contribution of the book is the formulation of the Maritime Terrorism Threat Matrix, which provides a structured framework for examining how maritime terrorism incidents have occurred, and might occur in the future. The book also examines the relevant national maritime security legislation for preventing maritime terrorist attacks in the United Kingdom and in Australia. The book concludes by formulating guidelines for the unilateral interdiction of suspected terrorist vessels in exceptional circumstances, and recommending priorities for governments and international maritime industries to focus on in order to reduce the risk for terrorist attacks at sea.It will be of interest to those working in the areas of Law and Terrorism, Law of the Sea, Maritime Law and Insurance and International Law.
Human Rights Law and Counter Terrorism Strategies
Dead, Detained or Stateless
Inbunden, Engelska, 2022
1 969 kr
Skickas inom 10-15 vardagar
In 2006, the United Nations urged Member States to ensure that counter terrorism policies guaranteed respect for human rights and the rule of law. This book demonstrates that, in many cases, counter terrorism policies relating to preventive detention, targeted killing and measures relating to returning foreign terrorist fighters have failed to respect human rights, and this encourages vulnerable people to be drawn towards supporting or committing acts of terrorism. Furthermore, in recent years, jurisprudence and public opinion in some countries have shifted from being at one stage more protective of human rights, to an acquiescence that some particularly draconian counter terrorism methods are necessary and acceptable. This book analyzes why this has happened, with a focus on the United States, United Kingdom, and Israel, and offers suggestions to address this issue. The work will be essential reading for students, academics and policy-makers working in the areas of human rights, humanitarian law, and counter terrorism.
576 kr
Skickas inom 10-15 vardagar
In 2006, the United Nations urged Member States to ensure that counter terrorism policies guaranteed respect for human rights and the rule of law. This book demonstrates that, in many cases, counter terrorism policies relating to preventive detention, targeted killing and measures relating to returning foreign terrorist fighters have failed to respect human rights, and this encourages vulnerable people to be drawn towards supporting or committing acts of terrorism. Furthermore, in recent years, jurisprudence and public opinion in some countries have shifted from being at one stage more protective of human rights, to an acquiescence that some particularly draconian counter terrorism methods are necessary and acceptable. This book analyzes why this has happened, with a focus on the United States, United Kingdom, and Israel, and offers suggestions to address this issue. The work will be essential reading for students, academics and policy-makers working in the areas of human rights, humanitarian law, and counter terrorism.
Digital Privacy, Terrorism and Law Enforcement
The UK's Response to Terrorist Communication
Häftad, Engelska, 2020
576 kr
Skickas inom 10-15 vardagar
This book examines the UK’s response to terrorist communication. Its principle question asks, has individual privacy and collective security been successfully managed and balanced? The author begins by assessing several technologically-based problems facing British law enforcement agencies, including use of the Internet; the existence of ‘darknet’; untraceable Internet telephone calls and messages; smart encrypted device direct messaging applications; and commercially available encryption software. These problems are then related to the traceability and typecasting of potential terrorists, showing that law enforcement agencies are searching for needles in the ever-expanding haystacks. To this end, the book examines the bulk powers of digital surveillance introduced by the Investigatory Powers Act 2016. The book then moves on to assess whether these new powers and the new legislative safeguards introduced are compatible with international human rights standards.The author creates a ‘digital rights criterion’ from which to challenge the bulk surveillance powers against human rights norms. Lord Carlile of Berriew CBE QC in recommending this book notes this particular legal advancement, commenting that rightly so the author concludes the UK has fairly balanced individual privacy with collective security.The book further analyses the potential impact on intelligence exchange between the EU and the UK, following Brexit. Using the US as a case study, the book shows that UK laws must remain within the ambit of EU law and the Court of Justice of the European Union's (CJEU's) jurisprudence, to maintain the effectiveness of the exchange. It addresses the topics with regard to terrorism and counterterrorism methods and will be of interest to researchers, academics, professionals, and students researching counterterrorism and digital electronic communications, international human rights, data protection, and international intelligence exchange.
323 kr
Skickas inom 10-15 vardagar
Jessie Blackbourn is a research fellow at the Centre for Socio-Legal Studies at the University of Oxford, UK.Deniz Kayis is currently the Associate for Chief Justice Allsop AO of the Federal Court of Australia.Nicola McGarrity is a senior lecturer and the Director of the Terrorism Law Reform Project at the University of New South Wales, Australia.
