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 43: The legal response of the Organization of American States in combating terrorism

Mirko Sossai

Abstract

The Organization of American States (OAS) portrays itself, like any other regional organization, as a ‘valuable partner in the global fight against terrorism’, being instrumental in strengthening the implementation of international obligations binding on its members. The practice of the OAS reflects the developments at the UN level in the identification of the priority areas of intervention. The legal initiatives taken by the OAS for the prevention of terrorism confirms the trend since 9/11 at both the universal and regional levels towards a decrease in the margin of discretion accorded to states in determining the most appropriate measures. Still, concern has been raised about the risk of misapplication of anti-terrorism legislation in various American countries. However, the Inter-American system for the promotion and the protection of human rights, itself a creation of the OAS, has taken a firm position as regards the protection of human rights while countering terrorism.

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