Full Description
This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms - or anti-constitutional practices - from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders.
The book will be of particular interest to academics and graduate or post-graduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counterterrorism, and related questions of individual rights.
Contributors: O. Bassok, D. Cole, K. Cooper, J. Daskal, E. de Wet, B. Dickson, A. Ejima, S. Ellmann, F. Fabbrini, L. Garlicki, J. Hafetz, V.J. Jackson, C.C. Murphy, M. Scheinin, K.L. Scheppele, A. Su, C. Walker
Contents
Contents:
1. Introduction
Federico Fabbrini and Vicki C. Jackson
PART I INTERNATIONAL CONSTITUTIONALISM AND ANTI-TERRORISM FINANCE MEASURES
2. United Nations Law: Substantive Constitutionalism through Human Rights Versus Formal Hierarchy through Article 103 of the Charter
Martin Scheinin
3. (Implicit) Judicial Favouring of Human Rights Over United Nations Security Council Sanctions: A Manifestation of International Constitutionalism?
Erika de Wet
4. Heroic or Hapless? The Legal Reforms of Counter-Terrorism Financial Sanctions Regimes in the European Union
Karen Cooper and Clive Walker
5. The Dynamics of Transnational Counter-terrorism law: Towards a Methodology, Map and Critique
Cian C. Murphy
PART II COUNTER-TERRORISM, AND CONSTITUTIONAL MIGRATIONS
6. Translating Rights across Centuries: U.S. Constitutional Protection against Unreasonable Searches and Seizures in a Transnational Era
Vicki C. Jackson
7. Japanese Efforts to have a Secrecy Law and a 'National Security Council' A Runner Who Is One Lap Behind? or Good Things Come to Those Who Wait?
Akiko Ejima
8. The Deep Dilemma of Evidence in the Global Anti-Terror Campaign
Kim Lane Scheppele
9. Reciprocal Privacy: Towards a Transatlantic Agreement
David Cole and Federico Fabbrini
PART III EXTRATERRITORIALITY, DETENTION AND FREE SPEECH
10. Transnational Seizures: The Constitution and Criminal Procedure Abroad
Jennifer Daskal
11. The Extra-territorial Obligations of European States regarding Human Rights in the Context of Terrorism
Brice Dickson
12. Detention at Sea: The Persistence of Territorial Constraints on Constitutional Rights
Jonathan Hafetz
13. The Extraterritorial First Amendment
Anna Su
PART IV INTERNATIONAL CRIMINAL LAW, INTERNATIONAL HUMANITARIAN LAW, AND TERRORISM
14. Missing in Action: the Human Eye
Or Bassok
15. Unraveling the Law of War
Stephen Ellmann
16. Conclusion
Lech Garlicki
Index
