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Nathanael Tilahun Ali - Regulatory Counter-Terrorism: A Critical Appraisal of Proactive Global Governance

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Nathanael Tilahun Ali Regulatory Counter-Terrorism: A Critical Appraisal of Proactive Global Governance
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Regulatory Counter-Terrorism explores an emerging terrain in which the global governance of terrorism is expanding. This terrain is that of proactive regulatory governance the management of the day-to-day activities of individuals and entities in order to pre-emptively minimize vulnerability to terrorism. Overshadowed by the more publicized dimensions of military and criminal justice responses to terrorism, regulatory counter-terrorism has grown in size and impact without stirring up as much academic debate.Through a critical assessment of international regulatory counter-terrorism in three areas financial services, the control of arms and dangerous materials, and the cross-border movement of persons and goods this volume identifies a dynamic trend. This is the refashioning of international rule making into a flexible and experimental exercise. This volume shows how this transformation is affecting societies across the world in new ways and in the process unravelling settled understandings of international law. Furthermore, through an in-depth analysis of the working processes of UN counter-terrorism bodies and the Financial Action Task Force, this book illustrates that the monitoring of the global counter-terrorism regime is, contrary to accepted understanding, in the main collaborative and managerial, and coercive only peripherally. Dynamic rule making and soft monitoring complement each other, but this is a reason for concern: the softening of international monitoring encourages regulatory adventurism by states in tackling terrorism, while the element of self-correction in dynamic rule making helps silence the calls for institutionalized mechanisms of accountability.This volume will be of great interest to students and scholars of counter-terrorism, security studies, global governance, and international law.

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Regulatory Counter-Terrorism
Regulatory Counter-Terrorism explores an emerging terrain in which the global governance of terrorism is expanding. This terrain is that of proactive regulatory governance the management of the day-to-day activities of individuals and entities in order to pre-emptively minimize vulnerability to terrorism. Overshadowed by the more publicized dimensions of military and criminal justice responses to terrorism, regulatory counter-terrorism has grown in size and impact without stirring up as much academic debate.
Through a critical assessment of international regulatory counter-terrorism in three areas financial services, the control of arms and dangerous materials, and the cross-border movement of persons and goods this volume identifies a dynamic trend. This is the refashioning of international rule making into a flexible and experimental exercise. This volume shows how this transformation is affecting societies across the world in new ways and in the process unravelling settled understandings of international law. Furthermore, through an in-depth analysis of the working processes of UN counter-terrorism bodies and the Financial Action Task Force, this book illustrates that the monitoring of the global counter-terrorism regime is, contrary to accepted understanding, in the main collaborative and managerial, and coercive only peripherally. Dynamic rule making and soft monitoring complement each other, but this is a reason for concern: the softening of international monitoring encourages regulatory adventurism by states in tackling terrorism, while the element of self-correction in dynamic rule making helps silence the calls for institutionalized mechanisms of accountability.
This volume will be of great interest to students and scholars of counter-terrorism, security studies, global governance, and international law.
Nathanael Tilahun Ali is an Assistant Professor in Public International Law at Erasmus University Rotterdam, the Netherlands. He has been a visiting researcher at various institutions, including University of Cambridge, Queen Mary University of London, and University of California, Berkeley.
Politics of Transnational Law
Series editors: Tanja Aalberts and Wouter Werner
VU Amsterdam, the Netherlands
This interdisciplinary series explores the changing dynamics between politics and law in a globalizing world. These dynamics illustrate the growing importance and vitality of cross-disciplinary research that transcends traditional disciplinary divides, domains, and categories. Focused on the Politics of Transnational Law, this series provides a platform for studies that critically reflect on the interplay between politics and law as international and transnational practices. It investigates the heterogeneous landscape of contemporary law making, and the different kinds of politics this global ordering relates to. The Politics of Transnational Law series is unique in being endorsed and promoted by both the law and the politics divisions of Routledge.
Editorial committee
Jeffrey Dunoff (Temple University) Fleur Johns (University of New South Wales) Friedrich Kratochwil (Central European University) Anna Leander (Copenhagen Business School) Cecelia Lynch (University of California, Irvine) Gregor Noll (Lund University) Sarah Nouwen (University of Cambridge) Nikolas Rajkovic (Tilburg University from 2016)
Governmentality in EU External Trade and Environment Policy: Between Rights and Market
Jessica C. Lawrence
The Politics of Private Transnational Governance by Contract
Edited by A. Claire Cutler and Thomas Dietz
Regulatory Counter-Terrorism: A Critical Appraisal of Proactive Global Governance
Nathanael Tilahun Ali
Regulatory Counter-Terrorism
A Critical Appraisal of Proactive Global Governance
Nathanael Tilahun Ali
Regulatory Counter-Terrorism A Critical Appraisal of Proactive Global Governance - image 1
First published 2018
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
2018 Nathanael Tilahun Ali
The right of Nathanael Tilahun Ali to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
A catalog record for this book has been requested
ISBN: 978-1-138-48009-4 (hbk)
ISBN: 978-1-351-06386-9 (ebk)
Typeset in Times New Roman
by Wearset Ltd, Boldon, Tyne and Wear
Contents
Figures
Acknowledgements
The research and writing processes that culminated in this book benefited from the generous intellectual, material, and personal contributions of numerous individuals and organizations. While all errors remain mine only, I would like to take this opportunity to specifically acknowledge and thank those to whom I owe much debt. Many thanks go to my doctoral supervisors Prof. Dr. Ellen Hey and Dr. Jeff Handmaker, who have been constant sources of feedback and encouragement from the inception of this project. This book project has also benefited enormously from criticism from Prof. Wouter Werner of Vrije Universiteit Amsterdam, Prof. Dino Kritsiotis of University of Nottingham, and Prof. Sanne Taekema of Erasmus University, who served as core academic opponents during my doctoral defence. I am also grateful for the many direct and indirect inspirations, criticisms, and insights from my colleagues during the research phase: Ryan Gauthier, Marjolein Schaap-Rubio Imbers, Aleksandar Momirov, Carina Olsthoorn, Petra Gyongi, and Anna Sting thank you also for your wonderful companionship.
In the course of this project, I have had the privilege of interacting with academics and policy makers, and presenting my findings at various locations around the world, enabled by the generous financial help of several institutions. I would like to thank the following specifically: Erasmus School of Law for funding my field research at the United Nations Headquarters in New York; Stichting Erasmus Trustfonds for sponsoring my research stays at Cardiff University, Wales, and University of Cambridge, England; the European Union Cooperation in Science and Technology (COST) project for funding my research stay at the Lauterpacht Centre for International Law, Cambridge; the Rethinking the Rule of Law research programme at Erasmus School of Law, led by Prof. Sanne Taekema, for funding my research trip to Addis Ababa, Ethiopia; the Institute for Global Law and Policy at Harvard law School for sponsoring my research trips to Harvard in 2014 and 2015 and for awarding me a collaborative research grant in 2014, which enabled me to take time away in Cambridge, MA, for writing and reflection, and the Niels Stensen Fellowship for funding my stay at University of California, Berkeley during the finalization of this book.
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