Research Handbook on International Law and Terrorism
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Research Handbook on International Law and Terrorism

Edited by Ben Saul

This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.
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Chapter 39: Security Council Resolution 1373: the cumbersome implementation of legislative acts

Luis Miguel Hinojosa-Martínez

Abstract

The adoption of Resolution 1373 (2001) by the United Nations Security Council (Council) attracted a great deal of attention because of its revolutionary character. For the first time, the Council adopted a clear legislative role by imposing general counter-terrorism obligations on states, disconnected from any particular conflict. The singular organic structure established to supervise the implementation of the Resolution also offers an interesting testing ground to analyse future trends of global governance in safeguarding common universal interests. This chapter studies the content of Resolution 1373, its organic and procedural structure, and the path travelled during almost two decades of implementation, including the Resolution’s main achievements and shortcomings. This chapter concludes with some reflections on the future of UN counter-terrorism cooperation and a proposal to create a UN Counter-Terrorist Agency, in the light of the experience of Resolution 1373.

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