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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Terrorism and the State: Rethinking the Rules of State Responsibility

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ISBN13: 9781841136271
ISBN: 1841136271
Published: March 2006
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £34.00

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The alarming rise in international terrorist activity since the attacks of September 11th has generated intense debate about the principles by which State responsibility for private acts of terrorism is determined in international law. This book analyses the legal principles that govern State responsibility for the conduct of non-State actors and examines their relevance and effectiveness in an increasingly interconnected world.

The book argues that traditional approaches to determining the State's legal responsibility for violations of these counter-terrorism obligations lack conceptual coherence, fail to enhance State accountability for protecting civilians from private violence and are poorly suited to coping with today's terrorist threat. Drawing on a wide array of precedents and legal sources, the study offers a novel approach to regulating State responsibility for private violence that is grounded in principles of causation.

The book argues that causation-based State responsibility for terrorism can be reconciled with the International Law Commission's Draft Articles on State Responsibility and offers a conceptual and legal framework that is better equipped to deal with the subtle interactions between State and non-State actors that make contemporary terrorism possible.

Series: Hart Monographs in Transnational and International Law

Control Beyond the State: Transnational Counter-Terrorism Law ISBN 9781849465595
To be published June 2017
Hart Publishing
Transconstitutionalism ISBN 9781849464185
Published May 2013
Hart Publishing
Transconstitutionalism (eBook) ISBN 9781782251255
Published May 2013
Hart Publishing
£41.66 + £8.33 VAT
£22.49 + £4.50 VAT
The Payment Order of Antiquity and the Middle Ages: A Legal History ISBN 9781849460521
Published November 2011
Hart Publishing
The Payment Order of Antiquity and the Middle Ages: A Legal History (eBook) ISBN 9781847318664
Published November 2011
Hart Publishing
£91.66 + £18.33 VAT
The Institutional Veil in Public International Law ISBN 9781841136349
Published September 2007
Hart Publishing