The Dynamics of Transnational Counter-Terrorism Law: Towards a Methodology, Map, and Critique

Forthcoming in Jackson and Fabbrini, eds, Constitutionalism Across Borders in the Struggle Against Terrorism, Edward Elgar Publishers, 2015.

King's College London Law School Research Paper No. 2014-42

17 Pages Posted: 19 Nov 2014 Last revised: 1 Dec 2014

See all articles by Cian C. Murphy

Cian C. Murphy

University of Bristol - School of Law

Date Written: November 14, 2014

Abstract

One of the lesser-explored legal questions after September 11 is the impact of the transnationalisation of counter-terrorism law on the rule of law and those subject to it. Transnationalisation is evident in several fields of law and in particular in counter-terrorist finance law. This law involves powers for states to monitor financial flows, to freeze the assets of those under suspicion, and to impose penalties on individuals who fund or otherwise support such individuals, and on financial institutions that facilitate them. Despite transnationalisation being a common trope in the legal literature it has not been subject to extensive description or critique.

This essay addresses this shortcoming by setting out first steps towards a methodology, a map of the dynamics of transnational counter-terrorist finance law, and a critique of that law. The essay first explains transnational law as a methodological approach to law under globalization. It then goes on to map six dynamics of transnationalisation: global governance, regional government, bi-lateral agreements, legal diffusion, extra-territorialisation and private rule-making and enforcement. The essay next introduces, in brief, a critique of transnational counter-terrorist finance law from a rule of law perspective, and concludes with some thoughts on future research challenges.

Keywords: transnational law, counter-terrorism, globalisation, counter-terrorist finance, methodology

Suggested Citation

Murphy, Cian C., The Dynamics of Transnational Counter-Terrorism Law: Towards a Methodology, Map, and Critique (November 14, 2014). Forthcoming in Jackson and Fabbrini, eds, Constitutionalism Across Borders in the Struggle Against Terrorism, Edward Elgar Publishers, 2015., King's College London Law School Research Paper No. 2014-42, Available at SSRN: https://ssrn.com/abstract=2526070

Cian C. Murphy (Contact Author)

University of Bristol - School of Law ( email )

8-10 Berkeley Square
Bristol, BS8 1TH
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
211
Abstract Views
1,347
rank
173,528
PlumX Metrics