Awards

• Winner of Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists 2014
• Winner of Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists 2014 (UK)

Overview

"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. From the Foreword by Judge Bruno Simma, International Court of Justice ""Even if one might disagree with the bases on which the author constructs his argument, the execution of the argument is solid and thorough. The coverage of the major policy arguments and the available legal source materials is equally impressive. Moreover, the author's positions are genuinely progressive and present a fairly innovative solution, in the form of a strict liability mechanism...It behoves all scholars and practitioners of international law with an interest in combating international terrorism to consider the proposals outlined in this book."" Transnational Terrorism and State Accountability by Vincent-Joël Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists."

Full Product Details

Author:   Vincent-Joël Proulx ,  Judge Bruno Simma
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 2.50cm , Length: 23.40cm
Weight:   0.708kg
ISBN:  

9781849462853

ISBN 10:   1849462852
Pages:   378
Publication Date:   05 November 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Introduction I. Introductory Remarks II. Overview of Research Part I – The International Response to 9/11 and Its Impact on the Law of State Responsibility Chapter 1: State Responsibility, Terrorism and International Law I. General Remarks: State Responsibility as a Complementary Solution II. Emergence of the Obligation of Prevention III. Counterterrorism Obligations after 9/11 and the Primary/Secondary Divide IV. The Shortcomings of State Responsibility Vis-à-vis Terrorism VI. Policy Relevance Chapter 2: The Impact of 9/11 on International Law and Beyond I. General Remarks II. Direct Versus Indirect Responsibility III. The Concept of Attribution IV. A Paradigm Shift: Towards a Law of Indirect Responsibility V. The Security Council's Posture Before and After 9/11 CONCLUSION TO PART I Part II – Rethinking State Responsibility After 9/11: Defining the Scope of States' Counterterrorism Obligations and Implementing a Model to Ensure Compliance with Those Obligations Introduction Chapter 3: Unity Through Vagueness: The Challenges of Devising General Rules of Responsibility I. Introduction II. Alternative Response: Causation III. Developing Guidelines and General Principles for Fact-Intensive, Fact-Specific Phenomena IV. Doing Away with Attribution: Towards a Model of Strict Liability? V. Conclusion Chapter 4: Rethinking the Rationale Underlying State Responsibility for Terrorism: Trans-substantive Rules, Domestic Analogies and the Rationalist Agenda I. Introduction II. Revisiting Trans-substantive Rules III. The Temporal Element of the Breach of an International Obligation IV. Drawing on Legal Traditions and Domestic Law Analogies to Inform the Law of State Responsibility V. Mitigating Tensions: Implementing a Model Inspired by Strict Liability VI. Conclusion: Consolidating Rationalist Theories and State Responsibility Chapter 5: Implementing a Two-tiered Strict Liability-infused Model I. Introduction II. A Two-tiered Strict Liability Mechanism III. Other Advantages of a Strict Liability Model IV. Content of the Obligation of Prevention V. Conclusion: A Partial Politico-Legal Solution Lying at the Heart of International Law CONCLUSION TO PART II

Reviews

Thorough, well-researched and cogent, Vincent-Joel Proulx makes a compelling case for applying a strict-liability standard that would require states to respond to terrorist activities.Kienan D. ChristiansonASIL Cables WebsiteApril 2013

Thorough, well-researched and cogent, Vincent-Joel Proulx makes a compelling case for applying a strict-liability standard that would require states to respond to terrorist activities. Kienan D. Christianson ASIL Cables Website April 2013

Author Information

Vincent-Joël Proulx is Assistant Professor at the National University of Singapore’s Faculty of Law and a Barrister and Solicitor of the Ontario Bar. Previously, he served a three-year term as Special Assistant of the President of the International Court of Justice.

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