Constitutionalism Across Borders in the Struggle Against Terrorism

Edited by Federico Fabbrini, Full Professor of EU Law, School of Law and Government, Dublin City University, Ireland, Founding Director of the Brexit Institute and Dublin European Law Institute, and PI of the Jean Monnet Centre of Excellence REBUILD and Vicki C. Jackson, Thurgood Marshall Professor of Constitutional Law, Harvard Law School, US

• Contents:1. Introduction Federico Fabbrini and Vicki C. JacksonPART I INTERNATIONAL CONSTITUTIONALISM AND ANTI-TERRORISM FINANCE MEASURES 2. United Nations Law: Substantive Constitutionalism through Human Rights Versus Formal Hierarchy through Article 103 of the CharterMartin Scheinin3. (Implicit) Judicial Favouring of Human Rights Over United Nations Security Council Sanctions: A Manifestation of International Constitutionalism?Erika de Wet4. Heroic or Hapless? The Legal Reforms of Counter-Terrorism Financial Sanctions Regimes in the European UnionKaren Cooper and Clive Walker5. The Dynamics of Transnational Counter-terrorism law: Towards a Methodology, Map and Critique Cian C. MurphyPART II COUNTER-TERRORISM, AND CONSTITUTIONAL MIGRATIONS6. Translating Rights across Centuries: U.S. Constitutional Protection against Unreasonable Searches and Seizures in a Transnational EraVicki C. Jackson 7. Japanese Efforts to have a Secrecy Law and a 'National Security Council' A Runner Who Is One Lap Behind? or Good Things Come to Those Who Wait?Akiko Ejima8. The Deep Dilemma of Evidence in the Global Anti-Terror CampaignKim Lane Scheppele9. Reciprocal Privacy: Towards a Transatlantic AgreementDavid Cole and Federico FabbriniPART III EXTRATERRITORIALITY, DETENTION AND FREE SPEECH10. Transnational Seizures: The Constitution and Criminal Procedure Abroad Jennifer Daskal11. The Extra-territorial Obligations of European States regarding Human Rights in the Context of TerrorismBrice Dickson12. Detention at Sea: The Persistence of Territorial Constraints on Constitutional RightsJonathan Hafetz13. The Extraterritorial First AmendmentAnna SuPART IV INTERNATIONAL CRIMINAL LAW, INTERNATIONAL HUMANITARIAN LAW, AND TERRORISM14. Missing in Action: the Human Eye Or Bassok15. Unraveling the Law of WarStephen Ellmann16. ConclusionLech GarlickiIndex

’Just as current terrorism threats permeate state borders, legal responses to them should as well. Bringing together and making a significant contribution to comparative constitutionalism, international law, and the anti-terrorism law, this book perfectly exemplifies the benefits of transmitting legal concepts and ideas across geographical and conceptual borders - between differing national systems, as well as in manners that open international law and constitutional law to one another. It is a wonderful source for studying and understanding anti-terrorism law, and at the same time an inspiration to those thinking about the tension between globalized and contextualized law.’