Non-State Actors and Terrorism

Applying the Law of State Responsibility and the Due Diligence Principle

By: Jr. Robert P. Barnidge

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Hardcover | 20 December 2007

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264 Pages

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24.77 x 15.88 x 1.91

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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.

Industry Reviews

'Policy-makers as well as scholars will benefit from this thoughtful explanation of why political intrusion upon the law is inevitable, why due diligence rules must remain indeterminate - and how the struggle to curb terrorism through the rule of law can be waged in the face of continuing juridical uncertainty.' Michael J. Glennon, Professor of International Law, Fletcher School of Law and Diplomacy, Tufts University

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You Can Find This Book In

Non-Fiction Law International Law International Law of Transport International Space & Aerospace Law Public International Law Responsibility of States & Other Entities Politics & Government Political Activism Terrorism Laws of Specific Jurisdictions Criminal Law & Procedure

Foreword	p. V
Acknowledgements	p. VII
Abbreviations	p. XIII
Introduction	p. 1
Terrorism: Arriving at an Understanding of a Term	p. 11
Introduction	p. 13
A Comprehensive Definition of Terrorism Under International Law?	p. 15
Treaty Law	p. 18
International Treaties Related to Terrorism	p. 20
Regional Treaties Related to Terrorism	p. 23
Customary International Law	p. 27
General Principles	p. 36
Assessment	p. 39
State Terrorism	p. 39
Freedom Fighters or Terrorists?	p. 41
Conclusion	p. 50
The Due Diligence Principle Under International Law	p. 53
Introduction	p. 55
Principles of Responsibility	p. 55
The International Law Commission and State Responsibility	p. 61
State Responsibility, Non-State Actors, and the Due Diligence Principle	p. 68
The Beginning of a New Century: Arbitral Decisions in the Early Twentieth Century	p. 69
The Duty to Protect and Apprehend and Punish	p. 70
State Action or Omission in the Context of Insurrectional Movements	p. 76
The Second World War and the Post-War Dispensation	p. 79
The Cold War	p. 88
The End of the Cold War and Recent Developments	p. 98
Conclusion	p. 110
The Due Diligence Obligation of States in the Context of Non-State Actors that Engage in Terrorism	p. 111
Introduction	p. 113
Identifying the Due Diligence Principle in International Legal Rules	p. 114
The Due Diligence Obligation of States in the Context of Non-State Actors that Engage in Terrorism	p. 115
Treaty Law	p. 116
International Treaties Related to Terrorism	p. 116
Regional Treaties Related to Terrorism	p. 123
Security Council Resolutions	p. 128
Conclusion	p. 133
Assessing the Due Diligence Obligation of States in the Context of Non-State Actors that Engage in Terrorism: Theoretical Issues	p. 135
Introduction	p. 137
Theoretical Issues	p. 138
Interpretative Tools	p. 141
The Limitations of Interpretative Tools and Other Thoughts	p. 145
Conclusion	p. 158
Should National Security Trump Human Rights in the Fight Against Terrorism?	p. 161
Introduction	p. 163
The Applicable Legal Framework	p. 164
Applying International Human Rights Law	p. 173
Marketing Human Rights to States Fighting Terrorism	p. 177
Is Human Rights Observance Necessary to Effectively Fight Terrorism?	p. 182
Can States Effectively Fight Terrorism While at the Same Time Not Violating Human Rights?	p. 187
Assessment	p. 199
Conclusion	p. 205
Conclusion	p. 207
Bibliography	p. 217
Index	p. 239
Table of Contents provided by Ingram. All Rights Reserved.

Non-State Actors and Terrorism

Applying the Law of State Responsibility and the Due Diligence Principle

At a Glance

Hardcover

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

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