The terrorist attacks of September 11, 2001, and the ensuing 'war on terror' have focused attention on issues that have previously lurked in a dark corner at the edge of the legal universe. This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions, bringing together insights gleaned from the Roman republic and Jewish law through to the initial responses to the July 2005 attacks in London. Three models of emergency powers are used to offer a conceptualization of emergency regimes, giving a coherent insight into law's interface with and regulation of crisis and a distinctive means to evaluate the legal options open to states for dealing with crises.
• Presents three key conceptual models within which emergency powers can be classified and understood, which allows for a complex and diverse legal field to be more readily understood by lawyers and non-lawyers alike • Provides a combination of both domestic and international law analysis concerning emergency powers, making it of great usefulness to academics, policy makers and teachers • Examines highly contentious legal and policy issues in a systematic and novel way. By setting out a structured conceptual framework within which these issues can be addressed, readers are given an invaluable tool for evaluating legal and political debates about crisis
Acknowledgements; Table of cases; Table of treaties; Table of legislation; Table of international materials; Introduction; Part I: 1. Models of accommodation; 2. Law for all seasons; 3. Models of extra-legality; 4. Five degrees of separation; Part II: 5. International human rights and emergencies; 6. Emergencies and humanitarian law; 7. Terrorism, emergencies and international responses to contemporary threats; Bibliography; Index.
ASIL Book prize 2007 - Winner
'This book rightfully takes its place as an important and novel addition to discussions regarding law's response to crisis.' The Law and Politics Book Review
'Quite apart from the impressive reach of its theoretical/conceptual scope, and the breadth of ground covered in respect of the substantive law addressed, more generally one cannot fail to be impressed by this work as an exercise in scholarly research. The extensive bibliography alone is testament to that. … There is much to be learned from this work regardless of how familiar or unfamiliar one is with the issues it explores. Whilst it is inevitable that some will take issue with various views expressed in this book, no one with an interest in the field can afford to ignore it.' Journal of Law and Society