2 033 kr
Skickas inom 10-15 vardagar
This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush administration during the so-called "War on Terrorism" and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extra-judicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements which have plagued Britain and Russia. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism. This book demonstrates why current counter-terrorism practices and policies should be rejected, and new policies adopted that are compatible with international law. Written for students of law, academics and policy-makers, the volume demonstrates the dangers that breaking international law carries in the "War on Terrorism".
Homeland Security, its Law and its State
A Design of Power for the 21st Century
Inbunden, Engelska, 2014
2 033 kr
Skickas inom 10-15 vardagar
This book assesses the impact of post-9/11 domestic counterterrorism policy on US political life. It examines political discourse, law, institutional architecture, and state-population relations, and shows that ‘homeland security’ is a project with wide-ranging implications for democratic institutions and culture. These implications are addressed through a novel approach that treats law and the state as social relations, and relates developments in law to those in the state and in social dynamics. On this basis, the book examines the new political representations in counterterrorism discourse, especially regarding the relation between the state and the population. It examines the form and content of counterterrorism law, the powers it provides, and the structure and functions it prescribes for the state. By focusing on the new Department of Homeland Security and the restructuring of the intelligence apparatus, the book assesses the new, intelligence-led, policing model. Finally, it examines forms of popular support and resistance to homeland security, to discuss citizenship and state-population relations. The author concludes that homeland security has turned the US into a hybrid polity; the legal and political institutions of democracy remain intact, but their content and practices become authoritarian and exclude the population from politics. These legal and political forms remain operative beyond counterterrorism, in the context of the present economic crisis. They are a permanent configuration of power. This book is an indispensable companion for students of (counter-) Terrorism and Security Studies, Politics, Human Rights, Constitutional and Criminal Law, American Studies, and Criminology.
Counter-terrorism and the Detention of Suspected Terrorists
Preventive Detention and International Human Rights Law
Inbunden, Engelska, 2011
2 033 kr
Skickas inom 10-15 vardagar
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.
2 033 kr
Skickas inom 10-15 vardagar
This book considers the increasing trend towards a ‘culture of control’ in democratic countries. The post-9/11 counter-terrorism laws in nations such as the USA, the UK, Canada and Australia provide a stark demonstration of this trend. These laws share a focus on the pre-emption of crime, restrictions on the right to liberty of non-suspects, limited public access to information, and increased community surveillance. The laws derogate, in many respects, from the ordinary principles of the criminal justice system and fundamental human rights while also harnessing public institutions in the broader project of prevention and control.Distinctively, the contributors to this volume focus on the impact of these laws outside of the counter-terrorism context. The book draws together a range of experts in both public and criminal law, from Australia and overseas, to examine the effect of counter-terrorism laws on public institutions within democracies more broadly. Issues considered include changes to the role and functions of the courts, the expansion of executive discretion, the seepage of extraordinary powers and pre-emptive measures into other areas of the criminal law, and the interaction and overlap between intelligence and law enforcement agencies. Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 will be of interest to students and scholars of criminal law, criminology, comparative criminal justice, terrorism and national security, public law, human rights, governance and public policy.
754 kr
Skickas inom 10-15 vardagar
This book considers the increasing trend towards a ‘culture of control’ in democratic countries. The post-9/11 counter-terrorism laws in nations such as the USA, the UK, Canada and Australia provide a stark demonstration of this trend. These laws share a focus on the pre-emption of crime, restrictions on the right to liberty of non-suspects, limited public access to information, and increased community surveillance. The laws derogate, in many respects, from the ordinary principles of the criminal justice system and fundamental human rights while also harnessing public institutions in the broader project of prevention and control.Distinctively, the contributors to this volume focus on the impact of these laws outside of the counter-terrorism context. The book draws together a range of experts in both public and criminal law, from Australia and overseas, to examine the effect of counter-terrorism laws on public institutions within democracies more broadly. Issues considered include changes to the role and functions of the courts, the expansion of executive discretion, the seepage of extraordinary powers and pre-emptive measures into other areas of the criminal law, and the interaction and overlap between intelligence and law enforcement agencies. Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 will be of interest to students and scholars of criminal law, criminology, comparative criminal justice, terrorism and national security, public law, human rights, governance and public policy.
