Transnational Terrorism and State Accountability
7,759.60₹ 9,699.50₹
Hurry up! Offer ends in:
- Author: BRUNO SIMMA
- ISBN: 9781849462853
- Availability: In Stock
Buy Transnational Terrorism and State Accountability | Law Books , FOREIGN BOOKS
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' counter terrorism
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 counter terrorism 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 counter terrorism 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-Joel
Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law,
Science, and Policy from the Society of Policy Scientists.