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Sovereignty in the Age of Global Terrorism
The Role of International Organisations
Series: - Nijhoff Law Specials, Volume: 91
Author:
Sovereignty in the Age of Global Terrorism: The Role of International Organisations analyses the role of international organisations in adopting counterterrorism measures after 9/11 and the impact of these measures on the sovereignty of their Member States. The book examines the counterterrorism regimes of the UN and four regional organisations (with a special focus on the EU), as well as their implementation by their Member States. It includes the 2008 Kadi case of the European Court of Justice as case study of the conflicts between legal regimes that have competing mandates to fight terrorism. The relevance of the book lies in both comprehending the rationale for international actions against terrorism and the consequences on international law and State sovereignty.
Myriam Feinberg, Ph.D. (2013), University of London, is Postdoctoral Fellow at the Minerva Centre for the Rule of Law under Extreme Conditions at the University of Haifa Faculty of Law and Department of Geography and Environmental Studies. She was previously Postdoctoral Fellow with the ERC-funded Global Trust project at Tel Aviv University and Visiting Lecturer at Kingâs College London. Her research focuses on issues of international organizations, terrorism, and State sovereignty'.
"Feinberg does not disentangle the web of legal complexities thrown up by the multilayered battle against the scourge of international terrorism, nor could she be expected to do so. But scholars, policy makers and interested lay readers will learn much from her coherent presentation of the manner in which states and international organizations have interacted to maximize their joint and separate efforts to combat global terrorism during the critical years examined in this book.â
- Dr. Rachel Frid de Vries, Justice no. 59, 2017, pp. 54-55
- Dr. Rachel Frid de Vries, Justice no. 59, 2017, pp. 54-55
Acknowledgments;
About The Author;
List Of Abbreviations;
Introduction;
1. Context; 2. Why Sovereignty and Which Sovereignty?; 3. International OrganisationsâConflict of Legal Orders; 4. Conflict of Branches; 5. International SecurityâConflict of Norms; 6. Structure and Methodology;
Part 1âThe United Nations Counterterrorism Framework and Its Impact on Sovereignty;
Chapter 1âThe Emergence of an International Counterterrorism Regime ;
1. Non-binding UN Counterterrorism Measures; 2. The Security Councilâs Means of Action;
Chapter 2âTerrorism Obligations from the Security Council;
1. The Definition of Terrorism as a âThreat to International Peace and Securityââ Allocation of Authority; 2. Resolutions 1373 and 2178âA Binding Global Framework;
Chapter 3âCompliance and Enforcement;
1. Pre-September 11, 2001; 2. The Counter-Terrorism Committee; 3. Results and Analysis;
Chapter 4âThe Scope of the Security Councilâs Role;
1. The Legality of the Security Councilâs Actions; 2. The Legitimacy of the Security Councilâs Actions; 3. Do States Care?;
Part 2âThe Role of Regional Organisations in International Counterterrorism
Chapter 5âThe Mandate of Regional Organisations for Terrorism;
1. Relationships with Member States: Distribution of Powers; 2. Relationship with The United NationsâThreats to Peace and Security: A Mandate for Counterterrorism?;
Chapter 6âRegional Counterterrorism Measures;
1. The Organisation of American States; 2. The African Union; 3. The Council of Europe; 4. The European Union;
Chapter 7âCompliance and Implementation;
1. The Organisation of American States; 2. The African Union; 3. The Council of Europe; 4. The European Union;
Chapter 8âThe Role of Regional Courts in Counterterrorism;
1. The Organisation of American States; 2. The Council of Europe; 3. The European Union;
Part 3âTerrorism SanctionsâConflicts of Sovereignty;
Chapter 9âTerrorist SanctionsâA Multilayered System;
1. United Nations Terrorism Sanctions; 2. European Union Sanction Regimes; 3. European Union Member Statesâ National Sanctions Regimes; 4. Human Rights in Sanctions Regimes;
Chapter 10âConflict of SovereigntiesâA Case Law Study;
1. EU Case Law; 2. UK Case Law; 3. ECtHR Case Law;
Chapter 11âThe Impact of Case Law on the United Nations and European Union Sanctions Regimes;
1. European Union Measures; 2. United Nations Measures;
Chapter 12âConflicts;
1. Conflict of Sovereign Legal Orders; 2. Conflict of Branches or Traditional Separation of Powers?;
Conclusions;
Bibliography;
Index.
About The Author;
List Of Abbreviations;
Introduction;
1. Context; 2. Why Sovereignty and Which Sovereignty?; 3. International OrganisationsâConflict of Legal Orders; 4. Conflict of Branches; 5. International SecurityâConflict of Norms; 6. Structure and Methodology;
Part 1âThe United Nations Counterterrorism Framework and Its Impact on Sovereignty;
Chapter 1âThe Emergence of an International Counterterrorism Regime ;
1. Non-binding UN Counterterrorism Measures; 2. The Security Councilâs Means of Action;
Chapter 2âTerrorism Obligations from the Security Council;
1. The Definition of Terrorism as a âThreat to International Peace and Securityââ Allocation of Authority; 2. Resolutions 1373 and 2178âA Binding Global Framework;
Chapter 3âCompliance and Enforcement;
1. Pre-September 11, 2001; 2. The Counter-Terrorism Committee; 3. Results and Analysis;
Chapter 4âThe Scope of the Security Councilâs Role;
1. The Legality of the Security Councilâs Actions; 2. The Legitimacy of the Security Councilâs Actions; 3. Do States Care?;
Part 2âThe Role of Regional Organisations in International Counterterrorism
Chapter 5âThe Mandate of Regional Organisations for Terrorism;
1. Relationships with Member States: Distribution of Powers; 2. Relationship with The United NationsâThreats to Peace and Security: A Mandate for Counterterrorism?;
Chapter 6âRegional Counterterrorism Measures;
1. The Organisation of American States; 2. The African Union; 3. The Council of Europe; 4. The European Union;
Chapter 7âCompliance and Implementation;
1. The Organisation of American States; 2. The African Union; 3. The Council of Europe; 4. The European Union;
Chapter 8âThe Role of Regional Courts in Counterterrorism;
1. The Organisation of American States; 2. The Council of Europe; 3. The European Union;
Part 3âTerrorism SanctionsâConflicts of Sovereignty;
Chapter 9âTerrorist SanctionsâA Multilayered System;
1. United Nations Terrorism Sanctions; 2. European Union Sanction Regimes; 3. European Union Member Statesâ National Sanctions Regimes; 4. Human Rights in Sanctions Regimes;
Chapter 10âConflict of SovereigntiesâA Case Law Study;
1. EU Case Law; 2. UK Case Law; 3. ECtHR Case Law;
Chapter 11âThe Impact of Case Law on the United Nations and European Union Sanctions Regimes;
1. European Union Measures; 2. United Nations Measures;
Chapter 12âConflicts;
1. Conflict of Sovereign Legal Orders; 2. Conflict of Branches or Traditional Separation of Powers?;
Conclusions;
Bibliography;
Index.
Scholars, lawyers, government and intergovernmental officials, interested in a legal analysis of international counterterrorism after September 11, 2001 and the consequences on sovereignty and national actions against terrorism.