State Responsibility And Terrorism

State Responsibility And Terrorism Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of State Responsibility And Terrorism book. This book definitely worth reading, it is an incredibly well-written.

State Responsibility for International Terrorism

Kimberley N. Trapp
State Responsibility for International Terrorism Book PDF

Author : Kimberley N. Trapp
Publisher : OUP Oxford
Page : 320 pages
File Size : 51,8 Mb
Release : 2011-06-02
Category : Law
ISBN : 9780191621666

Get Book

State Responsibility for International Terrorism by Kimberley N. Trapp Pdf

The rules of state responsibility have an important but under-utilized role to play in the terrorism context. They determine both whether a breach of primary obligations has occurred, through the rules of attribution, and the consequences which flow from that breach, including the possible adoption of responsive measures by injured states. This book explores the substantive international legal obligations and rules of state responsibility applicable to international terrorism and examines the problems and prospects for effectively holding states responsible for internationally wrongful acts related to terrorism. In particular, it analyses the way in which the implementation of state responsibility for international terrorism may be affected by the self-determination debate, any applicable lex specialis (including the jus in bello), and sub-systems of international law (such as the WTO-), as well as the interaction between determinations of individual criminal responsibility and the implementation of state responsibility. The international community has responded to the threat of international terrorism both through a security/jus ad bellum paradigm and by creating an international criminal law framework to address the conduct of non-state terrorist actors. The secondary rules of state responsibility analysed in this book cut across both approaches as they apply, whether states breaching their primary obligations relating to terrorism through participation in or a failure to prevent or punish terrorism. While this book identifies a number of problems in implementing state responsibility for international terrorism, it also highlights the prospects for the rules of state responsibility to make a crucial contribution to maintaining respect for obligations which lie at the very foundations of the contemporary international legal order, and to restoring the relationships between states if those obligations are breached.

Terrorism and the State

Tal Becker
Terrorism and the State Book PDF

Author : Tal Becker
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 51,6 Mb
Release : 2006-03-23
Category : Law
ISBN : 9781847310156

Get Book

Terrorism and the State by Tal Becker Pdf

Winner of the 2007 Paul Guggenheim Prize! Today's terrorists possess unprecedented power, but the State still plays a crucial role in the success or failure of their plans. Terrorists count on governmental inaction, toleration or support. And citizens look to the State to protect them from the dangers that these terrorists pose. But the rules of international law that regulate State responsibility for preventing terrorism were crafted for a different age. They are open to abuse and poorly suited to hold States accountable for sponsoring or tolerating contemporary terrorist activity. It is time that these rules were reconceived. Tal Becker's incisive and ground-breaking book analyses the law of State responsibility for non-State violence and examines its relevance in a world coming to terms with the threat of catastrophic terrorism. The book sets out the legal duties of States to prevent, and abstain from supporting, terrorist activity and explores how to maximise State compliance with these obligations. Drawing on a wealth of precedents and legal sources, the book offers an innovative approach to regulating State responsibility for terrorism, inspired by the principles and philosophy of causation. In so doing, it presents a new conceptual and legal framework for dealing with the complex interactions between State and non-State actors that make terrorism possible, and offers a way to harness international law to enhance human security in a post-9/11 world.

State Responsibility and Terrorism

Claudia Candelmo
State Responsibility and Terrorism Book PDF

Author : Claudia Candelmo
Publisher : Edward Elgar Publishing
Page : 265 pages
File Size : 52,7 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781789906097

Get Book

State Responsibility and Terrorism by Claudia Candelmo Pdf

This timely book discusses the problem of State responsibility in connection with terrorist acts committed by non-State actors. It provides a detailed assessment of the consequences of wrongful acts of the State using contemporary examples such as the Bosnian Genocide, 9/11, and the 2016 and 2020 Nice attacks.

Indirect Responsibility for Terrorist Acts

Marja Lehto
Indirect Responsibility for Terrorist Acts Book PDF

Author : Marja Lehto
Publisher : Martinus Nijhoff Publishers
Page : 533 pages
File Size : 51,8 Mb
Release : 2009
Category : Political Science
ISBN : 9789004178076

Get Book

Indirect Responsibility for Terrorist Acts by Marja Lehto Pdf

The book offers several perspectives to the analysis of the expansion and diversification of international legal responses to terrorism. It focuses, in particular, on the move during the past decade towards more indirect forms of responsibility.

