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The Long Decade: How 9/11 Changed the Law

Edited by: David Jenkins, Amanda Jacobsen, Anders Henriksen

ISBN13: 9780199368327
Published: May 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £107.50



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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.

Subjects:
Human Rights and Civil Liberties, Public International Law
Contents:
CONTRIBUTORS AND EDITORS
ACKNOWLEDGMENTS
INTRODUCTION
CHAPTER 1
THE LONG DECADE
DAVID JENKINS

PART I: FEAR AND THE SECURITY AGENDA
CHAPTER 2
SECURITY AND LIBERTY: CRITIQUES OF THE TRADEOFF THESIS
ADRIAN VERMEULE
CHAPTER 3
SECURITY VS. LIBERTY: ON EMOTIONS AND COGNITION
OREN GROSS
CHAPTER 4
PREVENTING WHAT? POST-9/11 MISSION AMNESIA AND MISSION CREEP
KENT ROACH

PART II: TERRORISM IN A BORDERLESS WORLD
CHAPTER 5
THE WAR ON TERRORISM AND INTERNATIONAL LAW: TOWARDS A CONTINENTAL DIVIDE
AMNON LEV
CHAPTER 6
A EUROPEAN SECURITY CONSTITUTION?
KAARLO TUORI
CHAPTER 7
COUNTER-TERRORISM'S ENGAGEMENT WITH TRANSNATIONAL LEGALITY
VICTOR V. RAMRAJ

PART III: CONSTITUTIONS UNDER STRESS
CHAPTER 8
LEGAL AND POLITICAL CONSTITUTIONALISM, AND THE RESPONSE TO TERRORISM
MARK TUSHNET
CHAPTER 9
GUANTANAMO BAY, THE RISE OF THE COURTS AND THE REVENGE OF POLITICS
FIONA DE LONDRAS
CHAPTER 10
CITIZENSHIP AND THE LIMITS OF DUE PROCESS SINCE 9/11
DAVID JENKINS

PART IV: RISK PREVENTION
CHAPTER 11
'PROTECT' AGAINST TERRORISM: IN SERVICE OF THE STATE, THE CORPORATION, OR THE CITIZEN?
CLIVE WALKER
CHAPTER 12
THE INFLUENCE OF 9/11 ON SWEDISH ANTI-TERRORISM POLICY AND MEASURES
IAIN CAMERON
PART V: DEMOCRATIC ACCOUNTABILITY, HUMAN RIGHTS, AND THE RULE OF LAW
CHAPTER 13
TERRORIST THREATS AND JUDICIAL DEFERENCE
JENS ELO RYTTER
CHAPTER 14
OPEN SECRETS IN U.S. COUNTER-TERRORISM POLICY
AMY JACOBSEN
CHAPTER 15
VIEWS FROM MARS, VIEWS FROM VENUS: MINDING THE GAP BETWEEN WHAT WE SAY AND WHAT WE DO ON TERRORISM
GABOR RONA

EPILOGUE
HUMAN RIGHTS AND COUNTER-TERRORISM: LESSONS FROM A LONG DECADE
MARTIN SCHEININ
BIBLIOGRAPHY
INDEX