2 033 kr
Skickas inom 10-15 vardagar
The Northern Ireland peace process has been heralded by those involved as a successful example of transformation from a violent conflict to a peaceful society. This book examines the implementation of the Belfast Agreement in Northern Ireland, and evaluates whether its goal to establish a normal, peaceful society has been fully realised.Using the political and legal status of England, Scotland and Wales as a comparison, Jessie Blackbourn evaluates eight aspects of Northern Ireland which the Agreement aimed to normalise: the contested constitutional status of Northern Ireland, the devolution of power, decommissioning, the removal of emergency laws, demilitarisation, police reform, criminal justice reform, and paramilitary prisoners. The book highlights the historical context which gave rise to the need for a programme of normalisation within the Belfast Agreement with respect to these areas and assesses the extent to which that programme of normalisation has been successfully implemented.By evaluating the implementation of the Belfast Agreement, the book demonstrates the difficulties that transitional or post-conflict states face in attempting to wind back extraordinary counter-terrorism policies after periods of violence have been brought to an end. The book will be of great use to students and researchers concerned with the emergence, evolution and repeal of anti-terrorism laws, and anyone interested in the history of the conflict and peace process in Northern Ireland.
2 209 kr
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In the name of fighting terrorism, countries have been invaded; wars have been waged; people have been detained, rendered and tortured; and campaigns for "hearts and minds" have been unleashed. Human rights analyses of the counter-terrorism measures implemented in the aftermath of 11 September 2001 have assumed that men suffer the most—both numerically and in terms of the nature of rights violations endured. This assumption has obscured the ways that women, men, and sexual minorities experience counter-terrorism. By integrating gender into a human rights analysis of counter-terrorism—and human rights into a gendered analysis of counter-terrorism—this volume aims to reverse this trend. Through this variegated human rights lens, the authors in this volume identify the spectrum and nature of rights violations arising in the context of gendered counter-terrorism and national security practices. Introduced with a foreword by Martin Scheinin, former UN Special Rapporteur on Human Rights and Counter-Terrorism, the volume examines a wide range of gendered impacts of counter-terrorism measures that have not been theorized in the leading texts on terrorism, counter-terrorism, national security, and human rights.Gender, National Security and Counter-Terrorism will be of particular interest to scholars and students in the disciplines of Law, Security Studies and Gender Studies.
754 kr
Skickas inom 10-15 vardagar
This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush administration during the so-called "war on terrorism" and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extra-judicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements which have plagued Britain and Russia. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism. This book demonstrates why current counter-terrorism practices and policies should be rejected, and new policies adopted that are compatible with international law. Written for students of law, academics and policy-makers, the volume demonstrates the dangers that breaking international law carries in the "war on terrorism".
2 159 kr
Skickas inom 10-15 vardagar
The decade after 11 September 2001 saw the enactment of counter-terrorism laws around the world. These laws challenged assumptions about public institutions, human rights and constitutional law. Those challenges are particularly apparent in the context of the increased surveillance powers granted to many law enforcement and intelligence agencies.This book brings together leading legal scholars in the field of counter-terrorism and constitutional law, and focuses their attention on the issue of surveillance. The breadth of topics covered in this collection include: the growth and diversification of mechanisms of mass surveillance, the challenges that technological developments pose for constitutionalism, new actors in the surveillance state (such as local communities and private organisations), the use of surveillance material as evidence in court, and the effectiveness of constitutional and other forms of review of surveillance powers.The book brings a strong legal focus to the debate surrounding surveillance and counter-terrorism, and draws important conclusions about the constitutional implications of the expansion of surveillance powers after 9/11.
Counter-terrorism and the Detention of Suspected Terrorists
Preventive Detention and International Human Rights Law
Häftad, Engelska, 2013
754 kr
Skickas inom 10-15 vardagar
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.
