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.
17 Pages Posted: 19 Nov 2014 Last revised: 1 Dec 2014
Date Written: November 14, 2014
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: Suggested Citation