Download or read book Finding the Tort of Terrorism in International Law written by Beth Van Schaack and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article - part of a symposium on civil litigation and terrorism - focuses on the potential of the Alien Tort Statute (ATS) to serve as a vehicle for asserting civil claims in U.S. courts for acts of terrorism. Although this paper primarily considers terrorism torts under the "law of nations" prong of the ATS (which requires a showing that the relevant prohibition is part of customary international law), terrorism torts may provide a vehicle for activating the ATS's dormant treaty prong as well, given the strong support for the terrorism treaties exhibited by the United States and the high degree of domestic incorporation of the crimes identified therein. One of the first modern cases to be filed under the Alien Tort Statute, Tel-Oran v. Libyan Arab Republic, immediately called into question the utility of the ATS as a counter-terrorism tool. Ever since, the statute has been relatively underutilized in this context, even while U.S. courts have gradually extended jurisdiction under the ATS over other international crimes. Meanwhile, the U.S. Congress has vastly expanded opportunities for U.S. nationals to pursue civil claims in domestic courts for acts of terrorism. For example, the Antiterrorism Act (ATA) enables U.S. nationals - as well as their estates, survivors, and heirs - to sue individuals responsible for personal, property, or business injuries incurred by reason of acts of international terrorism. U.S. victims and claimants may also sue states and state agents implicated in acts of terrorism under the Foreign Sovereign Immunity Act (FSIA), so long as the state itself has been specifically designated as a "sponsor of terrorism" by the Department of State or where the circumstances otherwise satisfy one of the codified exceptions to foreign sovereign immunity. As compared with these statutory causes of action for U.S. citizen victims and claimants, only the ATS has the potential to provide jurisdiction over civil claims arising out of acts of terrorism brought by non-nationals who have access to U.S. courts. This paper argues that the uncertainty surrounding the availability of the ATS to permit such terrorism claims reveals a lacuna in the United States' anti-terrorism statutory scheme. Since the U.S. Supreme Court issued its landmark opinion in Sosa v. Alvarez-Machain and finally set forth a methodology for considering actionable claims under the ATS, a few cases involving terrorism allegations have begun to work their way through the federal court system. Although it is still difficult to draw broad conclusions, the existing cases do demonstrate that the various federal statutes - the ATA, FSIA, and ATS - can work in tandem to provide causes of action to alien and U.S. plaintiffs injured in terrorist incidents. Furthermore, litigants are creatively utilizing multiple causes of action drawn from statutes, the common law, and international law to press their claims. While the federal courts have yet to definitively recognize a standalone cause of action for terrorism stricto sensu, developments in the law of terrorism at the international level reveal the gradual crystallization of a consensus set of elements that comprise a definitive prohibition against terrorism applicable to all but a narrow set of circumstances. What lingering definitional impasse exists highlights an unsettled and highly contentious area of international law: the legal categorization and consequences of attacks by unprivileged combatants against privileged combatants or military targets. In all other situations, the international law governing acts of terrorism is sufficiently precise, robust, and uncontroversial to support the recognition by the federal courts of a cause of action for terrorism under the ATS, assuming the other jurisdictional requirements are satisfied. Recognizing such causes of action will bolster the United States' counter-terrorism regime by enabling a broader array of victims of acts of terror to pursue the assets of individuals and groups that finance or otherwise support acts of terrorism.
Download or read book International Law Documents Relating to Terrorism written by Omer Elagab and published by Cavendish Publishing. This book was released on 1997-05 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brings together the basic documents in international law relating to terrorism, extracts from judicial decisions and the relevant UK material. The text covers such areas as terrorism and hostage-taking, maritime terrorism, the control of State terrorism, and extradition. Each document is selectively reproduced and introduced with a brief comment on its history and current normative value.
Download or read book Legal Responses to International Terrorism written by M Cherif Bassiouni and published by Martinus Nijhoff Publishers. This book was released on 1988-10 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Defining Terrorism in International Law written by Ben Saul and published by Oxford University Press, USA. This book was released on 2006-08-31 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explains why the international community should define and criminalise terrorism, how it should define it, and what it should exclude from the definition of terrorism.
Download or read book Research Handbook on International Law and Terrorism written by Ben Saul and published by Edward Elgar Publishing. This book was released on 2014-06-30 with total page 797 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The 40 experts assembled by Ben Saul who are addressing the many-faceted legal issues connected to the ever-expanding meaning of "terrorism" are remarkable. Even after 50 years of scholarship on the subject, a book like this one is both relevant and useful.' - Cherif Bassiouni, DePaul University College of Law, US This Handbook brings together leading scholars and practitioners to examine the prolific body of international laws governing terrorism. It exhaustively covers the global response to terrorism in transnational criminal law, the international law on the use of force, international humanitarian law, international human rights law, the law of State responsibility, the United Nations Security Council, General Assembly, UN specialised bodies, and regional organisations. It also addresses special legal issues in dealing with terrorism such as gender, religion, victims of terrorism, weapons of mass destruction, and customary law.
