Constitutionalism Across Borders In The Struggle Against Terrorism

This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or postgraduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counter-terrorism, and related questions of individual rights.

The fight against impunity is an increasingly central concept in EU law-making and adjudication. What is the meaning and the scope of impunity as a legal concept in the EU legal order? How does the fight against impunity influence policy and adjudication? This timely first piece of comprehensive research aims to to address these largely unexplored questions, which involve structural institutional and substantive dilemmas underpinning the most recent developments of the European integration process. In recent years, the fight against impunity has become a pressing concern for the European institutions. It has shaped several EU policies and has led to a recurring argument in the case law of the Court of Justice. The book sheds light on this elusive notion, providing a much needed conceptual appraisal. The first section examines the scope of the notion of impunity, and its role in the EU decision-making process and in the development of EU competences. Subsequent sections discuss the implications of impunity - and of the fight against it - in a variety of complementary domains, namely the allocation of criminal jurisdiction, mutual recognition instruments, the rise of new surveillance technologies and the external dimension of the Area of Freedom, Security and Justice. This book is an original and timely contribution to scholarship, which is of interest to academics, researchers and policy-makers alike.

There are now many features of a new world order: the circulation of concepts, techniques, rules; the development of global epistemic communities; an increasing mix of national and supranational institutions; the formation of more horizontal links among States, which do not disappear, but rather become accountable to one other; the generalization of common usages and rules. Overall, this is conventionally called globalization. Globalization is the major development in the field of public law in the second half of the twentieth century. It has evolved according to an incremental pattern. First, it was applied to peace and human rights (the United Nations); then, to areas such as the sea, nuclear waste, health, labor, the environment. Subsequently, it was applied to trade, and, finally, to global terrorism and global crises. The process of globalization has been piecemeal, and globalization has developed through crises and unbalances, by accretion and accumulation.

Powers to outlaw or proscribe terrorist organisations have become cornerstones of global counter-terrorism regimes. In this comprehensive volume, an international group of leading scholars reflect on the array of proscription regimes found around the world, using a range of methodological, theoretical and disciplinary perspectives from Political Science, International Relations, Law, Sociology and Criminology. These perspectives consider how domestic political and legal institutions intersect with and transform the use of proscription in countering terrorism and beyond. The chapters advance a range of critical perspectives on proscription laws, processes and outcomes, drawing from a global range of cases including Australia, Canada, the EU, Spain, Sri Lanka, Turkey, the UK and the USA. Using single and comparative cases, the authors emphasise the impacts of proscription on freedoms of speech and association, dissent, political action and reconciliation. The chapters demonstrate the manifold consequences for diasporas and minorities, especially those communities linked to struggles overseas against oppressive regimes, and stress the significance of language and other symbolic practices in the justification and extension of proscription powers. The volume concludes with an in-depth interview on the blacklisting of terror groups with the former U.S. Director of National Intelligence, James Clapper. This book was originally published as a special issue of the journal Terrorism and Political Violence.

The Palgrave Handbook of Criminal and Terrorism Financing Law focuses on how criminal and terrorist assets pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. In response to the funds generated by or for organised crime and transnational terrorism, strategies have been elaborated at national, regional, and international levels for laws, organisations and procedures, and economic systems. Reflecting on these strands, this handbook brings together leading experts from different jurisdictions across Europe, America, Asia, and Africa and from different disciplines, including law, criminology, political science, international studies, and business. The authors examine the institutional and legal responses, set within the context of both policy and practice, with a view to critiquing these actions on the grounds of effective delivery and compliance with legality and rights. In addition, the book draws upon the experiences of the many senior practitioners and policy-makers who participated in the research project which was funded by a major Arts and Humanities Research Council grant. This comprehensive collection is a must-read for academics and practitioners alike with an interest in money laundering, terrorism financing, security, and international relations.

A comprehensive look at the toll US government policies took on civil liberties, human rights, and the rule of law in the name of the war on terror.

Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.

The attacks of 9/11 kickstarted the development of a pervasive and durable transnational counter-terrorism order. This has evolved into a vast institutional architecture with direct effects on domestic law around the world and a number of impacts on everyday life that are often poorly understood. States found, fund and lead institutions inside and outside the United Nations that develop and consolidate transnational counter-terrorism through hard and soft law, strategies, capacity building and counter-terrorism 'products'. These institutions and laws underpin the expansion of counter-terrorism, so that new fields of activity get drawn into it, and others are securitised through their reframing as counter-terrorism and 'preventing and countering extremism'. Drawing on insights from law, international relations, political science and security studies, this book demonstrates the international, regional, national and personal impacts of this institutional and legal order. Fiona de Londras demonstrates that it is expansionary, rights-limiting and unaccountable.