Law in Times of Crisis: Emergency Powers in Theory and Practice

ISBN-13: 9780521541237 / Angielski / Miękka / 2006 / 481 str.

Oren Gross; Fionnuala Ni Aolain; James Crawford

Opis

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.

Recenzje

'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

Spis treści

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.