Counterterrorism and the Comparative Law of Investigative Detention
Author:
Publisher: Cambria Press
Published:
Total Pages: 274
ISBN-13: 1621969509
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Counterterrorism and Investigative Detention
Author: Stigall, Dan E.
Publisher: Edward Elgar Publishing
Published: 2021-09-10
Total Pages: 272
ISBN-13: 1800887183
DOWNLOAD EBOOKCounterterrorism and Investigative Detention explores the practice of investigative detention of terrorist suspects in the legal systems of the United States, the United Kingdom, and France. In addition to illuminating the characteristics, capabilities, and limitations of various investigative detention regimes, this book examines ways in which international law and national security imperatives have served as vectors for change and convergence in these otherwise divergent legal systems.
Counterterrorism and the Comparative Law of Investigative Detention
Author: Dan E. Stigall
Publisher:
Published: 2014-05-14
Total Pages: 273
ISBN-13: 9781624992001
DOWNLOAD EBOOK"A must read and a breakthrough work ... The book makes clear the importance of comparing, learning from, and adapting legal systems to the ever-changing world, while maintaining the integrity of the Constitution. The subtlety of the book shows deep understanding of these legal regimes, something most legal analysts and policy makers from both systems sorely lack ... a most timely and valuable analysis."- Prof. Christopher L. Blakesley, University of Nevada, Las Vegas, and author of Terrorism and Anti-Terrorism: A Normative and Practical Assessment "A careful and authoritative account of the controversial practice of investigative detention as a tool for responding to terrorism in a post-September 11th world. Informed by an impressive knowledge of American, British, and French law, Stigall's book reflects a distinctive comparative perspective. It deserves to be read not only by scholars and students in the field but also by policy makers on both sides of the Atlantic." - Prof. Stuart P. Green, Rutgers School of Law-Newark "Dan Stigall's analysis highlights the danger of dismissing a comparative approach, for he has most effectively used the British and French experience in discussing detention. While no regime has the answer (an illusion, at best), democratic nations can well learn from each other's successes and failures. Precisely for that reason, policy makers, jurists, and the concerned public owe Dan a collective thanks; in addressing the extraordinarily complicated issue of detention from a comparative perspective, he has truly bitten off a very large bite of a problematic apple. That he has done so is to our benefit; that he has done so successfully is to his credit. While we shall continue to struggle with the limits of detention and what legal paradigm is the "correct" one, we are the richer for Dan's book. It can serve as an effective "guide" as we continue to traverse the never-ending field of terrorism and counterterrorism." - Amos N. Guiora, Professor of Law, S. J. Quinney College of Law, University of Utah
Counterterrorism and Investigative Detention
Author: Dan E. Stigall
Publisher: Edward Elgar Publishing
Published: 2021-09-07
Total Pages: 272
ISBN-13: 9781800887176
DOWNLOAD EBOOKCounterterrorism and Investigative Detention explores the practice of investigative detention of terrorist suspects in the legal systems of the United States, the United Kingdom, and France. In addition to illuminating the characteristics, capabilities, and limitations of various investigative detention regimes, this book examines ways in which international law and national security imperatives have served as vectors for change and convergence in these otherwise divergent legal systems. The chapters include an examination of the way in which each country has experienced and confronted terrorism; an overview of each country's legal system; a detailed analysis of each country's counterterrorism laws; and a discussion of the ways in which international law has impacted their respective counterterrorism approaches. This book, therefore, is situated at the nexus of comparative law, international law, and national security, providing scholars and policymakers with insight into how different countries with contrasting legal traditions address a common national security threat. This compelling discussion of how different legal systems use their detention laws to address the threat of terrorism will be of interest to comparative lawyers, international lawyers, and national security professionals.
Counter-Terrorism
Author: Ana María Salinas de Frías
Publisher: Oxford University Press
Published: 2012-01-19
Total Pages: 1229
ISBN-13: 019960892X
DOWNLOAD EBOOKGovernment 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.
Comparative Counter-Terrorism Law
Author: Kent Roach
Publisher: Cambridge University Press
Published: 2015-07-23
Total Pages: 839
ISBN-13: 1316381099
DOWNLOAD EBOOKTerrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real-world application. Including a thematic introduction and conclusion, this book will help to establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law.
Counterterrorism Law
Author: Stephen Dycus
Publisher: Aspen Publishing
Published: 2020-06-02
Total Pages: 1328
ISBN-13: 1543820999
DOWNLOAD EBOOKCounterterrorism Law
The Law of Investigative Detention
Author: Alec Fiszauf
Publisher:
Published: 2013-01-01
Total Pages: 280
ISBN-13: 9780433467694
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Author: Charles A. Shanor
Publisher:
Published: 2011
Total Pages: 0
ISBN-13: 9781609300166
DOWNLOAD EBOOKThis casebook, in a logical and student-friendly format, presents the challenges that terrorism poses to the law. The decisions of Congress, the President, and the courts are organized around various counterterrorism strategies and processes. Strategies used in the United States are compared with those of other nations. The cases and notes explore fascinating issues seldom found elsewhere in law schools such as, crimes punishing speech; warrantless searches and seizures; data mining; foreign intelligence surveillance; extraordinary rendition; state secrets; lengthy military detention; enhanced interrogation techniques; unusual trial forums and processes; targeted killings; immigration sweeps; and compensation barriers. Illustrations include: boundary-blurring between criminal and military law reconsideration of traditional detention and interrogation practices mingling of investigation and intelligence-gathering exceptions to constitutional protections of individual rights new fault lines between courts, the executive, and Congress modifications to the law of armed conflict revisions to immigration law unique aspects of compensation systems related to terrorism. The book is structured into the following chapters and topics: Chapter I provides a broad brush introduction, primarily non-legal, to terrorism and counterterrorism, a short substitute for an undergraduate overview of this field. Chapters II and III explore antiterrorism criminal law (including punishments) and criminal procedures related to finding terrorists. Chapter IV then examines in detail a specific investigatory tool, foreign intelligence surveillance. Chapters V-VII present the legal battles over civilian and military detention and interrogation of alleged terrorists and the processes (mainly habeas corpus) for ending detention. Trial processes concerning defendants c
Counter-terrorism and the Detention of Suspected Terrorists
Author: Claire Macken
Publisher: Routledge
Published: 2013-03-01
Total Pages: 295
ISBN-13: 1136741860
DOWNLOAD EBOOKIn a regional, national and global response to terrorism, the emphasis necessarily lies on preventing the next terrorist act. Yet, with prevention comes prediction: the need to identify and detain those considered likely to engage in a terrorist act in the future. The detention of ‘suspected terrorists’ is intended, therefore, to thwart a potential terrorist act recognising that retrospective action is of no consequence given the severity of terrorist crime. Although preventative steps against those reasonably suspected to have an intention to commit a terrorist act is sound counter-terrorism policy, a law allowing arbitrary arrest and detention is not. A State must carefully enact anti-terrorism laws to ensure that preventative detention does not wrongly accuse and grossly slander an innocent person, nor allow a terrorist to evade detection. This book examines whether the preventative detention of suspected terrorists in State counter-terrorism policy is consistent with the prohibitions on arbitrary arrest and detention in international human rights law. This examination is based on the ‘principle of proportionality’; a principle underlying the prohibition on arbitrary arrest as universally protected in the Universal Declaration of Human Rights, and given effect to internationally in the International Covenant on Civil and Political Rights, and regionally in regional instruments including the European Convention on Human Rights. The book is written from a global counter-terrorism perspective, drawing particularly on examples of preventative detention from the UK, US and Australia, as well as jurisprudence from the ECHR.
