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E-raamat: Long Decade: How 9/11 Changed the Law [Oxford Scholarship Online e-raamatud]

Edited by (Assistant Professor of International Law and Director of the Centre for Internation), Edited by (Associate Professor of Comparative Constitutional Law, University of Copenhagen School of Law), Edited by (PhD Fellow, University of Copenhagen School of Law)
  • Formaat: 368 pages
  • Ilmumisaeg: 15-May-2014
  • Kirjastus: Oxford University Press Inc
  • ISBN-13: 9780199368327
  • Oxford Scholarship Online e-raamatud
  • Raamatu hind pole hetkel teada
  • Formaat: 368 pages
  • Ilmumisaeg: 15-May-2014
  • Kirjastus: Oxford University Press Inc
  • ISBN-13: 9780199368327
The terrorist attacks of 9/11 precipitated significant legal changes over the ensuing ten years, a "long decade" that saw both domestic and international legal systems evolve in reaction to the seemingly permanent threat of international terrorism. At the same time, globalization produced worldwide insecurity that weakened the nation-state's ability to monopolize violence and assure safety for its people.

The Long Decade: How 9/11 Changed the Law contains contributions by international legal scholars who critically reflect on how the terrorist attacks of 9/11 precipitated these legal changes. This book examines how the uncertainties of the "long decade" made fear a political and legal force, challenged national constitutional orders, altered fundamental assumptions about the rule of law, and ultimately raised questions about how democracy and human rights can cope with competing security pressures, while considering the complex process of crafting anti-terrorism measures.
List of Contributors vii
Acknowledgments xiii
Introduction
1 The Long Decade
3(28)
David Jenkins
Part One: Fear and the Security Agenda
2 Security and Liberty: Critiques of the Trade-Off Thesis
31(14)
Adrian Vermeule
3 Security vs. Liberty: On Emotions and Cognition
45(22)
Oren Gross
4 Preventing What? Post-9/11 Misiori Amnesia and Mission Creep
67(20)
Kent Roach
Part Two: Terrorism in a Borderless World
5 The War on Terrorism and International Law: Toward a Continental Divide
87(16)
Amnon Lev
6 A European Security Constitution?
103(18)
Kaarlo Tuori
7 Counter-Terrorism's Engagement with Transnational Legality
121(20)
Victor V. Ramraj
Part Three: Constitutions under Stress
8 Legal and Political Constitutionalism, and the Response to Terrorism
141(14)
Mark Tushnet
9 Guantanamo Bay, the Rise of the Courts, and the Revenge of Politics
155(14)
Fiona de Londras
10 Citizenship and the Limits of Due Process since 9/11
169(18)
David Jenkins
Part Four: Risk Prevention
11 "Protect" against Terrorism: In Service of the State, the Corporation, or the Citizen?
187(22)
Clive Walker
12 The Influence of 9/11 on Swedish Anti-terrorism Policy and Measures
209(20)
Lain Cameron
Part Five: Democratic Accountability, Human Rights, and the Rule of Law
13 Terrorist Threats and Judicial Deference
229(20)
Jens Elo Rytter
14 Open Secrets in U.S. Counter-Terrorism Policy
249(20)
Amanda Jacobsen
15 Views from Mars, Views from Venus: Minding the Gap between What We Say and What We Do on Terrorism"
269(20)
Gabor Rona
Epilogue
16 Human Rights and Counter-Terrorism: Lessons from a Long Decade
289(16)
Martin Scheinin
Bibliography 305(28)
Index 333
David Jenkins is an Associate Professor of Comparative Constitutional Law at the University of Copenhagen School of Law. His area of specialization is comparative constitutional law, with a focus on security issues. He is an attorney-at-law in the United States, earning his J.D. from Washington and Lee University School of Law and his research doctorate through the McGill University Institute of Comparative Law.

Amanda Jacobsen is a Research Fellow at the University of Copenhagen. Her areas of specialization are international human rights law and U.S. Constitutional law, and her specific research interests are information access and national security laws. She is licensed to practice law in the United States and earned her J.D. from Duke University. As a practicing attorney, she is habeas counsel for a former-CIA and current Guantanamo prisoner.

Anders Henriksen is an Associate Professor of International Law and Director of the Centre for International Law and Justice at the University of Copenhagen School of Law. Professor Henriksen specializes in international law, while focusing on the regulation of interstate use of force and the laws of war. He has previously worked for the Danish Institute for Military Studies.