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Territorial Integrity in a Globalizing World
by Abdelhamid El OualiThis book offers a comprehensive, highly informative and interdisciplinary study on territorial integrity and the challenges globalization, self-determination and external interventions present. This study aims at not only to fill an epistemological gap in this regard, but also answer the question of whether International Law is adequately equipped to help states address these challenges. The author argues that the biggest threat that many states are confronted with today is their disintegration rather than their obsolescence, and that International Law has not often been able to prevent that eventuality. In fact, states, when they were not destroyed by war, managed to survive, thanks to the flexibility of territoriality, i.e. their ability to adjust to difficult situations as they arose. It is this understanding of adaptation that urges an increasing number of states today to revive territorial autonomy and restore an original understanding of self-determination in which democracy is a pivotal factor in establishing congruence between the states and their nations. While this move is endorsed by International Law, it is not the case for globalization; for their own sake, proponents of globalization should recognize that the states are irreplaceable as long as they remain the sole providers of protection for their peoples.
The Territorial Jurisdiction of the International Criminal Court
by Michail Vagias John DugardThere are many variables of territoriality available to national courts under contemporary international law. Does the same apply to the International Criminal Court? And if so, what are the limits to the teleological expansion of the Court's territorial jurisdiction as regards, for example, partial commission of a crime in State not Party territory, crimes committed over the internet or crimes committed in occupied territories? Michael Vagias's analysis of the law and procedure surrounding the territorial jurisdiction of the Court examines issues such as the application of localisation theories of territoriality and the means of interpretation for article 12(2)(a); the principle of legality (nullum crimen sine lege) and human rights law for the interpretation of jurisdictional provisions; compétence de la compétence; crimes committed over the internet; and the procedure for jurisdictional objections.
Territorial Politics and Secession: Constitutional and International Law Dimensions (Federalism and Internal Conflicts)
by Martin BelovThis book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics.
Territories, Environments, Politics: Explorations in Territoriology
by Andrea Mubi BrighentiThis collection seeks to illustrate the state of the art in territoriological research, both empirical and theoretical. The volume gathers together a series of original, previously unpublished essays exploring the newly emerging territorial formations in culture, politics and society. While the globalisation debate of the 1990s largely pivoted around a ‘general deterritorialisation’ hypothesis, since the 2000s it has become apparent that, rather than effacing territories, global connections are added to them, and represent a further factor in the increase of territorial complexity. Key questions follow, such as: How can we further the knowledge around territorial complexities and the ways in which different processes of territorialisation co-exist and interact, integrating scientific advances from a plurality of disciplines? Where and what forms does territorial complexity assume, and how do complex territories operate in specific instances? Which technological, political and cultural facets of territories should be tackled to make sense of the life of territories? How and by what different or combined methods can we describe territories, and do justice to their articulations and meanings? How can the territoriological vocabulary relate to contemporary social theory advancements such as ANT, the ontological turn, the mobilities paradigm, sensory urbanism, and atmospheres research? How can territorial phenomena be studied across disciplinary boundaries? Territories, Environments, Politics casts a fresh perspective onto a number of key contemporary socio-spatial phenomena. Refraining from the attempt to ossify territoriology into some disciplinary straightjacket, the collection aims to illustrate the scope of current territoriological research, its domain, its promises, its theoretical advancements, and its methodological reflection in the making. Scholars interested in social research will find in this collection a rich and imaginative theoretical-methodological toolkit. Students in human geography, anthropology and sociology, socio-legal studies, architecture and urban planning will find Territories, Environments, Politics of interest.
