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 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 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 Research Handbook on International Law and Terrorism written by Ben Saul and published by Edward Elgar Publishing. This book was released on 2020-04-24 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.
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 1988-10-03 with total page 524 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 Counter Terrorism written by Ana María Salinas de Frías and published by Oxford University Press. This book was released on 2012-01-19 with total page 1229 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 International Legal Dimension of Terrorism written by Pablo Antonio Fernández Sánchez and published by BRILL. This book was released on 2009 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes annex: The Huelva Declaration for an Alliance of Civilizations against Terrorism.
Download or read book Counter Terrorism and International Law written by Katja L.H. Samuel and published by Routledge. This book was released on 2017-03-02 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles and essays in this volume consider the problem of international terrorism from an international legal perspective. The articles address a range of issues starting with the dilemma of how to reach agreement on what constitutes terrorism and how to encapsulate this in a legitimate definition. The essays move on to examine the varied responses to terrorism by states and international organisations. These responses range from the suppression conventions of the Cold War, which were directed at criminalising and punishing various manifestations of terrorism, to more coercive, executive-led responses. Finally, the articles consider the role of the Security Council in developing legal regimes to combat terrorism, for example by the use of targeted sanctions, or by general legislative measures. An evaluation of the contribution of the sum of these measures to the goals of peace and security as embodied in the UN Charter is central to this collection.
Download or read book Global Anti Terrorism Law and Policy written by Victor V. Ramraj and published by Cambridge University Press. This book was released on 2009-04-09 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: All indications are that the prevention of terrorism will be one of the major tasks of governments and regional and international organisations for some time to come. In response to the globalised nature of terrorism, anti-terrorism law and policy have become matters of global concern. Anti-terrorism law crosses boundaries between states and between domestic, regional and international law. They also cross traditional disciplinary boundaries between administrative, constitutional, criminal, immigration and military law, and the law of war. This collection is designed to contribute to the growing field of comparative and international studies of anti-terrorism law and policy. A particular feature of this collection is the combination of chapters that focus on a particular country or region in the Americas, Europe, Africa, and Asia, and overarching thematic chapters that take a comparative approach to particular aspects of anti-terrorism law and policy, including international, constitutional, immigration, privacy, maritime, aviation and financial law.
Download or read book aspects juridiques du terrorisme international written by and published by Martinus Nijhoff Publishers. This book was released on 1989-03-21 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Defining International Terrorism written by Stella Margariti and published by Springer. This book was released on 2017-08-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an attempt to approach the issue of defining international terrorism, proposing that the most workable way to do so is to achieve due balance between the two principal driving forces of international law developments: State sovereignty interests and cosmopolitan ideals. All those who aspire to the promotion of international criminal justice and the fight against impunity agree that the formulation of a universal definition of international terrorism will further enhance the fight against terrorism and offer a universally acceptable legal framework within which this fight can be conducted. Discussed in an in-depth manner are, for instance, the UN Charter Provisions, the Rome Statute and the principle of complementarity, the Kampala amendments on the crime of aggression, the paradigms of aggression and terrorism, and prominent anti-terrorist Security Council Resolutions such as Resolution 1368 and Resolution 1373. The volume broadens the reader’s understanding on how State sovereignty interests and priorities as well as ideals of cosmopolitanism have influenced the development of international law in general and international criminal law in particular. Furthermore, it simplifies the complicated picture of defining international crimes by explaining how the ‘State sovereignty’ and ‘Cosmopolitanism’ dynamics have also been of relevance throughout the drafting process of the definition of the crime of aggression for the purposes of the Rome Statute for the International Criminal Court. In addition, it equips the reader with an understanding of the reasons behind the lack of an international definition for terrorism and suggests an appropriate context within which such a definition can take shape. It intends to appeal to academics and students with an interest in international criminal law and the international criminal justice system, international law and security, but also to anyone with an interest in transnational crime and counter-terrorism. Stella Margariti has recently graduated from the University of Dundee where she attained the title of Doctor from the School of Law.
Download or read book Terrorism Tort Law and Insurance written by Bernhard A. Koch and published by Springer. This book was released on 2003-12-22 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The tragic events of September 11th, 2001, have stirred international debate on how to cope with losses that terrorist acts inflict upon individuals and businesses. While tort law offers several possible responses to this question, insurers, funds and ad hoc legislation often step in as well. This volume brings together renowned tort law experts from Austria, France, Germany, Israel, Italy, South Africa, Spain, Sweden, Switzerland, the United Kingdom, and the United States, who examine compensation for victims of terrorism in their respective jurisdictions. Contributions from the U.S. also address procedural problems of mass tort litigation and present the September 11th Victim Compensation Fund. Further contributions include a survey of liability insurance issues as well as an economic analysis of possible solutions. The book is concluded by a comparative analysis and an assessment of legal policy issues.
Download or read book Terrorism and International Law written by Igorʹ Pavlovich Blishchenko and published by . This book was released on 1984 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cases and Materials on Civil Terrorism Law written by David J. Strachman and published by Lawyers & Judges Publishing. This book was released on 2008 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on civil terrorism law and practice, this text covers major cases as American victims have struggled to find justice through the legal system. The authors discuss the responsibility of the plaintiff to provide proof of liability, feasibility of lawsuits against terrorist organizations, and more.
Download or read book Legal Aspects of International Terrorism written by American Society of International Law and published by Free Press. This book was released on 1978 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: I værket behandles emneområderne: Terroristhandlinger imod fly og luftfartsinstallationer, kernekraftanlæg eller -materiel, oceangående skibe og konstruktioner i havet (boreplatforme o.lign.), ABC-våben, vandforsynings- og naturgasanlæg, terroristhandlinger mod diplomater og transnational handelsvirksomhed.
Download or read book Terrorism and International Law written by Maurice Flory and published by Routledge. This book was released on 2014-12-02 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proliferation in terrorist activity has provoked an increase in the body of law, both at national and international level, which has sought to counter and prevent it. The bodies involved in this process range from the UN Security Council to government legislatures. This book is the first to address, in one volume, the wide variety of responses to terrorism as they exist in both international and domestic contexts. It also represents the first ever comprehensive collection of documents referring to terrorism which are to be found in the laws of the UK and France as well as in international law. Terrorism and International Law comprises contributions by thirteen well-known authorities in the areas of international, French and UK law, and is divided into four main sections: international cooperation against terrorism, the French and British responses to terrorism, the limits of state action and a documentary supplement. The contributors have sought to show how international and domestic law can be used together to combat the multi-faceted problems which terrorism raises. The issue of human rights is also discussed with particular reference to the jurisprudence of the European Commission and Court of Human Rights. The fourth documentary section of the book provides coverage of international treaties, UN resolutions, UK and French legislation, case-law and official statements relating to terrorism. This book provides an invaluable source of commentary and reference material in the area of terrorism and international and domestic law which will be useful for practitioners, diplomats, students and teachers.
