OXFORD UNIVERSITY PRESS

Terrorism and the Law

ISBN : 9780199561179

参考価格(税込): 
¥43,472
著者: 
Clive Walker
関連カテゴリー
ページ
632 ページ
フォーマット
Hardcover
サイズ
175 x 250 mm
刊行日
2011年03月
メール送信
印刷

Terrorism laws and legal practices have been politically and socially controversial to a degree beyond almost any other legal issue during the past decade, and this analytical text contains extensive analysis of these controversies. Written by a leading commentator, Terrorism and the Law offers a thoughtful and up-to-date discussion of all the key materials on terrorism law. It provides comprehensive coverage of all major domestic, European, and international laws, and their impact on the UK. It also contains an extensive examination of implementation and practical problems, as well as comparison with closely comparable jurisdictions ranging from Australia, Canada, and the Republic of Ireland, to the United States. The book contains five Parts. Part I focuses on meanings of 'terrorism' in law and political science. It provides the reader with an understanding of the political phenomenon and the legal concept, including its statutory definitions, which is essential to the book's assessment of the strategies and tactics adopted in the codes of laws as well as policy statements. It also addresses normative constraints, such as human rights, and considers mechanisms of accountability. Parts II-IV focus on the United Kingdom law and practice. It provides extensive coverage of the major UK terrorism legislation, namely: the Terrorism Act 2000; the Anti-Terrorism, Crime and Security Act 2001; the Prevention of Terrorism Act 2005; the Terrorism Act 2006; the Justice and Security (Northern Ireland) Act 2007; the Counter-Terrorism Act 2008; and the Terrorist Asset-Freezing etc. Act 2010. The themes comprise: investigatory and policing powers and interventions; the disclosure of Information, special criminal laws, special criminal processes, post-trial restraints and the penology of terrorism, executive regulation through control orders and immigration measures, terrorist funding and property, and protective security laws, structures, and regulations. The study encompasses wherever relevant the impact of European, international and transnational laws and practices, covering international transnational cooperation and extradition; key European Union law measures against terrorism; other international law measures against terrorist activities; and international human rights and terrorism. Part V considers regional variations in Northern Ireland, with some reflections on the application of Scottish law, especially in the Lockerbie cases.

目次: 

PART I: INTRODUCTION
1. Terrorism
The Phenomenon of Terrorism
The Phenomenon of Terrorism
Legal Strategies for Counter-Terrorism
Institutions, Review and Accountability
Definition of Terrorism
Conclusions
PART II: INVESTIGATION AND POLICING
2. Terrorist Investigations
Introduction
Investigation of Places and Documents
Cordons
Surveillance
All-Risks Policing
Conclusions
3. Disclosure of Information about Terrorism
Introduction
General Duties relating to Disclosure
Specialist Disclosure Powers
Conclusions
4. Arrest, Detention, and Treatment of Detainees
Introduction
Arrest
Detention Following Arrest
The Treatment of Detainees
Post-Charge Questioning and Detention
International Arrest and Investigation
Conclusions
PART III: CRIMINAL LAW AND CRIMINAL PROCESS
5. Criminal Offences and Terrorism
Introduction
Criminal Offences within the Anti-Terrorism Laws
Criminal Offences beyond the Anti-Terrorism Laws
Conclusions
6. Court Processes, Punishment, and Terrorism
Introduction
Court Processes
International Aspects of Criminal Process
Penology of Terrorism
Post-Punishment
Conclusions
PART IV: OTHER LEGAL CONTROLS
7. Executive Powers over Individuals
Background
Control Orders - The System
Control Orders - Review Mechanisms
Control Orders - Implementation
Control Orders - Foreign Comparisons
Control Orders - Assessment and Conclusions
Other Executive Powers Relevant to Terrorism
Executive Powers - Conclusions
8. Extremist Organizations, Expressions, and Activities
Extremist Organizations, Expressions, and Activities
Introduction
Proscription of Organizations
Extremist Expressions and Activities
Extremism - Conclusions
9. Terrorist Funding and Property
Introduction
Offences
Forfeiture
Seizure of Cash
Financial Investigations and Oversight
Crown Servants and Regulators
Foreign Comparisons
Assessment and Conclusions on Domestic Measures
International Freezing Orders
10. Protective Security
Introduction
General measures of 'Protect' and 'Prepare'
Protective security for explosives and firearms
Protective security for biological and chemical materials
Protective security for nuclear materials
Protective security for the aviation, maritime, and other transportation sectors
Protective security for critical and other sectors, activities, sites, and events
Victims of terrorism: compensation and redress
Conclusions
PART V: OTHER JURISDICTIONS
11. Regional Variations in Northern Ireland and Scotland
Introduction
Special Criminal Process
Special Police and Military Powers
Security Operations
Penal and Release Schemes
Assessment and Conclusions on Special Powers
Compensation, Protection, and Victims
Cross-Border Cooperation
Conclusions on Northern Ireland
Scotland and Terrorism

著者について: 

Professor Clive Walker is Professor of Criminal Justice Studies at the School of Law, University of Leeds. He has written extensively on terrorism and emergency issues, with many papers published in the UK and other countries. He has been a Visiting Professor at George Washington University, Melbourne University, and Stanford University. In 2003, he was a special adviser to the UK Parliamentary Select Committee considering the Civil Contingencies Act 2004. He has also been called upon to provide advice to other UK and overseas Parliamentary committees on terrorism, and to the UK Government's independent adviser on terrorism.

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