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
Date Written: January 1, 2019
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
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