Territories of Social Responsibility: Opening the Research and Policy Agenda (Corporate Social Responsibility)
by Patricia Almeida AshleyCSR is a fragile concept if conceived only at the organizational level or driven only by leadership will. Many writers deal with aspects of social responsibility, but most deal with it as this kind of organizational and voluntary initiative. Few address the wider policy agenda. The contributors to Territories of Social Responsibility - researchers and practitioners from four continents - all participated in an international workshop co-ordinated by Patricia Almeida Ashley as part of her role as Chair in Development and Equity at the International Institute of Social Studies. They form a policy network contributing to studies on the concept of a multi-actor, multilevel and territorial approach to social responsibility and governance, oriented towards global, regional or local development and equity goals. This book introduces a new conceptual framework and promotes a research and policy agenda relating to it. A new model sees CSR embedded in institutional and legal frameworks, communicated and understood through a vector of communication and knowledge influencing situated culture and social values, and classified into three levels of ethical challenges. All of this can be expressed into the social processes of education, governance, the development of civil society, and policy making - a renovation of the existing perspectives on the concept of social responsibility. This ground breaking book integrates conceptual and empirical contributions and opens a research and policy agenda for the future. It will appeal to academics, higher level students, policy makers, and to leaders of and advisors to organizations affected by social responsibility issues.
Territory: New Trajectories in Law (New Trajectories in Law)
by Nicholas BlomleyThis book introduces readers to the concept of territory as it applies to law while demonstrating the particular work that territory does in organizing property relations. Territories can be found in all societies and at all scales, although they take different forms. The concern here is on the use of territories in organizing legal relations. Law, as a form of power, often works through a variety of territorial strategies, serving multiple legal functions, such as attempts at creating forms of desired behaviour. Landed property, in Western society, is often highly territorial, reliant on sharply policed borders and spatial exclusion. But rather than thinking of territory as obvious and given or as a natural phenomenon, this book focuses particularly on its relation to property to argue that territory is both a social product, and a specific technology that organizes social relations. That is: territory is not simply an outcome of property relations but a strategic means by which such relations are communicated, imagined, legitimized, enforced, naturalized and contested. Accessible to students, this book will be of interest to those working in the areas of sociolegal studies, geography, urban studies, and politics.
The Territory of Japan: Its History and Legal Basis
by Kentaro SeritaThis Open Access book carefully examines the legal and historical bases of the territory of Japan as a modern State from the Meiji period to 2002. A new preface summarizes key developments in the situation up through 2022.Japan’s current territory is stipulated by the Potsdam Declaration (1945) and the Treaty of Peace with Japan (1951); it includes the Northern Territories, the Senkaku Islands, and Takeshima. Japan has demanded the return of the Northern Territories, comprising the islands of Etorofu, Kunashiri, Shikotan and Habomai, which are occupied by Russia. China has claimed sovereignty over the Senkaku Islands, which are validly controlled by Japan; Japan has claimed sovereignty over Takeshima, which is occupied by the Republic of Korea.This book analyzes the current status of these territorial topics, drawing on historical documents and international legal precedent, and it suggests peaceful methods to address them. In discussing territorial land, sea, and air space, this work touches upon postwar concepts defining modern international law and relevant rules on these subjects—exclusive economic zones (EEZs), continental shelves, and air defense identification zones (ADIZs)—found in international treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), and related domestic laws.
