Balancing Liberty and Security: the Human Rights Pendulum

Edited by: Ludovic Hennebel, Helene Tigroudja

International terrorism has challenged the very foundations of the democratic societies and the protection of human rights. In this context, domestic and international institutions - and above all, the courts - were burdened with the significant mission to maintain the strenuous balance between liberty and security. This collection offers an in-depth analysis of the thorny dialectic between liberty and security in the context of terrorism. The essays offer the critical views of scholars from several countries (the US, Canada, France, Belgium, Germany, Switzerland, and Colombia) on the responses of democracies to specific terrorism related issues. The book is published following a research conducted by the Magna Carta Institute thanks to the financial support of the Delegation of the European Union in Washington D.C., and in partnership with the Artois University (France), the Institut international des droits de l'homme et de la paix (France), the Faculte Libre de Droit of Lille (France), the Centre de Recherche sur les Relations entre le Risque et le Droit from the Catholic University of Lille (France), and the Ecole Doctorale de Lille 2 (France). Table of Contents: Courts, Terrorism, and Human Rights * American Counterterrorism: The Triangle of Detention, Interrogation, and Trial * Judicially Moderated Dialogue and the "War on Terror" * The Inter-American Reception of the US Counterterrorism Doctrine * Terrorism and Human Rights: A Decade of Canadian Practices * The European Convention on Human Rights and the Fight against Terrorism * European Judicial Review of Limitations, Restrictions, and Derogations to Human Rights Due to Counterterrorism Measures * The Regulation of Incitement to Terrorism in International Law * Globalization, Misrecognition, and "Terrorist" Violence.

274 pages

Publication Date: 12/31/2011
Format: Paper
ISBN: 9789058507402