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Terrorism and the State: Rethinking the Rules of State Responsibility de Dr Tal Becker

Terrorism and the State: Rethinking the Rules of State Responsibility: Hart Monographs in Transnational and International Law

Autor Dr Tal Becker
en Limba Engleză Paperback – 22 mar 2006
Winner of the 2007 Paul Guggenheim Prize!Today's terrorists possess unprecedented power, but the State still plays a crucial role in the success or failure of their plans. Terrorists count on governmental inaction, toleration or support. And citizens look to the State to protect them from the dangers that these terrorists pose. But the rules of international law that regulate State responsibility for preventing terrorism were crafted for a different age. They are open to abuse and poorly suited to hold States accountable for sponsoring or tolerating contemporary terrorist activity. It is time that these rules were reconceived. Tal Becker's incisive and ground-breaking book analyses the law of State responsibility for non-State violence and examines its relevance in a world coming to terms with the threat of catastrophic terrorism. The book sets out the legal duties of States to prevent, and abstain from supporting, terrorist activity and explores how to maximise State compliance with these obligations. Drawing on a wealth of precedents and legal sources, the book offers an innovative approach to regulating State responsibility for terrorism, inspired by the principles and philosophy of causation. In so doing, it presents a new conceptual and legal framework for dealing with the complex interactions between State and non-State actors that make terrorism possible, and offers a way to harness international law to enhance human security in a post-9/11 world.
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Specificații

ISBN-13: 9781841136271
ISBN-10: 1841136271
Pagini: 304
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.61 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Monographs in Transnational and International Law

Locul publicării:London, United Kingdom

Caracteristici

Tal Becker's incisive and ground-breaking book analyses the law of State responsibility for non-State violence and examines its relevance in a world coming to terms with the threat of catastrophic terrorism.

Notă biografică

Dr Tal Becker was legal counsel to the Permanent Mission of Israel to the United Nations from 2001-2005 and has served as Vice-Chairman of the Legal Committee of the UN General Assembly. Dr Becker received his doctorate from Columbia University, and holds a masters degree from the Hebrew University. He lives in Jerusalem with his wife, Naomi, and their three children.

Cuprins

1. Introduction1.1 Terrorism and the State1.2 The Law of State Responsibility for Private Acts1.3 The Challenge of September 11th 1.4 Overview of ResearchPart I: State Responsibility for Private Acts: Theory and Practice2. State Responsibility for Private Acts: The Evolution of a Doctrine2.1 Introduction2.2 The Origin of State Responsibility and the General Principle of Non-Attribution of Private Acts2.3 The Doctrine of Collective Responsibility2.4 The Theory of Complicity 2.5 The Janes Case2.6 The Condonation Theory and the Calculation of Damage2.7 The Separate Delict Theory2.8 The Presentation of the Separate Delict Theory to the ILC 2.9 Conclusion3. The Agency Paradigm: The Principle of Non-Attribution and its Exceptions3.1 The Principle of Non-Attribution of Private Acts and the Separate Delict Theory: The ILC Text and the Claim of Universal Application.3.2 Recent Applications of the Separate Delict Theory 3.3 The Exceptions3.4 ConclusionPart II State Responsibility for Private Acts of Terrorism: Conventional Perspectives4. To Prevent and to Abstain: International Obligations of States with Respect to Terrorism4.1 Introduction4.2 Towards a Definition of Terrorism4.3 Counter-Terrorism Obligations of the State: The Duty to Prevent and to Abstain 4.4 The Standard of Care and the Burden of Proof: Determining State Responsibility for Violations of Counter-Terrorism Obligations4.5 Conclusion5. State Responsibility for Private Acts of Terrorism5.1 A Distinction with a Difference5.2 State Resonsibility for Private Acts of Terrorism before September 11: Three Theories5.3 Use of Force as Lex Specialis5.4 State Practice before September 11th5.5 Conclusion6. The Challenge of September 11th and the Academic Response6.1 September 11th and the International Reaction6.2 The Academic Response6.3 Conclusion: The Dissonance between Theory and Practice7. Inadequacies of Existing Approaches to State Responsibility for Terrorism7.1 Introduction7.2 Contemporary Forms of State Involvement in Terrorism 7.3 The Inadequacies of the Agency Paradigm7.4 The Inadequacies of Use of Force Standards7.5 The Inadequacies of Absolute or Strict Responsibility7.6 Towards a Model of State Responsibility for Terrorism: The Inter-penetration of the Public and Private Sphere7.7 Conclusion Part III: State Responsibility for Terrorism: A Causal Analysis8. Causation-based Responsibility8.1 Introduction: Agency and Causation8.2 A Word about Private Law Analogies8.3 Common Sense Causation: Some Basic Principles8.4 Echoes of Causation-based Responsibility in International Law8.5 Conclusion9.Causation-based State Responsibility for Terrorism9.1 Introduction9.2 A Causal Model of State Responsibility for Terrorism: Applying a Four-step Process9.3 Returning to the Problem of Burden of Proof9.4 Testing the Practical Viability of a Causal Model9.5 Conclusion: The Policy Benefits of a Causal Model and its Status under International Law

Recenzii

Not only has Becker succeeded in producing a tightly argued yet elegantly written piece of legal scholarship, but he has also convincingly shown how principles of causation can be employed to hold states accountable for private acts of terrorism. His book makes an important contribution to the law of state responsibility.one may expect that before long Becker's arguments for broadening the scope of state responsibility for private acts of terrorism will be taken up on the international stage.
The author addresses the subject very succinctly.This book will serve as a useful source of reference for scholars, academicians and government officials working in this field.
.a tour de force in the literature on state responsibility. His scholarship is impeccable.
.comprehensive and clear, original and substantiated, conceptual and practical.A great international law book, Terrorism and the State is open to competing readings and, simultaneously, conveys a clear argument.Terrorism and the State is clearly the most significant contribution to the field of state responsibility since the ILC Draft Articles of 2001
Becker is a learned and careful commentator, and international lawyers will benefit from reading his book.
.the bibliography is most impressive.his call for clarity and certainty in an attempt to base actions on 'sound legal foundations' is admirable.
'Terrorism and the State' is of great interest as it deals with present day questions. References to the late 19th century practice of State responsibility for private acts together with considerations on how the matter generally influences the relationship between public and private domains in international law prove to be particularly interesting.
Aside from its important thesis, Terrorism and the State is a thorough resource on state responsibility and terrorism in international law and broaches topics whose importance grows daily.

Descriere

This ground-breaking book analyses the law of State responsibility for non-State violence and examines its relevance in the modern world.