Digital Privacy, Terrorism and Law Enforcement
The UK's Response to Terrorist Communication
Inbunden, Engelska, 2018
1 969 kr
Skickas inom 10-15 vardagar
This book examines the UK’s response to terrorist communication. Its principle question asks, has individual privacy and collective security been successfully managed and balanced? The author begins by assessing several technologically-based problems facing British law enforcement agencies, including use of the Internet; the existence of ‘darknet’; untraceable Internet telephone calls and messages; smart encrypted device direct messaging applications; and commercially available encryption software. These problems are then related to the traceability and typecasting of potential terrorists, showing that law enforcement agencies are searching for needles in the ever-expanding haystacks. To this end, the book examines the bulk powers of digital surveillance introduced by the Investigatory Powers Act 2016. The book then moves on to assess whether these new powers and the new legislative safeguards introduced are compatible with international human rights standards.The author creates a ‘digital rights criterion’ from which to challenge the bulk surveillance powers against human rights norms. Lord Carlile of Berriew CBE QC in recommending this book notes this particular legal advancement, commenting that rightly so the author concludes the UK has fairly balanced individual privacy with collective security.The book further analyses the potential impact on intelligence exchange between the EU and the UK, following Brexit. Using the US as a case study, the book shows that UK laws must remain within the ambit of EU law and the Court of Justice of the European Union's (CJEU's) jurisprudence, to maintain the effectiveness of the exchange. It addresses the topics with regard to terrorism and counterterrorism methods and will be of interest to researchers, academics, professionals, and students researching counterterrorism and digital electronic communications, international human rights, data protection, and international intelligence exchange.
National Security, Personal Privacy and the Law
Surveying Electronic Surveillance and Data Acquisition
Häftad, Engelska, 2021
576 kr
Skickas inom 10-15 vardagar
There have been significant changes in public attitudes towards surveillance in the last few years as a consequence of the Snowden disclosures and the Cambridge Analytica scandal. This book re-evaluates competing arguments between national security and personal privacy. The increased assimilation between the investigatory powers of the intelligence services and the police and revelations of unauthorised surveillance have resulted in increased demands for transparency in information gathering and for greater control of personal data. Recent legal reforms have attempted to limit the risks to freedom of association and expression associated with electronic surveillance. This book looks at the background to recent reforms and explains how courts and the legislature are attempting to effect a balance between security and personal liberty within a social contract. It asks what drives public concern when other aspects seem to be less contentious. In view of our apparent willingness to post on social media and engage in online commerce, it considers if we are truly consenting to a loss of privacy and how this reconciles with concerns about state surveillance.
Tackling Terrorism in Britain
Threats, Responses, and Challenges Twenty Years After 9/11
Häftad, Engelska, 2021
640 kr
Skickas inom 10-15 vardagar
In September 2001, the world witnessed the horrific events of 9/11. A great deal has happened on the counterterrorist front in the 20 years since. While the terrorist threat has greatly diminished in Northern Ireland, the events of 9/11 and their aftermath have ushered in a new phase for the rest of the UK with some familiar, but also many novel, characteristics.This ambitious study takes stock of counterterrorism in Britain in this anniversary year. Assessing current challenges, and closely mirroring the ‘four Ps’ of the official CONTEST counterterrorist strategy – Protect, Prepare, Prevent, and Pursue – it seeks to summarize and grasp the essence of domestic law and policy, without being burdened by excessive technical detail. It also provides a rigorous, context-aware, illuminating, yet concise, accessible, and policy-relevant analysis of this important and controversial subject, grounded in relevant social science, policy studies, and legal scholarship.This book will be an important resource for students and scholars in law and social science, as well as human rights, terrorism, counterterrorism, security, and conflict studies.
Tackling Terrorism in Britain
Threats, Responses, and Challenges Twenty Years After 9/11
Inbunden, Engelska, 2021
2 141 kr
Skickas inom 10-15 vardagar
In September 2001, the world witnessed the horrific events of 9/11. A great deal has happened on the counterterrorist front in the 20 years since. While the terrorist threat has greatly diminished in Northern Ireland, the events of 9/11 and their aftermath have ushered in a new phase for the rest of the UK with some familiar, but also many novel, characteristics.This ambitious study takes stock of counterterrorism in Britain in this anniversary year. Assessing current challenges, and closely mirroring the ‘four Ps’ of the official CONTEST counterterrorist strategy – Protect, Prepare, Prevent, and Pursue – it seeks to summarize and grasp the essence of domestic law and policy, without being burdened by excessive technical detail. It also provides a rigorous, context-aware, illuminating, yet concise, accessible, and policy-relevant analysis of this important and controversial subject, grounded in relevant social science, policy studies, and legal scholarship.This book will be an important resource for students and scholars in law and social science, as well as human rights, terrorism, counterterrorism, security, and conflict studies.