Customary International Law in Times of Fundamental Change

Michael P. Scharf
Customary International Law in Times of Fundamental Change Book PDF

Author : Michael P. Scharf
Publisher : Cambridge University Press
Page : 241 pages
File Size : 46,7 Mb
Release : 2013-05-31
Category : Law
ISBN : 9781107276765

Get Book

Customary International Law in Times of Fundamental Change by Michael P. Scharf Pdf

This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.

Indirect Responsibility for Terrorist Acts

Marja Letho
Indirect Responsibility for Terrorist Acts Book PDF

Author : Marja Letho
Publisher : BRILL
Page : 532 pages
File Size : 51,9 Mb
Release : 2009-10-12
Category : Law
ISBN : 9789047444978

Get Book

Indirect Responsibility for Terrorist Acts by Marja Letho Pdf

The book offers several perspectives to the analysis of the expansion and diversification of international legal responses to terrorism. It focuses, in particular, on the move during the past decade towards more indirect forms of responsibility.

The International Law of State Responsibility

Robert Kolb
The International Law of State Responsibility Book PDF

Author : Robert Kolb
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 48,9 Mb
Release : 2017-04-28
Category : Electronic
ISBN : 9781786434715

Get Book

The International Law of State Responsibility by Robert Kolb Pdf

This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding.

Non-State Actors and Terrorism

Robert P. Barnidge, Jr.
Non State Actors and Terrorism Book PDF

Author : Robert P. Barnidge, Jr.
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 47,6 Mb
Release : 2008
Category : Law
ISBN : 9067044814

Get Book

Non-State Actors and Terrorism by Robert P. Barnidge, Jr. Pdf

In our post-11 September world, challenges to international peace and security emanate from non-State actors as never before. Under international law States have an obligation to act with due diligence in confronting non-State actors that engage in terrorism. The author of this book examines the grounds and mechanisms through which a State can bear responsibility for breaching its due diligence obligations in this regard. He explores the question whether a comprehensive definition of terrorism exists and reviews the development of the due diligence principle during the last century. After doing so, the author examines how the due diligence principle operates in the counter-terrorism context by analysing international and regional treaties and Security Council Resolutions. Theoretical issues that arise when interpreting the due diligence principle are also studied. The author concludes by critically engaging with the question whether national security should trump human rights in the fight against terrorism. This book fills a significant gap in the literature. It is principally designed for policy makers, academics, and students of international law.

Materials on the Responsibility of States for Internationally Wrongful Acts

United Nations. International Law Commission
Materials on the Responsibility of States for Internationally Wrongful Acts Book PDF

Author : United Nations. International Law Commission
Publisher : United Nations Legislative
Page : 472 pages
File Size : 54,5 Mb
Release : 2012
Category : Law
ISBN : MINN:31951D03613918L

Get Book

Materials on the Responsibility of States for Internationally Wrongful Acts by United Nations. International Law Commission Pdf

The present collection of materials reproduces the text of the State responsibility articles, with commentaries thereto, as presented in the Yearbook of the International Law Commission, together with the compilation of decisions recording 154 instances in which international courts, tribunals and other bodies referred to the articles and commentaries during the period from 1973 to 1996 when the draft articles were adopted on first reading, from 1996 to their adoption on second reading in 2001, and up to 31 January 2010

Non-State Actors and Terrorism

Robert P. Barnidge, Jr.
Non State Actors and Terrorism Book PDF

Author : Robert P. Barnidge, Jr.
Publisher : T.M.C. Asser Press
Page : 250 pages
File Size : 54,5 Mb
Release : 2007-12-20
Category : Law
ISBN : 9067042595

Get Book

Non-State Actors and Terrorism by Robert P. Barnidge, Jr. Pdf

In our post-11 September world, challenges to international peace and security emanate from non-State actors as never before. Under international law States have an obligation to act with due diligence in confronting non-State actors that engage in terrorism. The author of this book examines the grounds and mechanisms through which a State can bear responsibility for breaching its due diligence obligations in this regard. He explores the question whether a comprehensive definition of terrorism exists and reviews the development of the due diligence principle during the last century. After doing so, the author examines how the due diligence principle operates in the counter-terrorism context by analysing international and regional treaties and Security Council Resolutions. Theoretical issues that arise when interpreting the due diligence principle are also studied. The author concludes by critically engaging with the question whether national security should trump human rights in the fight against terrorism. This book fills a significant gap in the literature. It is principally designed for policy makers, academics, and students of international law.

