000 02692nam a22002291i 4500
005 20220507134256.0
008 140929s2012 enka ob 001 0 eng d
020 _a9781472566195
040 _aMAIN
082 0 4 _a344.05325
100 1 _aProulx, Vincent-Joël,
245 1 0 _aTransnational terrorism and state accountability :
_ba new theory of prevention
_h[electronic resource] /
_cby Vincent-Joël Proulx ; with a foreword by Bruno Simma.
300 _a1 online resource (xxx, 346 pages) :
_billustrations.
500 _aBloomsbury Pub Ebook
504 _aIncludes bibliographical references and index.
520 _a"Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments' counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility. This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts."--Bloomsbury Publishing.
650 0 _aGovernment liability.
650 0 _aTerrorism
700 1 _aSimma, Bruno,
856 4 0 _uhttps://doi.org/10.5040/9781472566195?locatt=label:secondary_bloomsburyCollections
942 _cEBK
999 _c17466
_d17466