Transnational Terrorism and State Accountability
Hart Publishing (Verlag)
978-1-84946-285-3 (ISBN)
Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility.
This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts.
From the Foreword by Judge Bruno Simma, International Court of Justice
"Even if one might disagree with the bases on which the author constructs his argument, the execution of the argument is solid and thorough. The coverage of the major policy arguments and the available legal source materials is equally impressive. Moreover, the author's positions are genuinely progressive and present a fairly innovative solution, in the form of a strict liability mechanism...It behoves all scholars and practitioners of international law with an interest in combating international terrorism to consider the proposals outlined in this book."
Transnational Terrorism and State Accountability by Vincent-Joël Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists.
Vincent-Joël Proulx is Assistant Professor at the National University of Singapore’s Faculty of Law and a Barrister and Solicitor of the Ontario Bar. Previously, he served a three-year term as Special Assistant of the President of the International Court of Justice.
Introduction
I. Introductory Remarks
II. Overview of Research
Part I – The International Response to 9/11 and Its Impact on the Law of State Responsibility
Chapter 1: State Responsibility, Terrorism and International Law
I. General Remarks: State Responsibility as a Complementary Solution
II. Emergence of the Obligation of Prevention
III. Counterterrorism Obligations after 9/11 and the Primary/Secondary Divide
IV. The Shortcomings of State Responsibility Vis-à-vis Terrorism
VI. Policy Relevance
Chapter 2: The Impact of 9/11 on International Law and Beyond
I. General Remarks
II. Direct Versus Indirect Responsibility
III. The Concept of Attribution
IV. A Paradigm Shift: Towards a Law of Indirect Responsibility
V. The Security Council's Posture Before and After 9/11
CONCLUSION TO PART I
Part II – Rethinking State Responsibility After 9/11: Defining the Scope of States' Counterterrorism Obligations and Implementing a Model to Ensure Compliance with Those Obligations
Introduction
Chapter 3: Unity Through Vagueness: The Challenges of Devising General Rules of Responsibility
I. Introduction
II. Alternative Response: Causation
III. Developing Guidelines and General Principles for Fact-Intensive, Fact-Specific Phenomena
IV. Doing Away with Attribution: Towards a Model of Strict Liability?
V. Conclusion
Chapter 4: Rethinking the Rationale Underlying State Responsibility for Terrorism: Trans-substantive Rules, Domestic Analogies and the Rationalist Agenda
I. Introduction
II. Revisiting Trans-substantive Rules
III. The Temporal Element of the Breach of an International Obligation
IV. Drawing on Legal Traditions and Domestic Law Analogies to Inform the Law of State Responsibility
V. Mitigating Tensions: Implementing a Model Inspired by Strict Liability
VI. Conclusion: Consolidating Rationalist Theories and State Responsibility
Chapter 5: Implementing a Two-tiered Strict Liability-infused Model
I. Introduction
II. A Two-tiered Strict Liability Mechanism
III. Other Advantages of a Strict Liability Model
IV. Content of the Obligation of Prevention
V. Conclusion: A Partial Politico-Legal Solution Lying at the Heart of International Law
CONCLUSION TO PART II
| Erscheint lt. Verlag | 5.11.2012 |
|---|---|
| Reihe/Serie | Hart Monographs in Transnational and International Law |
| Vorwort | Judge Bruno Simma |
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 156 x 234 mm |
| Gewicht | 708 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Strafrecht ► Besonderes Strafrecht | |
| ISBN-10 | 1-84946-285-2 / 1849462852 |
| ISBN-13 | 978-1-84946-285-3 / 9781849462853 |
| Zustand | Neuware |
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