Terror
by Ferdinand von SchirachRepresentada en casi un centenar de teatros en más de veinte países, donde ha cosechado un éxito inaudito, Terror aborda sin tapujos el abrumador problema ético al que se enfrenta el ser humano en situaciones límite, invitándonos a una reflexión profunda sobre el valor y el precio de la libertad. Cada vez que se produce un atentado terrorista en un país occidental, provocando un sentimiento general de pánico y estupor en la sociedad, surge inevitablemente un dilema difícil de resolver: ¿estamos dispuestos a sacrificar nuestra libertad individual en aras de la seguridad colectiva? ¿Cuál es el camino correcto para preservar la democracia? Como oficial de la Fuerza Aérea de Alemania, Lars Koch debe intervenir en una situación de emergencia: un terrorista ha secuestrado un avión de Lufthansa y pretende estrellarlo contra el Allianz Arena de Múnich, donde en ese momento setenta mil espectadores asisten a un partido de fútbol internacional entre las selecciones de Alemania e Inglaterra. Contraviniendo las órdenes de sus superiores, y consciente de la responsabilidad que deberá asumir por su terrible acto, Koch derriba el aparato para impedir la masacre en el estadio, causando la muerte de las ciento sesenta y cuatro personas que viajaban a bordo. Así pues, el juicio al que se somete al infortunado piloto es el núcleo de la primera obra teatral del célebre abogado criminalista alemán Ferdinand von Schirach. Con una trama sencilla pero contundente, el autor de superventas como Crímenes y Culpa nos conmina a tomar partido como miembros del jurado popular que deberá dictar una sentencia de tintes dramáticos y consecuencias inquietantes. La crítica ha dicho...«Terror es teatro en su máxima expresión.»The Sunday Times «Una historia tan compleja que seguirás pensando en ella mucho después de que se falle la suerte del acusado.»The Times «Von Schirach se nutre del legado del drama clásico como un foro donde considerar los dilemas humanos más acuciantes.»Financial Times
Terror and the War on Dissent
by Ian CramLocated within wider debates about 'security versus liberty' in our post 9/11 world, the book analyses the new landscape of UK counter terrorism powers and offences and focuses upon the deleterious consequences of the so-called 'war on terror' on freedom of political expression and association. Questioning the compatibility of recent speech-limiting measures with liberalism's established commitment to free speech and international human rights norms, the book takes a critical look at new powers to proscribe 'extremist' political parties, possession offences and other criminal controls (eg. Official Secrets Act prosecutions) as well as new offences such as 'glorification' of terrorism. Less visible, extra-legal forms of censorship are also evaluated. The monograph concludes by asking how a more vigorous defence of unorthodox and unpopular forms of expression might be safeguarded in the UK.
The Terror Authorization: The History and Politics of the 2001 AUMF
by Shoon MurrayThree days after September 11, 2001, Congress passed an unprecedented authorization of the use of military force (AUMF 2001) that remains in force today. As the theatre of operation against terrorism changes, the applicability and legality of the AUMF 2001 is under increasing scrutiny - giving way to academic discussion over its current status.
The Terror Courts
by Jess BravinSoon after the September 11 attacks in 2001, the United States captured hundreds of suspected al-Qaeda terrorists in Afghanistan and around the world. By the following January the first of these prisoners arrived at the U. S. military’s prison camp in Guantanamo Bay, Cuba, where they were subject to President George W. Bush’s executive order authorizing their trial by military commissions. Jess Bravin, theWall Street Journal’s Supreme Court correspondent, was there within days of the prison’s opening, and has continued ever since to cover the U. S. effort to create a parallel justice system for enemy aliens. A maze of legal, political, and moral issues has stood in the way of justice—issues often raised by military prosecutors who found themselves torn between duty to the chain of command and their commitment to fundamental American values. While much has been written about Guantanamo and brutal detention practices following 9/11, Bravin is the first to go inside the Pentagon’s prosecution team to expose the real-world legal consequences of those policies. Bravin describes cases undermined by inadmissible evidence obtained through torture, clashes between military lawyers and administration appointees, and political interference in criminal prosecutions that would be shocking within the traditional civilian and military justice systems. With the Obama administration planning to try the alleged 9/11 conspirators at Guantanamo—and vindicate the legal experiment the Bush administration could barely get off the ground—The Terror Courtscould not be more timely.
Terror, Religion, and Liberal Thought (Columbia Series on Religion and Politics)
by Richard MillerReligious violence may trigger feelings of repulsion and indignation, especially in a society that encourages toleration and respect, but rejection contradicts the principles of inclusion that define a democracy and its core moral values. How can we think ethically about religious violence and terrorism, especially in the wake of such atrocities as 9/11?Known for his skillful interrogation of ethical issues as they pertain to religion, politics, and culture, Richard B. Miller returns to the basic tenets of liberalism to divine an ethical response to religious extremism. He questions how we should think about the claims and aspirations of political religions, especially when they conflict so deeply with liberal norms and practices, and he suggests how liberal critics can speak confidently in ways that respect cultural and religious difference.Miller explores other concerns within these investigations as well, such as the protection of human rights and a liberal democratic commitment to multicultural politics. In relating religion and ethics, he develops a new lens for viewing political religions and their moral responsibilities. This probing inquiry also forces us to rethink our response to 9/11.
