Contracting Human Rights
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Contracting Human Rights

Crisis, Accountability, and Opportunity

Edited by Alison Brysk and Michael Stohl

By chronicling the continuing contest over the reach, range, and regime of rights, Contracting Human Rights analyzes the way forward in an era of many challenges. This multidisciplinary book contributes to building understanding of the maturation of human rights, from a dissident doctrine to a dynamic parameter of global governance and civil society. Through an examination of both global and local challenges to human rights, including loopholes, backlash, accountability, and new opportunities to move forward, this book analyzes trends across multiple-issue areas.
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Chapter 10: Whither accountability? Counter-terrorism and human rights at the United Nations Security Council

Crisis, Accountability, and Opportunity

George Andreopoulos

Abstract

What are the UNSC's prospects for a counter-terrorist discourse and corresponding policies consistent with international human rights norms and standards? What is the responsibility of the UNSC and what is the responsibility of member states? What are the existing accountability gaps and how can they be addressed? In examining these issues, this chapter critically discusses the ongoing interplay between the legal regimes governing the maintenance of international peace and security and human rights and assesses the shifting dynamics between the hierarchical and participatory facets of the international legal process, as manifested through the UNSC’s “legislative activism” since the adoption of UNSCR 1373. By employing content analysis, process tracing and the main approaches to treaty interpretation, it examines member states’ country reports submitted under the 1373 process and explores the factors that have enabled, as well as constrained, the progressive ‘humanization’ of the UNSC's counter-terrorist discourse.

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