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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Counter-Terrorism and International Law

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Edited by: Katja L.H. Samuel, Nigel D. Whit

ISBN13: 9780754629474
Published: February 2012
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £210.00

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The articles and essays in this volume consider the problem of international terrorism from an international legal perspective.

The articles address a range of issues starting with the dilemma of how to reach agreement on what constitutes terrorism and how to encapsulate this in a legitimate definition. The essays move on to examine the varied responses to terrorism by states and international organisations.

These responses range from the suppression conventions of the Cold War, which were directed at criminalising and punishing various manifestations of terrorism, to more coercive, executive-led responses. Finally, the articles consider the role of the Security Council in developing legal regimes to combat terrorism, for example by the use of targeted sanctions, or by general legislative measures.

An evaluation of the contribution of the sum of these measures to the goals of peace and security as embodied in the UN Charter is central to this collection.

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International Criminal Law
Part I History: Countering terrorism: a historical perspective, Adam Roberts.
Part II Defining Terrorism: The multifaceted criminal notion of terrorism in international law, Antonio Cassese
Defining the international public enemy: the political struggle behind the legal debate on international terrorism, Jörg Friedrichs
Definition of 'terrorism' in the UN Security Council: 1985–2004, Ben Saul.
Part III Criminal Justice Approach: Legal control of international terrorism: a policy-oriented assessment, M.Cherif Bassiouni
Terrorism as a catalyst for the emergence, harmonization and reform of criminal law, Kimmo Nuotio
Countering nuclear terrorism: a conventional response, Christopher C. Joyner.
Part IV War on Terror: The legal case against the global war on terror, Mary Ellen O'Connell
Targeted killing of suspected terrorists: extra-judicial executions or legitimate means of defence?, David Kretzmer.
Part V International Institutional Approaches: You are the weakest link and we will help you! The comprehensive strategy of the United Nations to fight terrorism, Noëlle Quenivet
The legislative role of the Security Council in its fight against terrorism: legal, political and practical limits, Luis Miguel Hinojosa Martínez
The UN anti-terror sanctions regime under pressure, Helen Keller and Andreas Fischer.
Part VI State Responses: Security detention, terrorism and the prevention imperative, John P. McLoughlin, Gregory P. Noone and Diana C. Noone
Guantanamo Bay: the legal black hole, Johan Steyn
Terrorism and the non-derogability of non-refoulement, Rene Bruin and Kees Wouters
Extraordinary rendition and the law of war, Ingrid Detter Frankopan.
Part VII Judicial Responses: Decisions of international courts and tribunals: Yassin Abdullah Kadi, Paul James Cardwell, Duncan French and Nigel White
Human rights litigation and the 'war on terror', Helen Duffy
Al Qaeda, terrorism, and military commissions, Ruth Wedgewood
The case against military commissions, Harold Hongju Koh.
Part VIII An Emerging Framework?: The emergence of terrorism as a distinct category of international law, Daniel Moeckli
The UN-led multilateral institutional response to jihadist terrorism: is a global counterterrorism body needed?, Eric Rosand
Name index.

Series: International Law of Peace and Security

The International Law of Peace and Security: 4-Volume Set
Edited by: Nigel D. White
ISBN 9780754629597
Published March 2012
Ashgate Publishing Ltd
Post-Conflict Rebuilding and International Law
Edited by: Ray Murphy
ISBN 9780754629573
Published February 2012
Ashgate Publishing Ltd
Arms Control Law ISBN 9780754629535
Published February 2012
Ashgate Publishing Ltd
The Use of Force in International Law ISBN 9780754629481
Published February 2012
Ashgate Publishing Ltd