Terror Trials: Life and Law in Delhi's Courts (Thinking from Elsewhere)
by Mayur R. SureshAn ethnography of terrorism trials in Delhi, India, this book explores what modes of life are made possible in the everyday experience of the courtroom. Mayur Suresh shows how legal procedures and technicalities become the modes through which courtrooms are made habitable. Where India’s terror trials have come to be understood by way of the expansion of the security state and displays of Hindu nationalism, Suresh elaborates how they are experienced by defendants in a quite different way, through a minute engagement with legal technicalities.Amidst the grinding terror trials—which are replete with stories of torture, illegal detention and fabricated charges—defendants school themselves in legal procedures, became adept petition writers, build friendships with police officials, cultivate cautious faith in the courts and express a deep sense of betrayal when this trust is belied. Though seemingly mundane, legal technicalities are fraught and highly contested, and acquire urgent ethical qualities in the life of a trial: the file becomes a space in which the world can be made or unmade, the petition a way of imagining a future, and investigative and courtroom procedures enable the unexpected formation of close relationships between police and terror-accused.In attending to the ways in which legal technicalities are made to work in everyday interactions among lawyers, judges, accused terrorists, and police, Suresh shows how human expressiveness, creativity and vulnerability emerge through the law.
Terrores Nocturnos. España misteriosa
by Emma Entrena Silvia OrtizADÉNTRATE EN LA ESPAÑA MÁS ENIGMÁTICA JUNTO A TERRORES NOCTURNOS, EL PÓDCAST REVELACIÓN EN EL ÁMBITO DEL MISTERIO. TE DAMOS LA BIENVENIDA A TUS NUEVAS PESADILLAS España es tierra de misterios y leyendas. La Santa Compaña, el hombre del saco o los fantasmas del Museo Reina Sofía son solo algunos ejemplos de los mitos y los sucesos que se entretejen en el devenir de nuestra historia.En este libro, las periodistas Emma Entrena y Silvia Ortiz se adentran en este legado de horror. Con la rigurosidad que las caracteriza, nos ofrecen un viaje por los grandes misterios de la geografía española, por las criaturas que acechan en nuestro inconsciente y por los monstruos, en ocasiones demasiado humanos, que han dejado huella en nuestro pasado.
Terrorism: Law and Policy
by David LoweTerrorism: Law and Policy provides a comprehensive socio-legal analysis of issues related to terrorist activity. Aimed at both undergraduate and postgraduate students, the book takes a comparative approach to the law related to terrorism in a number of states, mainly those in Europe, North America, Australia and New Zealand. Beginning with an examination of the background to various currently active terrorist groups, the book focuses on those groups which are currently active and which pose a threat to security, especially at the international level. The chapters take the reader through the legal definitions of terrorism contained in various states’ statutory provisions and examine how the courts have interpreted terrorism in those states’ jurisdictions. The main aim of any terrorist investigation is prevention and so the book examines the various statutory preventative measures that states have introduced and explores the legal issues surrounding surveillance, terrorism intelligence exchange, radicalisation, use of social media, quasi-criminal provisions, asset-freezing and the nexus between terrorist activity and organised crime. Bringing together a number of themes related to terrorism and security from a uniquely legal perspective, this book builds a comparative picture of the legal counter-terrorism interventions states are adopting to increase co-operation and adopt a more united approach in the face of the international terrorism threat.
Terrorism and Counterterrorism
by Carl WellmanThis book presents a definition of terrorism that is broad and descriptive and much needed to prevent misunderstanding. The book identifies the features that make terrorism 'wrong', including coerciveness, the violation of rights and undermining of trust. Next, it evaluates reasons given for terrorism such as the protection of human rights and the liberation of oppressed groups as not normally justified. Following this, the book identifies and evaluates international responses to terrorism, taking into account General Assembly and Security Council resolutions, United Nations conventions and criminalization in international law. It also looks at national responses which often take the shape of surveillance, detention, interrogation, trials, targeted killings, intrusion and invasion. Finally, the book discusses how, if at all, the moral norms of personal morality apply to the actions of nation states.
