Sovereignty in the Age of Global Terrorism: The Role of International Organisations

ISBN-13: 9789004299573 / Angielski / Miękka / 2016 / 218 str.

Myriam Feinberg

Opis

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.

Recenzje

"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."
- Dr. Rachel Frid de Vries, Justice no. 59, 2017, pp. 54-55

Spis treści

Acknowledgments;
About The Author;
List Of Abbreviations;
Introduction;
1. Context; 2. Why Sovereignty and Which Sovereignty?; 3. International Organisations-Conflict of Legal Orders; 4. Conflict of Branches; 5. International Security-Conflict of Norms; 6. Structure and Methodology;
Part 1-The United Nations Counterterrorism Framework and Its Impact on Sovereignty;
Chapter 1-The Emergence of an International Counterterrorism Regime ;
1. Non-binding UN Counterterrorism Measures; 2. The Security Council's Means of Action;
Chapter 2-Terrorism Obligations from the Security Council;
1. The Definition of Terrorism as a 'Threat to International Peace and Security'- Allocation of Authority; 2. Resolutions 1373 and 2178-A Binding Global Framework;
Chapter 3-Compliance and Enforcement;
1. Pre-September 11, 2001; 2. The Counter-Terrorism Committee; 3. Results and Analysis;
Chapter 4-The Scope of the Security Council's Role;
1. The Legality of the Security Council's Actions; 2. The Legitimacy of the Security Council's Actions; 3. Do States Care?;
Part 2-The Role of Regional Organisations in International Counterterrorism
Chapter 5-The Mandate of Regional Organisations for Terrorism;
1. Relationships with Member States: Distribution of Powers; 2. Relationship with The United Nations-Threats to Peace and Security: A Mandate for Counterterrorism?;
Chapter 6-Regional Counterterrorism Measures;
1. The Organisation of American States; 2. The African Union; 3. The Council of Europe; 4. The European Union;
Chapter 7-Compliance and Implementation;
1. The Organisation of American States; 2. The African Union; 3. The Council of Europe; 4. The European Union;
Chapter 8-The Role of Regional Courts in Counterterrorism;
1. The Organisation of American States; 2. The Council of Europe; 3. The European Union;
Part 3-Terrorism Sanctions-Conflicts of Sovereignty;
Chapter 9-Terrorist Sanctions-A Multilayered System;
1. United Nations Terrorism Sanctions; 2. European Union Sanction Regimes; 3. European Union Member States' National Sanctions Regimes; 4. Human Rights in Sanctions Regimes;
Chapter 10-Conflict of Sovereignties-A Case Law Study;
1. EU Case Law; 2. UK Case Law; 3. ECtHR Case Law;
Chapter 11-The Impact of Case Law on the United Nations and European Union Sanctions Regimes;
1. European Union Measures; 2. United Nations Measures;
Chapter 12-Conflicts;
1. Conflict of Sovereign Legal Orders; 2. Conflict of Branches or Traditional Separation of Powers?;
Conclusions;
Bibliography;
Index.

O autorze

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 King's College London. Her research focuses on issues of international organizations, terrorism, and State sovereignty'.