Suchergebnisse

This book employs insights from literature and the humanities to explore how international law can, once again, become a compelling language for our times. It argues that international lawyers are disabled by the governing idioms of international lawyering, and that they may be re-enabled by speaking international law in new and original ways.

Examines new international terrorism initiatives in terms of their generation of a satisfactory definition of, & common approach to, terrorism. It is noted that the two most common ways of defining terrorism are problematic as under- or overinclusive. Thus, five general approaches developed in the pre-2002 legal environment are considered: (1) establishment of international conventions, (2) creation & enforcement of human rights law & international humanitarian law, (3) development of domestic laws, (4) emergence in customary international law of offense categories over which states have universal jurisdiction, & (5) state use of military forces against terrorist organizations. Relevant developments in 2002 are discussed in relation to these, finding innovation to be a feature in efforts to confront post-11 September 2001 terrorism problems. Four dichotomies are identified in these efforts to respond to & define terrorism: (A) international-domestic tensions, (B) terrorism as a problem of war requiring use of force & humanitarian law & a problem of peace handled via law enforcement, (C) terrorism as political vs legal issue, & (D) terrorism as state-sponsored or nonstate crime (or combination thereof). Further policy development requires the resolving of four problems: (i) domestic vs international criminal enforcement, (ii) the dichotomy in how terrorism emerges in times of war & peace, (iii) legal vs direct action (eg, use of force) solutions to terrorism, & (iv) characterization of terrorism as issue of state or individual culpability. J. Zendejas