Terrorism and Transnational Law: Rules of Law Under Conditions of Globalisation

Zumbansen, ed, The Oxford Handbook of Transnational Law (OUP Forthcoming)

University of Bristol Law Research Paper Series #002 2019

24 Pages Posted: 16 Dec 2019

See all articles by Cian C. Murphy

Cian C. Murphy

University of Bristol - School of Law

Date Written: January 1, 2019

Abstract

This paper explores the relationship between states, their law, and terrorism. This relationship is central to an analysis of the modalities of counter-terrorism law and policy. It examines the impact of globalisation on states and the rise of transnational counter-terrorism law. It considers the implications for law and government of the ‘wars on terror’. It examines five aspects: the agenda-setting role of transnational counter-terrorism law, the transgression of legal categories, the displacement of sites of power, the collapse of spatial dimensions, and the reassessment of normative foundations of the law. It draws the analysis to a close. It illustrates how the unintended consequences of transnational counter- terrorism law and operations may exacerbate the risk of violence. It highlights efforts to refocus on the ‘root causes’ of terrorism, efforts that may return the narrative to a counter-terrorism law ‘of the everyday’, in which the focus is less on crises.

Keywords: terrorism, counter-terrorism, globalisation, rule of law, law

Suggested Citation

Murphy, Cian C., Terrorism and Transnational Law: Rules of Law Under Conditions of Globalisation (January 1, 2019). Zumbansen, ed, The Oxford Handbook of Transnational Law (OUP Forthcoming). Available at SSRN: https://ssrn.com/abstract=3494884

Cian C. Murphy (Contact Author)

University of Bristol - School of Law ( email )

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

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