A reliable source of insightful information for students and advanced researchers in the field of international and human rights law. Further, it will be of interdisciplinary interest to international relations and politics scholars, as it explicitly addresses the international context of the anti-terrorism measures discussed.

Francesca Galli, The Cambridge Law Journal

This is an important book written at a time when the creation of dualism between 'us', the ruling majority of the State authorities, and 'them', the minorities and/or non-nationals, has gained momentum and cultural conflicts are continually regressing the concept of the democratic state in a globalising society.

Legal Studies, Vol.29, No.1

...outstanding monograph, which combines rigorous empirical analysis of selected anti-terrorism laws with an excellent grasp of human rights law principles and a sophisticated theoretical framework.

Ben Saul, The Modern Law Review 72 (3) 2009

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[A] magnificent piece of scholarly research, and one which stands head and shoulders above the majority of books on terrorism since 9/11.

Ben Saul, The Modern Law Review 72 (3) 2009

Human Rights and Non-Discrimination in the 'War on Terror' represents a worthy and thought-provoking exploration of the issue of direct discrimination in this context. It is likely to provoke further debate as to the human rights implications and genuinely non-discriminatory nature of the alternative it proposes-formal rules that are applicable to everyone...This book should be read by all those working in this field; it makes a very significant contribution to the current deabte in drawing attention to the issue of direct discrimination which has been neglected in much of the writing on this subject.

Helen Fenwick, Human Rights Law Review, 9, 2009

...insightful study...invaluable study

Toby King, European Commission

In the post-September 11th era, liberal democracies face the question of whether, and if so to what extent, they should change the relationship between liberty and security. This book explores how three major liberal democratic states - the United States, the United Kingdom and Germany - have approached this challenge by analysing the human rights impacts of their anti-terrorism laws and practices. The analysis reveals that the most far-reaching restrictions of liberty have been imposed on minorities: foreign nationals and certain 'racial', ethnic and religious groups. This Disparate treatment raises complex issues concerning the human right to non-discrimination. Differential treatment on the basis of nationality, national origin, 'race' or religion is only compatible with the right to non-discrimination if there are objective and reasonable grounds for it. The author evaluates contemporary anti-terrorism efforts for their compliance with this requirement. Is there, in the context of the current 'war on terror', sufficient justification for applying powers of preventive detention or trial by special tribunal only to foreign nationals? Are law enforcement methods or immigration policies that single out people for special scrutiny based on their national origin, or their ethnic or religious appearance, a suitable and proportionate means of countering terrorism? The concluding part of the book argues that, in the long term, discriminatory anti-terrorism measures will have impacts beyond their original scope and fundamentally reshape ordinary legal regimes and law enforcement methods.
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This book analyses the human rights impacts of anti-terrorism laws and practices post September 11th. It evaluates whether there are objective grounds for singling out people based on their nationality, national origin, 'race', or religion and argues that discriminatory anti-terrorism measures will fundamentally reshape these legal regimes.
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I CONCEPTS: ANTI-TERRORISM REGIMES AND NON-DISCRIMINATION ; II DISTINCTIONS BASED ON CITIZENSHIP STATUS ; III DISTINCTIONS BASED ON COUNTRY OF ORIGIN, OR NATIONALITY, RACE, OR RELIGION
`In sum, Moeckli's book deals soberly and sensibly with one of the fundamental challenges to human rights law brought by contemporary anti-terrorism laws. While open to accepting reasoned and proportionate measures which differentiate on the basis of group characteristics, Moeckli concludes that many recent measures justified by national security are ineffective, unnecessary and excessive, and more the product of political imperatives and a slide towards obsessive risk analysis by governments. His book is a plea for a return to formalism: a reassertion of the moral value of principles of equality and non-discrimination which are central to the rule of law and the legitimacy of governance.' Ben Saul, The Modern Law Review 72 (3) 2009 `...the book engages well with the burgeoning academic literature relating to the 'war on terror' and, in particular, the relationship between liberty and security. To that extent the book provides a very useful source of comment and debate on that literature and will be of use to students and practitioners as well as academics.' J. Craig Barker, University of Sussex, The British Yearbook of International Law, issue 79 `Moeckli's invaluable study demonstrates that discriminatory anti-terrorist laws, through stigmatizing a particular group as a suspect community outside the protection of international human rights law, pose a grave challenge to the very concept of the universality of human rights itself.' Toby King, European Commission
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Argues that discriminatory anti-terrorism measures will fundamentally reshape ordinary legal regimes 'Offers a unique comparative consideration of anti-terrorism measures adopted by different states Of interdisciplinary interest to international relations and politics scholars as it explicitly addresses the international context of the anti-terrorism measures discussed Provides a thorough examination of such contentious issues as military commission trials, racial profiling, and selective immigration policies
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Dr Daniel Moeckli is Oberassistent in Public Law at the University of Zurich and Fellow of the University of Nottingham Human Rights Law Centre. His main research interests lie in the area of human rights law, both international and national. He is a member of the Panel of Experts advising the UN Special Rapporteur on the Promotion and Protection of Human Rights While Countering Terrorism. Previously, he acted as legal adviser to the International Bar Association's Task Force on International Terrorism, worked for Amnesty International and practised criminal law for several years.
Les mer
Argues that discriminatory anti-terrorism measures will fundamentally reshape ordinary legal regimes 'Offers a unique comparative consideration of anti-terrorism measures adopted by different states Of interdisciplinary interest to international relations and politics scholars as it explicitly addresses the international context of the anti-terrorism measures discussed Provides a thorough examination of such contentious issues as military commission trials, racial profiling, and selective immigration policies
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Produktdetaljer

ISBN
9780199239801
Publisert
2008
Utgiver
Oxford University Press
Vekt
617 gr
Høyde
242 mm
Bredde
163 mm
Dybde
23 mm
Aldersnivå
UU, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
300

Forfatter

Biografisk notat

Dr Daniel Moeckli is Oberassistent in Public Law at the University of Zurich and Fellow of the University of Nottingham Human Rights Law Centre. His main research interests lie in the area of human rights law, both international and national. He is a member of the Panel of Experts advising the UN Special Rapporteur on the Promotion and Protection of Human Rights While Countering Terrorism. Previously, he acted as legal adviser to the International Bar Association's Task Force on International Terrorism, worked for Amnesty International and practised criminal law for several years.