Preventing Terrorist Attacks at Sea
Maritime Terrorism Risk and International Law
Häftad, Engelska, 2024
538 kr
Skickas inom 10-15 vardagar
Over recent decades, it has been widely recognised that terrorist attacks at sea could result in major casualties and cause significant disruptions to the free flow of international shipping. After discussing the overlaps and distinctions between piracy and maritime terrorism, this book considers how the International Ship and Port Facility Security Code, and other vessel identification and tracking measures in the 1974 International Convention for the Safety of Life at Sea, would be likely to reduce the risk of terrorist attacks at sea. It explains how the 1982 United Nations Convention on the Law of the Sea is less than clear on the powers of states to protect offshore installations, submarine cables and pipelines from interference by terrorists. In light of these uncertainties, it considers how the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against Maritime Navigation, the doctrine of necessity and states’ inherent self-defence rights might apply in the maritime security context. A significant contribution of the book is the formulation of the Maritime Terrorism Threat Matrix, which provides a structured framework for examining how maritime terrorism incidents have occurred, and might occur in the future. The book also examines the relevant national maritime security legislation for preventing maritime terrorist attacks in the United Kingdom and in Australia. The book concludes by formulating guidelines for the unilateral interdiction of suspected terrorist vessels in exceptional circumstances, and recommending priorities for governments and international maritime industries to focus on in order to reduce the risk for terrorist attacks at sea.It will be of interest to those working in the areas of Law and Terrorism, Law of the Sea, Maritime Law and Insurance and International Law.
Preventing the Maritime Facilitation of Terrorism
Maritime Terrorism Risk and International Law
Inbunden, Engelska, 2022
1 969 kr
Skickas inom 10-15 vardagar
In the aftermath of the 9/11 attacks, concerns that terrorists might utilise vessels to transport weaponry, terrorist operatives and/or to finance their activities prompted several international legal developments. This book evaluates the extent to which the international maritime security measures developed following the 9/11 attacks would be likely to prevent the utilisation of vessels to facilitate terrorist activities. It considers the likely effectiveness of the International Ship and Port Facility Security Code for improving vessel and port security, and the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against Maritime Navigation in facilitating the interdiction of suspected terrorist vessels. It also explains how the US-led Proliferation Security Initiative - a cooperative effort through which participant governments agree to prevent the illicit transfers of Weapons of Mass Destruction and related materials – has provoked debate about the legality of vessel interdictions under the United Nations Convention on the Law of the Sea (the LOSC). After exploring alternative interpretations of the LOSC, and states’ self-defence rights under Article 51 of the Charter of the United Nations, it formulates suggested guidelines for the unilateral interdiction of suspected terrorist support vessels in exceptional circumstances. The book also discusses the relevant recommendations by the OECD’s Financial Action Taskforce for preventing the financing of terrorism, and the national maritime security legislation for preventing the maritime facilitation of terrorist activities in the United Kingdom and in Australia. The book concludes by emphasising the importance of the continual active implementation of ship, port facility and supply chain security measures, and of further enhancing international cooperation to facilitate vessel interdictions.It will be of interest to those working in the areas of Law and Terrorism, Law of the Sea, Maritime Law and Insurance and International Law.
Preventing the Maritime Facilitation of Terrorism
Maritime Terrorism Risk and International Law
Häftad, Engelska, 2024
538 kr
Skickas inom 10-15 vardagar
In the aftermath of the 9/11 attacks, concerns that terrorists might utilise vessels to transport weaponry, terrorist operatives and/or to finance their activities prompted several international legal developments. This book evaluates the extent to which the international maritime security measures developed following the 9/11 attacks would be likely to prevent the utilisation of vessels to facilitate terrorist activities. It considers the likely effectiveness of the International Ship and Port Facility Security Code for improving vessel and port security, and the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against Maritime Navigation in facilitating the interdiction of suspected terrorist vessels. It also explains how the US-led Proliferation Security Initiative - a cooperative effort through which participant governments agree to prevent the illicit transfers of Weapons of Mass Destruction and related materials – has provoked debate about the legality of vessel interdictions under the United Nations Convention on the Law of the Sea (the LOSC). After exploring alternative interpretations of the LOSC, and states’ self-defence rights under Article 51 of the Charter of the United Nations, it formulates suggested guidelines for the unilateral interdiction of suspected terrorist support vessels in exceptional circumstances. The book also discusses the relevant recommendations by the OECD’s Financial Action Taskforce for preventing the financing of terrorism, and the national maritime security legislation for preventing the maritime facilitation of terrorist activities in the United Kingdom and in Australia. The book concludes by emphasising the importance of the continual active implementation of ship, port facility and supply chain security measures, and of further enhancing international cooperation to facilitate vessel interdictions.It will be of interest to those working in the areas of Law and Terrorism, Law of the Sea, Maritime Law and Insurance and International Law.
