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

International Law

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

By Myriam Feinberg
Brill Nijhoff May 2016

Specifications

ISBN-13
9789004299573
Publisher
Brill Nijhoff
Publication
May 2016
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

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.

Table of Contents

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.
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