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The Law of Consular Access
Over the past decade, there has been an explosion of litigation at the international and domestic levels concerning consular access for foreign nationals charged with a criminal offence. The issue has complicated relations between countries, with the majority of litigation involving the United States, which has adopted a restrictive view of the consular access obligation. This book brings together for the first time relevant documentary sources on the law of consular access. The book includes significant excerpts alongside commentary on the documents, allowing readers to draw their own conclusions. While presenting information on the Vienna Convention on Consular Relations, the book presents other sources, including bilateral consular agreements, multilateral treaties, and key court cases from various jurisdictions. Many of these sources are not readily accessible. The Law of Consular Access will be of interest to scholars of international law, human rights, and international relations. It will also be of interest to private and government lawyers, as well as diplomats and consuls.
The Anatomy of Torture: A Documentary History of Filartiga v. Pena-Irala
In recent years, victims of human rights abuses have filed civil lawsuits in U.S. courts. This litigation provides victims a voice and promotes accountability for violations of international law. This is the story of Filartiga v. Pena-Irala, one of the most significant examples of human rights litigation in the U.S., presented as a documentary history – an approach to legal scholarship that has become increasingly popular in recent years. Unlike traditional casebooks, this book emphasizes the dynamic nature of law. The pleadings and documents appear with minimal editing and are supplemented through commentary by various litigation participants. Published under the Transnational Publishers imprint.
The United States, International Law and the Struggle against Terrorism
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".
Human Rights and Refugees, Internally Displaced Persons and Migrant Workers
Examines the major issues in the field today: the theoretical challenges of international protection; lessons learned from the field including Afghanistan, Iraq and Sudan; jurisprudential responses from courts; due process issues from Europe, Canada and the United States, and the special needs of migrant workers.
Counterterrorism and Investigative Detention
Counterterrorism and Investigative Detention explores the practice of investigative detention of terrorist suspects in the legal systems of the United States, the United Kingdom, and France. In addition to illuminating the characteristics, capabilities, and limitations of various investigative detention regimes, this book examines ways in which international law and national security imperatives have served as vectors for change and convergence in these otherwise divergent legal systems.
Cyber-Attacks and the Exploitable Imperfections of International Law
At its current rate, technological development has outpaced corresponding changes in international law. Proposals to remedy this deficiency have been made, in part, by members of the Shanghai Cooperation Organization (led by the Russian Federation), but the United States and select allies have rejected these proposals, arguing that existing international law already provides a suitable comprehensive framework necessary to tackle cyber-warfare. Cyber-Attacks and the Exploitable Imperfections of International Law does not contest (and, in fact, supports) the idea that contemporary jus ad bellum and jus in bello, in general, can accommodate cyber-warfare. However, this analysis argues that existing international law contains significant imperfections that can be exploited; gaps, not yet filled, that fail to address future risks posed by cyber-attacks.
Innocent Until Proven Muslim
On September 11, 2001, nineteen terrorists hijacked four airplanes and carried out attacks on the United States, killing more than three thousand Americans and sending the country reeling. Three days after the attacks, President George W. Bush declared, "This is a day when all Americans from every walk of life unite in our resolve for justice and peace." Yet in the days following, Bush declared a "War on Terror," which would result in years of Muslims being targeted on the basis of collective punishment and scapegoating. In 2009, President Barack Obama said, "America must play its role in ushering in a new era of peace." Instead, Obama perpetuated the War on Terror's infrastructure that Bush...
