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Counter-Terrorism Strategies in a Fragmented International Legal Order
Meeting the Challenges

$160.00 (C)

  • Date Published: August 2013
  • availability: Available
  • format: Hardback
  • isbn: 9781107025387

$ 160.00 (C)
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  • Few events have influenced our global order as intensely as the events of September 11, 2001. At various levels in the past ten years, persistent attempts have been made to address the threat of terrorism, yet there is still urgent need for a joint and coherent application of a variety of regulations relating to international criminal justice co-operation, the use of force and international human rights law. In an important contribution to international discourse, Larissa van den Herik and Nico Schrijver examine the relationship between different branches of international law and their applicability to the problem of terrorism and counter-terrorism. Using a unique combination of academic perspectives, practitioners' insights and a comprehensive three-part approach, Counter-terrorism Strategies in a Fragmented International Legal Order offers sound policy recommendations alongside thorough analysis of the state of international law regarding terrorism and provides fresh insights against the backdrop of recent practice.

    • The integrated approach explores the relationship between different branches of international law and their applicability to the problem of terrorism
    • Combines academic perspectives with practitioners' insights, thereby offering both policy recommendations and authoritative expert interpretations and clarifications
    • Concludes with a substantive set of policy recommendations
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    Product details

    • Date Published: August 2013
    • format: Hardback
    • isbn: 9781107025387
    • length: 798 pages
    • dimensions: 229 x 152 x 43 mm
    • weight: 1.23kg
    • availability: Available
  • Table of Contents

    Introduction: the fragmented international legal response to terrorism
    Part I. Improving International Co-operation in the Investigation and Prosecution of Terrorist Acts:
    1. A snapshot of international criminal justice co-operation in the fight against terrorism since 9/11
    2. Terrorist crimes and the Aut Dedere Aut Judicare obligation
    3. The need for a multilateral co-operative framework for mutual legal assistance
    4. The role of regional organisations in promoting co-operation on counter-terrorism matters: the European and African institutions in a comparative perspective
    5. Lessons of the European Arrest Warrant
    6. Intelligent co-operation versus evidence collection and dissemination
    7. International co-operation in counteracting terrorist financing
    8. The international regulation of the use of force: the politics of interpretative method
    Part II. The Use of Force against Terrorists:
    9. The role of the UN Security Council in relation to the use of force against terrorists
    10. Self-defence against terrorists: the meaning of armed attack
    11. Anticipatory self-defence against terrorists
    12. The necessity and proportionality of anti-terrorist self-defence
    Part III. Intersection between International Human Rights Law and International Humanitarian Law in the Fight against Terrorism:
    13. Armed conflict and terrorist organisations
    14. Extra-territorial application of the rights to life and personal liberty, including habeas corpus during situations of armed conflict
    15. Harmony or conflict? The interplay between human rights law and international humanitarian law in the fight against terrorism
    16. The legal regime governing treatment and procedural guarantees for persons detained in the fight against terrorism
    17. The legal regime governing the use of lethal force in the fight against terrorism
    18. The legal regime governing transfer of persons in the fight against terrorism
    19. Terrorism as a crime in international law and domestic law open issues
    20. All necessary measures? Reconciling international legal regimes governing peace and security and the protection of persons in the realm of counter-terrorism and international law
    Appendix: Leiden Policy Recommendations on Counter-terrorism and International Law.

  • Editors

    Larissa van den Herik, Universiteit Leiden
    Larissa van den Herik is Professor of Public International Law at the Grotius Centre for International Legal Studies, Leiden University.

    Nico Schrijver, Universiteit Leiden
    Nico Schrijver is Chair of Public International Law and Academic Director at the Grotius Centre for International Legal Studies, Leiden University.

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