Institutionalizing State Responsibility

Vincent-Joël Proulx
Institutionalizing State Responsibility Book PDF

Author : Vincent-Joël Proulx
Publisher : Oxford University Press
Page : 440 pages
File Size : 45,6 Mb
Release : 2016-05-05
Category : Law
ISBN : 9780191500022

Get Book

Institutionalizing State Responsibility by Vincent-Joël Proulx Pdf

Since the 9/11 attacks, international organizations have become actively engaged in devising counterterrorism strategies and frameworks. This monograph examines the role UN organs can play in implementing the law of State responsibility in global security contexts, using transnational terrorism as its principal case study. The institutional mechanisms utilized by the UN in implementing State responsibility are assessed in detail, shedding light on how the ICJ, the General Assembly and the Security Council contribute to the implementation of State responsibility in the context of global security. By acknowledging the Security Council's role as a post-9/11 legislator, this book argues that the Council can play an important and sometimes determinant role in implementing a State's legal responsibility for failing to prevent terrorism, both inside and outside the Chapter VII framework. Featuring a discussion of the more controversial consequences flowing from State responsibility, this monograph also explores the prospect of injured States adopting forcible measures against responsible States for their failures to prevent terrorism. The book investigates whether self-defence and other forcible reactions, envisaged both inside and outside the Council, can be reconciled with State responsibility principles.

State Responsibility in International Law

René Provost
State Responsibility in International Law Book PDF

Author : René Provost
Publisher : Routledge
Page : 589 pages
File Size : 43,9 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781351898034

Get Book

State Responsibility in International Law by René Provost Pdf

In the wake of the adoption by the International Law Commission of a complete set of articles on state responsibility in international law in 2001, this collection assembles a number of essays tracing key debates which have marked the evolution of this field over the last fifty years. These include explorations of the general theory of state responsibility (link between ’primary’ and ’secondary’ rules, the place of due diligence, the link between liability and wrongfulness), the consequences of an internationally wrongful act (nature of remedies, suitability of countermeasures, third states and the shift from bilateralism to community interests in the law of state responsibility), the debate over criminalizing state responsibility, and the continuing relevance of the law of injuries to aliens. The collection also contains a series of essays offering critical perspectives on state responsibility, including feminist and developing world perspectives. It is completed by an extensive and up-to-date bibliography.

Transnational Terrorism and State Accountability

Vincent-Joël Proulx
Transnational Terrorism and State Accountability Book PDF

Author : Vincent-Joël Proulx
Publisher : Bloomsbury Publishing
Page : 378 pages
File Size : 46,8 Mb
Release : 2012-11-05
Category : Law
ISBN : 9781782250371

Get Book

Transnational Terrorism and State Accountability by Vincent-Joël Proulx Pdf

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.

International Legal Dimension of Terrorism

Pablo Antonio Fernández Sánchez
International Legal Dimension of Terrorism Book PDF

Author : Pablo Antonio Fernández Sánchez
Publisher : BRILL
Page : 529 pages
File Size : 47,5 Mb
Release : 2009
Category : Law
ISBN : 9789004170537

Get Book

International Legal Dimension of Terrorism by Pablo Antonio Fernández Sánchez Pdf

Includes annex: The Huelva Declaration for an Alliance of Civilizations against Terrorism.

Faces of State Terrorism

Laura Westra
Faces of State Terrorism Book PDF

Author : Laura Westra
Publisher : BRILL
Page : 254 pages
File Size : 52,5 Mb
Release : 2012-05-16
Category : Social Science
ISBN : 9789004224568

Get Book

Faces of State Terrorism by Laura Westra Pdf

This book examines the numerous illegal measures states use, from unlawful imprisonment and curtailing of civil liberties to torture, in the name of responding to terrorism. At the same time, it considers how trade and industrial activities terrorize people by depriving them of the natural resources they need to survive and by exposing communities to life-threatening hazardous conditions.