Terrorism and the State : Rethinking the Rules of State Responsibility.

Half Title Page -- Half Title verso -- Title Page -- Title verso -- Acknowledgements -- Contents -- 1. Introduction -- Part I: State Responsibility for Private Acts: Theory and Practice -- 2. State Responsibility for Private Acts: The Evolution of a Doctrine -- 2.1 INTRODUCTION -- 2.2 THE ORIGIN OF STATE RESPONSIBILITY AND THE GENERAL PRINCIPLE OF NON-ATTRIBUTION OF PRIVATE ACTS -- 2.3 THE DOCTRINE OF COLLECTIVE RESPONSIBILITY -- 2.4 THE THEORY OF COMPLICITY -- 2.5 THE JANES CASE -- 2.6 THE CONDONATION THEORY AND THE CALCULATION OF DAMAGE -- 2.7 THE SEPARATE DELICT THEORY -- 2.8 THE PRESENTATION OF THE SEPARATE DELICT THEORY TO THE ILC -- 2.9 CONCLUSION -- 3. The Agency Paradigm: The Principle of Non-Attribution and its Exceptions -- 3.1 THE PRINCIPLE OF NON-ATTRIBUTION OF PRIVATE ACTS AND THE SEPARATE DELICT THEORY: THE ILC TEXT AND THE CLAIM OF UNIVERSAL APPLICATION -- 3.2 RECENT APPLICATIONS OF THE SEPARATE DELICT THEORY -- 3.3 THE EXCEPTIONS -- 3.4 CONCLUSION -- Part II: State Responsibility for Private Acts of Terrorism: Conventional Perspectives -- 4. To Prevent and to Abstain: International Obligations of States with Respect to Terrorism -- 4.1 INTRODUCTION -- 4.2 TOWARDS A DEFINITION OF TERRORISM -- 4.3 COUNTER-TERRORISM OBLIGATIONS OF THE STATE: THE DUTY TO PREVENT AND TO ABSTAIN -- 4.4 THE STANDARD OF CARE AND THE BURDEN OF PROOF: DETERMINING STATE RESPONSIBILITY FOR VIOLATIONS OF COUNTER-TERRORISM OBLIGATIONS -- 4.5 CONCLUSION -- 5. State Responsibility for Private Acts of Terrorism -- 5.1 A DISTINCTION WITH A DIFFERENCE -- 5.2 STATE RESONSIBILITY FOR PRIVATE ACTS OF TERRORISM BEFORE SEPTEMBER 11: THREE THEORIES -- 5.3 USE OF FORCE AS LEX SPECIALIS -- 5.4 STATE PRACTICE BEFORE SEPTEMBER 11TH -- 5.5 CONCLUSION -- 6. The Challenge of September 11th and the Academic Response -- 6.1 SEPTEMBER 11TH AND THE INTERNATIONAL REACTION.

6.2 THE ACADEMIC RESPONSE -- 6.3 CONCLUSION: THE DISSONANCE BETWEEN THEORY AND PRACTICE -- 7. Inadequacies of Existing Approaches to State Responsibility for Terrorism -- 7.1 INTRODUCTION -- 7.2 CONTEMPORARY FORMS OF STATE INVOLVEMENT IN TERRORISM -- 7.3 THE INADEQUACIES OF THE AGENCY PARADIGM -- 7.4 THE INADEQUACIES OF USE OF FORCE STANDARDS -- 7.5 THE INADEQUACIES OF ABSOLUTE OR STRICT RESPONSIBILITY -- 7.6 TOWARDS A MODEL OF STATE RESPONSIBILITY FOR TERRORISM: THE INTER-PENETRATION OF THE PUBLIC AND PRIVATE SPHERE -- 7.7 CONCLUSION -- Part III: State Responsibility for Terrorism: A Causal Analysis -- 8. Causation-based Responsibility -- 8.1 INTRODUCTION: AGENCY AND CAUSATION -- 8.2 A WORD ABOUT PRIVATE LAW ANALOGIES -- 8.3 COMMON SENSE CAUSATION: SOME BASIC PRINCIPLES -- 8.4 ECHOES OF CAUSATION-BASED RESPONSIBILITY IN INTERNATIONAL LAW -- 8.5 CONCLUSION -- 9. Causation-based State Responsibility for Terrorism -- 9.1 INTRODUCTION -- 9.2 A CAUSAL MODEL OF STATE RESPONSIBILITY FOR TERRORISM: APPLYING A FOUR-STEP PROCESS -- 9.3 RETURNING TO THE PROBLEM OF BURDEN OF PROOF -- 9.4 TESTING THE PRACTICAL VIABILITY OF A CAUSAL MODEL -- 9.5 CONCLUSION: THE POLICY BENEFITS OF A CAUSAL MODEL AND ITS STATUS UNDER INTERNATIONAL LAW -- 10. Concluding Observations -- Select Bibliography -- Index.

This ground-breaking book analyses the law of State responsibility for non-State violence and examines its relevance in the modern world.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.