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International Co-Operation Human Rights and Counter-Terrorism
International Co-operation, Human Rights and Counter-Terrorism provides a comprehensive analysis of international human rights problems and challenges in contemporary counter-terrorism practice and law. This book identifies the key issues of counter-terrorism practice and policy which have arisen in the last decade, and which have major human rights implications. It examines institutional responses of the United Nations as well as specific practices like the targeted killing, sanctioning or expulsion of terrorist suspects and considers relevant developments before domestic and international courts. With this emerging body of international and domestic case law, it is now possible to consider key aspects of contemporary counter-terrorism law and practice with greater authority. Written in a non-legalistic, interdisciplinary and practical manner, International Co-operation, Human Rights and Counter-Terrorism addresses the emerging trends in international jurisprudence and policy on counter-terrorism with respect to their compatibility with human rights standards. It will be of considerable interests to students, scholars and practitioners in this area.
International Law and the Use of Force
This book is a discussion of key documents that explain the development, current status, and relevance of the international law governing the initiation of military hostilities. International Law and the Use of Force: A Documentary and Reference Guide brings to life a crucial body of law, explaining its historical origins, the core rules and principles of the regime embodied in the Charter of the United Nations, and contentious aspects of that law in the contemporary world. In light of the intensified interest in the question of justified or unjustified use of force, this timely resource introduces and analyzes over 40 documents relating to the legality of the initiation of military hostilities. The volume presents competing assessments of the legality of key uses of force and explains mainstream positions on important issues such as national right to self-defense, anticipatory and preemptive self-defense, terrorism, aggression, and the role of the UN Security Council. The book concludes by assessing whether the international law that seeks to limit the number of wars has in fact made the world a more peaceful place.
Comparative Perspectives on the Theory and Practice of Preventive Detention
Preventive coercive measures are an increasingly common and controversial feature of the legal landscape in many countries. Examples include the preventive detention of 'dangerous' individuals after the expiration of their sentences, the involuntary commitment of 'dangerous' individuals to mental institutions purely to protect the public and the preventive detention of suspected terrorists not charged with any crimes. The practice raises a range of important and inter-related legal, criminological, moral, sociological and forensic-psychiatric questions. For instance, it is generally based on the probability, not the certainty, of future harmful conduct by individuals, making it likely that i...
International Law in the New Age of Globalization
This collection brings together a series of essays which address some of the challenges that globalization poses to the international legal order. The book examines the interaction of globalization and international law through four sub-themes: the adaptation of classical international legal tools to regulate and adjudicate community interests and conflicts in the era of globalization; coordinating dialogues and governance strategies within and between international legal systems and institutions; globalization and the diversification of actors; and the exposure of State sovereignty to private actors and the need to preserve the regulatory powers of States. The volume will be of interest to international law scholars, practitioners and students, as well as to those working in the fields of international relations and globalization.
Coercive Diplomacy, Sanctions and International Law
This volume explores sanctions as instruments of coercive diplomacy, delving into a number of theoretical arguments and combining different perspectives from international law and international relations scholars and practitioners.
Research Handbook on UN Sanctions and International Law
The 1990s have been labeled the ‘Sanctions Decade’, since they witnessed an unprecedented intensification of the use of collective non-military enforcement measures, and in particular sanctions, by the post-Cold War reactivated Security Council. This Research Handbook studies the current practice of UN sanctions in international law, their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.
Allegiance and Identity in a Globalised World
Interrogating the concepts of allegiance and identity in a globalised world involves renewing our understanding of membership and participation within and beyond the nation-state. Allegiance can be used to define a singular national identity and common connection to a nation-state. In a global context, however, we need more dynamic conceptions to understand the importance of maintaining diversity and building allegiance with others outside borders. Understanding how allegiance and identity are being reconfigured today provides valuable insights into important contemporary debates around citizenship. This book reveals how public and international law understand allegiance and identity. Each involves viewing the nation-state as fundamental to concepts of allegiance and identity, but they also see the world slightly differently. With contributions from philosophers, political scientists and social psychologists, the result is a thorough appraisal of allegiance and identity in a range of socio-legal contexts.
The Law and Practice of the United Nations
The Law and Practice of the United Nations examines the law of the United Nations through an analysis of the Organization’s practice from its inception until the present.
Spooked
Terrorist acts, most notably 9/11 and the Bali bombings, transformed our attitudes to the secretive world of intelligence, surveillance and security. In this book a prominent group of writers including Michael Mori, Ben Saul, Anne Aly and Peter Leahy lay bare the facts about spying and security in post-9/11 Australia. Their compelling book cuts through panic and fear-mongering to ask hard questions: Is ASIO unaccountable? Is the money we spend on security worth it? Is cyber-terrorism an urgent threat? Are our spies up to the job, and how do we know anyway as we only hear about their failures? Is WikiLeaks good for human rights? Are we trading our privacy for a false sense of security? Spooked untangles the half-truths, conspiracy theories and controversies about the ‘war on terror’, and is a welcome antidote to misinformation and alarm.
The 9/11 Effect
This book critically and comparatively examines the responses of the United Nations and a range of countries to the terror attacks on September 11, 2001. It assesses the convergence between the responses of Western democracies including the United States, the United Kingdom, Australia and Canada with countries with more experience with terrorism including Egypt, Syria, Israel, Singapore and Indonesia. A number of common themes - the use of criminal law and immigration law, the regulation of speech associated with terrorism, the review of the state's whole of government counter-terrorism activities, and the development of national security policies - are discussed. The book provides a critical take on how the United Nations promoted terrorism financing laws and listing processes and the regulation of speech associated with terrorism but failed to agree on a definition of terrorism or the importance of respecting human rights while combating terrorism.
