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Law in Times of Crisis: Emergency Powers in Theory and Practice (American Society of International 2007 Certificate of Merit for Creative Scholarship)

Oren Gross
University of Minnesota Law School

Fionnuala D. Ni Aolain
University of Minnesota Law School; Transitional Justice Institute (University of Ulster)



Oren Gross and Fionnuala Ni Aolain, LAW IN TIMES OF CRISES: EMERGENCY POWERS IN THEORY AND PRACTICE, Cambridge Studies in International and Comparative Law, Cambridge University Press, November 2006

Abstract:     
The terrorist attacks of September 11, 2001, and the ensuing war on terror have focused attention on issues that have previously lurked in a dark corner at the edge of the legal universe. The book presents systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions, bringing together insights gleaned from the Roman republic and Jewish law through to the initial responses to the July 2005 attacks in London. The book examines three unique models of emergency powers that are used to offer a novel conceptualization of emergency regimes, giving a coherent insight into law's interface with and regulation of crisis and a distinctive means to evaluate the legal options open to states for dealing with crises. Particular attention is given to the interface between international law and regulatory mechanisms and emergency powers, as a key element of the contemporary political response to violent crises.

Keywords: Emergency powers, war, terrorism, human rights, humanitarian law, international law, national security

Accepted Paper Series

Date posted: March 27, 2007 ; Last revised: March 30, 2009

Suggested Citation

Gross, Oren and Ni Aolain, Fionnuala D., Law in Times of Crisis: Emergency Powers in Theory and Practice (American Society of International 2007 Certificate of Merit for Creative Scholarship). Oren Gross and Fionnuala Ni Aolain, LAW IN TIMES OF CRISES: EMERGENCY POWERS IN THEORY AND PRACTICE, Cambridge Studies in International and Comparative Law, Cambridge University Press, November 2006. Available at SSRN: http://ssrn.com/abstract=975291


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Contact Information

Oren Gross (Contact Author)
University of Minnesota Law School ( email )
229 19th Avenue South, #430
Minneapolis, MN 55455
United States
612-624-7521 (Phone)
612-625-2011 (Fax)
HOME PAGE: http://www.tc.umn.edu/~gross084
Fionnuala D. Ni Aolain
University of Minnesota Law School ( email )
229 19th Ave. So.
Minneapolis, MN 55455
United States
612-624-2318 (Phone)
612-625-2011 (Fax)
Transitional Justice Institute (University of Ulster) ( email )
United Kingdom

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