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The Legislative Dynamics Of International Law In Combating Terrorism, A Case-Study

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Chapter Summary

This chapter analyses the implications of the following thesis: when international law is created in respect of terrorism, not only material but also procedural legitimacy is at stake. The thesis defended in the chapter is another turn of the screwin the efforts of the international community to define the juridical limits involved in combating terrorism at the international level. The chapter starts by looking at resolutions adopted by the Security Council and the General Assembly from 2001 through 2006 concerning terrorism. It analyses the results of this empirical inquiry in a logical-deductive fashion in order to isolate those principles that characterise the legislative dynamics of international law in this field of global concern. The chapter presents the procedural principles that serve to legitimise any norm and obligation imposed over States without their previous consent and even against their consent in the context of international laws response to terrorism.

Keywords: combating terrorism; General Assembly; international community; international law; Security Council



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