Human Rights & Justice
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The United Nations Security Council, terrorism and the rule of law
The United Nations Security Council is in a unique position amongst interstate bodies. It is entrusted by an institution with almost universal …
Terror, reason and rights
The history of emergency legislation is not a proud one. From the appointment of dictators rei gerundae causa in the days of …
Safety and security
People talk about a trade-off between security and liberty. But what do they mean by security? We know what’s at stake in …
The criminal law and its less restrained alternatives
Many societies instinctively and quickly reach for the criminal law as a response to terrorism. Th e first part of this chapter …
Anti-terrorism laws: balancing national security and a fair hearing
Increasingly since 9/11, national security questions have arisen in civil litigation, in areas as diverse as immigration, family law and contractual disputes. …
Moderate secularism, religion as identity and respect for religion
One of the features of the ‘cultural turn’ in social studies and of identity politics is that, while many think one or …
Our responsibility to respect the rights of others: legality and humanity
States tend to be concerned about self-definition, and immigration law arose as one attempt to mark out territory by establishing a regulatory …
Transplantation
In the first edition of this volume, I suggested that in liberal–democratic states, it is a spiral, not a pendulum, that best …
Rocks, hard places and human rights: anti-terrorism law and policy in Arab states
This chapter provides an overview of legislative developments in Arab states following the passage of Security Council Resolution 1373, focusing on definitions …
‘Prevent’ responses to jihadi extremism
Changes in the nature of jihadi terrorism, its likely proponents, and its potential temporal and geographical extent have tipped counter-terrorism more towards …
Legislating anti-terrorism: observations on form and process
The likely conduct of the three arms of government in responding to threats to national security – and the strengths and weaknesses …
The impossibility of global anti-terrorism law?
h e unfolding of legal developments around the world post-9/11 is a familiar story. In the days following the attacks, the US …