Terrorism and Counterterrorism in Canada (Canada Among Nations)
by Littlewood JezThrough close analysis of the Canadian context, Terrorism and Counterterrorism in Canada provides an advanced introduction to the challenges and social consequences presented by terrorism today. Featuring contributions from both established and emerging scholars, it tackles key issues within this fraught area and does so from multiple disciplinary perspectives, using historical, quantitative, and qualitative lenses of analyses to reach novel and much-needed insights. Throughout the volume, the editors and contributors cover topics such as the foreign fighter problem, far-right extremism, the role of the internet in fostering global violence, and the media’s role in framing the discourse on terrorism in Canada. Also included are essays that look at the struggles to develop specific counter-terrorism policies and practices in the face of these threats. In addition to offering a detailed primer for scholars, policymakers, and concerned citizens, Terrorism and Counterterrorism in Canada confronts the social and legal consequences of mounting securitization for marginalized communities.
Terrorism and State Surveillance of Communications
by Simon Hale-Ross David LoweThis book brings together leading counterterrorism experts, from academia and practice, to form an interdisciplinary assessment of the terrorist threat facing the United Kingdom and the European Union, focusing on how terrorists and terrorist organisations communicate in the digital age. Perspectives drawn from criminological, legalistic, and political sciences, allow the book to highlight the problems faced by the state and law enforcement agencies in monitoring, accessing, and gathering intelligence from the terrorist use of electronic communications, and how such powers are used proportionately and balanced with human rights law. The book will be a valuable resource for scholars and students of terrorism and security, policing and human rights. With contributions from the fields of both academia and practice, it will also be of interest to professionals and practitioners working in the areas of criminal law, human rights and terrorism.
Terrorism and the Ethics of War
by Stephen NathansonMost people strongly condemn terrorism; yet they often fail to say how terrorist acts differ from other acts of violence such as the killing of civilians in war. Stephen Nathanson argues that we cannot have morally credible views about terrorism if we focus on terrorism alone and neglect broader issues about the ethics of war. His book challenges influential views on the ethics of war, including the realist view that morality does not apply to war, and Michael Walzer's defence of attacks on civilians in 'supreme emergency' circumstances. It provides a clear definition of terrorism, an analysis of what makes terrorism morally wrong, and a rule-utilitarian defence of noncombatant immunity, as well as discussions of the Allied bombings of cities in World War II, collateral damage, and the clash between rights theories and utilitarianism. It will interest a wide range of readers in philosophy, political theory, international relations, and law.
Terrorism and the Right to Resist
by Christopher J. FinlayThe words 'rebellion' and 'revolution' have gained renewed prominence in the vocabulary of world politics and so has the question of justifiable armed 'resistance'. In this book Christopher J. Finlay extends just war theory to provide a rigorous and systematic account of the right to resist oppression and of the forms of armed force it can justify. He specifies the circumstances in which rebels have the right to claim recognition as legitimate actors in revolutionary wars against domestic tyranny and injustice and wars of liberation against wrongful foreign occupation and colonialism. Arguing that violence is permissible only in a narrow range of cases, Finlay shows that the rules of engagement vary during and between different conflicts and explores the potential for irregular tactics to become justifiable, such as non-uniformed guerrillas and civilian disguise, the assassination of political leaders and regime officials, and the waging of terrorist war against civilian targets.
Terrorism and WMDs: Awareness and Response, Second Edition
by John PichtelTerrorism and WMD’s, Second Edition provides a comprehensive, up-to-date survey of terrorism and weapons of mass destruction (WMDs). Terrorist weapons and delivery methods are becoming increasingly sophisticated; as such, this book focuses on the chemistry and biology of WMDs, the development and history of their use, and human health effects of such weapons. Coverage of new threats, additional case studies, and the emergence of ISIL—and other terrorist actors—have been added to the new edition which will serve as an invaluable resources to students and professionals studying and working in the fields of terrorism, Homeland Security, and emergency response.