766 kr
Skickas inom 10-15 vardagar
Jessie Blackbourn is a research fellow at the Centre for Socio-Legal Studies at the University of Oxford, UK.Deniz Kayis is currently the Associate for Chief Justice Allsop AO of the Federal Court of Australia.Nicola McGarrity is a senior lecturer and the Director of the Terrorism Law Reform Project at the University of New South Wales, Australia.
652 kr
Skickas inom 10-15 vardagar
The decade after 11 September 2001 saw the enactment of counter-terrorism laws around the world. These laws challenged assumptions about public institutions, human rights and constitutional law. Those challenges are particularly apparent in the context of the increased surveillance powers granted to many law enforcement and intelligence agencies.This book brings together leading legal scholars in the field of counter-terrorism and constitutional law, and focuses their attention on the issue of surveillance. The breadth of topics covered in this collection include: the growth and diversification of mechanisms of mass surveillance, the challenges that technological developments pose for constitutionalism, new actors in the surveillance state (such as local communities and private organisations), the use of surveillance material as evidence in court, and the effectiveness of constitutional and other forms of review of surveillance powers.The book brings a strong legal focus to the debate surrounding surveillance and counter-terrorism, and draws important conclusions about the constitutional implications of the expansion of surveillance powers after 9/11.
678 kr
Skickas inom 10-15 vardagar
Counter-terrorism law and policy has been prominent and widespread in the years following 9/11, touching on many areas of everyday life from policing and border control to financial transactions and internet governance. The European Union is a major actor in contemporary counter-terrorism, including through its development of counter-terrorism laws for application within the Union. This book undertakes a multi-disciplinary and empirically informed analysis of the impact, legitimacy and effectiveness of EU counter-terrorism.Taking into account legal, societal, operational and democratic perspectives, this collection connects theoretical and practical perspectives to produce an interdisciplinary and multi-stakeholder study of how we might measure and understand the impact, legitimacy and effectiveness of EU counter-terrorism. Bringing together a select group of experts in the field, particular emphasis is placed on understanding the practical experience of implementing and assessing these measures gathered from and with end users, including law-makers, policy-makers, security services, industry partners and civil society.This edited collection will be of great relevance to scholars and policy makers with an interest in counter-terrorism law, EU law and security studies.
1 969 kr
Skickas inom 10-15 vardagar
This book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush administration during the so-called "war on terrorism" and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extra-judicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements which have plagued Britain and Russia. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism. This book demonstrates why current counter-terrorism practices and policies should be rejected, and new policies adopted that are compatible with international law. Written for students of law, academics and policy-makers, the volume demonstrates the dangers that breaking international law carries in the "war on terrorism".
627 kr
Skickas inom 10-15 vardagar
The Northern Ireland peace process has been heralded by those involved as a successful example of transformation from a violent conflict to a peaceful society. This book examines the implementation of the Belfast Agreement in Northern Ireland, and evaluates whether its goal to establish a normal, peaceful society has been fully realised.Using the political and legal status of England, Scotland and Wales as a comparison, Jessie Blackbourn evaluates eight aspects of Northern Ireland which the Agreement aimed to normalise: the contested constitutional status of Northern Ireland, the devolution of power, decommissioning, the removal of emergency laws, demilitarisation, police reform, criminal justice reform, and paramilitary prisoners. The book highlights the historical context which gave rise to the need for a programme of normalisation within the Belfast Agreement with respect to these areas and assesses the extent to which that programme of normalisation has been successfully implemented.By evaluating the implementation of the Belfast Agreement, the book demonstrates the difficulties that transitional or post-conflict states face in attempting to wind back extraordinary counter-terrorism policies after periods of violence have been brought to an end. The book will be of great use to students and researchers concerned with the emergence, evolution and repeal of anti-terrorism laws, and anyone interested in the history of the conflict and peace process in Northern Ireland.
627 kr
Skickas inom 10-15 vardagar
Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm.This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.