Download or read book Counter Terrorism written by Ana María Salinas de Frías and published by OUP Oxford. This book was released on 2012-01-19 with total page 1232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.
Download or read book Decoding International Law written by Susan Tiefenbrun and published by Oxford University Press. This book was released on 2010-04-14 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violations of international law and human rights laws are the plague of the twentieth and twenty-first centuries. Violence and the flagrant violation of human rights have a naturally dramatic effect that inspires writers, film makers, artists, philosophers, historians, and legal scholars to represent these horrors in their work. In Decoding International Law: Semiotics and the Humanities, Professor Tiefenbrun helps readers understand international law as represented indirectly in the humanities.
Download or read book Unrecognised Subjects in International Law written by Władysław Czapliński and published by Wydawnictwo Naukowe Scholar. This book was released on 2019-01-23 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: edited by Władysław Czapliński and Agata Kleczkowska The book discusses a variety of issues related to two important international law institutions: international legal personality and recognition. Respective studies concern the legal situation and classification of various categories of non-recognised entities, the obligation to recognise and not to recognise specific subjects, rights and obligations of those entities (including, for example, state immunity and obligations in respect of human rights), and international liability for unlawful recognition. The authors of the texts are both eminent scientists, recognised specialists in the field of international law, as well as young lawyers, just starting their adventure with research work. The authors come from various parts of the world and represent a diverse approach to research methodology. Authors: Maurizio Arcari, Chun-i Chen, Władysław Czapliński, Natividad Fernández Sola, Łukasz Gruszczyński, Shotaro Hamamoto, Agata Kleczkowska, Anne Lagerwall, Margaret E. McGuinness, Marcin Menkes, Enrico Milano, Stefan Oeter, Dagmar Richter, Przemysław Saganek, Galina Shinkaretskaia, María Isabel Torres Cazorla, Szymon Zaręba.
Download or read book Tort Liability for Human Rights Abuses written by George P Fletcher and published by Bloomsbury Publishing. This book was released on 2008-10-03 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advancing a bold theory of the relevance of tort law in the fight against human rights abuses, celebrated US law professor George Fletcher here challenges the community of international lawyers to think again about how they can use the Alien Tort Statute. Beginning with an historical analysis Fletcher shows how tort and criminal law originally evolved to deal with similar problems, how tort came to be seen as primarily concerned with negligence and how the Alien Tort Statute has helped establish the importance of tort law in international cases. In a series of cases starting with Filartiga and culminating most recently in Sosa, Fletcher shows how torture cases led to the reawakening of the Alien Tort Statute, changing US law and giving legal practitioners a tool with which to assist victims of torture and other extreme human rights abuses. This leads to an examination of Agent Orange and the possible commission of war crimes in the course of its utilisation, and the theory of liability for aiding and abetting the US military and other military forces when they commit war crimes. The book concludes by looking at the cutting-edge cases in this area, particularly those involving liability for funding terrorism, and the remedies available, particularly the potential offered by the compensation chamber in the International Criminal Court.
Download or read book Non State Actors in International Law written by Math Noortmann and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors' position in international law – neo-positivism, the policy-oriented approach and transnational law – are covered at the beginning of the book, and the essential political science perspectives – on non-state actors' role in international politics and globalisation, as well as their soft power – are presented at the end.
Download or read book Terrorism written by Charles Townshend and published by Oxford University Press. This book was released on 2018 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Is terrorism crime or war? Can there be a 'war against terrorism'? In this fully updated edition, Charles Townshend unravels the questions at the heart of the problem of terrorism - its causes, methods, effects, and limitations - suggesting that it must be understood as a political strategy whose threat can be rationally grasped and answered"--Publisher's description.
Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
Download or read book Peremptory Norms of General International Law Jus Cogens and the Prohibition of Terrorism written by Aniel Caro de Beer and published by BRILL. This book was released on 2019-02-19 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Peremptory Norms of International Law and Terrorism (Jus Cogens) and the Prohibition of Terrorism, Aniel de Beer evaluates the role of peremptory norms of international law or jus cogens in the fight against terrorism.
Download or read book The Oxford Handbook of the International Law of Global Security written by Chair of International Law and Security Robin Geiß and published by Oxford University Press, USA. This book was released on 2021-02-16 with total page 1197 pages. Available in PDF, EPUB and Kindle. Book excerpt: On a global scale, the central tool for responding to complex security challenges is public international law. This handbook provides a comprehensive and systematic overview of the relationship between international law and global security.
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book Punishing Atrocities Through a Fair Trial written by Jonathan Hafetz and published by . This book was released on 2018-04-19 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punishing Atrocities through a Fair Trial examines the tension between punishing mass atrocity and ensuring a fair trial for defendants.
Download or read book The Oxford Guide to International Humanitarian Law written by Ben Saul and published by Oxford University Press. This book was released on 2020-05-07 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.