Terrorism, Criminal Law and Politics: The Decline of the Political Offence Exception to Extradition (Transnational Criminal Justice)
by Julia JanssonRecent atrocities have ensured that terrorism and how to deal with terrorists legally and politically has been the subject of much discussion and debate on the international stage. This book presents a study of changes in the legal treatment of those perpetrating crimes of a political character over several decades. It most centrally deals with the political offence exception and how it has changed. The book looks at this change from an international perspective with a particular focus on the United States. Interdisciplinary in approach, it examines the fields of terrorism and political crime from legal, political science and criminological perspectives. It will be of interest to a broad range of academics and researchers, as well as to policymakers involved in creating new anti-terrorist policies.
Terrorism, Law and Policy: A Comparative Study
by David LoweTerrorism, Law and Policy: A Comparative Study is a textbook offering a comparative study of the terrorism-related legislation, policy and practice introduced from international governmental bodies such as the UN and the European Union, and individual states, with a focus on Australia, Canada, New Zealand, the UK and the US. It offers a uniquely legal perspective on key themes relating to terrorism and security. This new edition is brought fully up to date with the ever-changing developments in terrorist activity, as well as in states’ approaches to anti-terrorism legislation and policy. It includes new chapters on the far-right and extreme far-right cause, one on offering a comparative study of the anti-terrorism policies of states and international bodies, and the role of international and national counter-terrorism agencies, planning and preparing acts of terrorism and a new chapter on freedom of expression, hate crime and proscribing groups as terrorist organisations. Terrorism, Law and Policy: A Comparative Study is ideally suited for terrorism and security modules at undergraduate and postgraduate levels, and will also be of interest to practitioners working on the legal aspects of these areas.
Terrorism Online: Politics, Law and Technology (Routledge Studies in Conflict, Security and Technology)
by Lee Jarvis Stuart MacDonald Thomas M. ChenThis book investigates the intersection of terrorism, digital technologies and cyberspace. The evolving field of cyber-terrorism research is dominated by single-perspective, technological, political, or sociological texts. In contrast, Terrorism Online uses a multi-disciplinary framework to provide a broader introduction to debates and developments that have largely been conducted in isolation. Drawing together key academics from a range of disciplinary fields, including Computer Science, Engineering, Social Psychology, International Relations, Law and Politics, the volume focuses on three broad themes: 1) how – and why – do terrorists engage with the Internet, digital technologies and cyberspace?; 2) what threat do these various activities pose, and to whom?; 3) how might these activities be prevented, deterred or addressed? Exploring these themes, the book engages with a range of contemporary case studies and different forms of terrorism: from lone-actor terrorists and protest activities associated with ‘hacktivist’ groups to state-based terrorism. Through the book’s engagement with questions of law, politics, technology and beyond, the volume offers a holistic approach to cyberterrorism which provides a unique and invaluable contribution to this subject matter. This book will be of great interest to students of cybersecurity, security studies, terrorism and International Relations.
Terrorism, Ticking Time-Bombs, and Torture: A Philosophical Analysis
by Fritz AllhoffA provocative philosophical investigation into the ethics of torture, The War on Terror, and making tough choices in exceptional circumstances. The general consensus among philosophers is that the use of torture is never justified. In Terrorism, Ticking Time-Bombs, and Torture, Fritz Allhoff demonstrates the weakness of the case against torture; while allowing that torture constitutes a moral wrong, he nevertheless argues that, in exceptional cases, it represents the lesser of two evils. Allhoff does not take this position lightly. He begins by examining the way terrorism challenges traditional norms, discussing the morality of various practices of torture, and critically exploring the infamous ticking time-bomb scenario. After carefully considering these issues from a purely philosophical perspective, he turns to the empirical ramifications of his arguments, addressing criticisms of torture and analyzing the impact its adoption could have on democracy, institutional structures, and foreign policy. The crucial questions of how to justly authorize torture and how to set limits on its use make up the final section of this timely, provocative, and carefully argued book.