Terrorism and Legal Change: An International Law Lesson

Posted: 15 Feb 2002

See all articles by Jutta Brunnée

Jutta Brunnée

University of Toronto, Faculty of Law

Abstract

This paper examines developments in international law since September 11. It reveals that Bill C-36 may be but one facet of a larger pattern of emergency-driven lawmaking with uncertain consequences. On the one hand, there appears to be a further retreat of the Security Council from its powers - and responsibilities - in the context of the Charter's collective security regime. On the other hand, we may be witnessing a significant expansion in the scope of states' right to resort to forcible self-defence, resulting from a considerable broadening of the previously narrow agency rules with respect to armed attacks. This latter trend flows from the casting, apparently uncontradicted or even endorsed by other states, of the military actions in Afghanistan as self-defence directed at "terrorists and those who harboured them".

Suggested Citation

Brunnée, Jutta, Terrorism and Legal Change: An International Law Lesson. THE SECURITY OF FREEDOM: ESSAYS ON CANADA'S ANTI-TERRORISM BILL, Ronald J. Daniels, Patrick Macklem, Kent Roach, eds., U of Toronto Press, 2001. Available at SSRN: https://ssrn.com/abstract=299984

Jutta Brunnée (Contact Author)

University of Toronto, Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada
416-946-7353 (Phone)
416-978-7899 (Fax)

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