54 No. 59 JUSTICE n this book, the author, Dr. Miriam Feinberg, addresses some of the legal and practical challenges in finding solutions to contemporary variegated patterns of global terrorism and its impact on sovereignty. The enterprise is complicated by the absence of an agreed international definition of “terrorism” and the tendency among some theorists to downgrade the concept of “sovereignty.” Terrorism threatens the core attribute and obligation of the sovereign state: to protect its citizens from violence. The attacks on the Twin Towers on September 11, 2001 drove home the lesson that national legislation and adjudication are inadequate at protecting the populace from major terrorist acts. Henceforth, international and regional organizations would be fundamental actors in the battle against terrorism alongside states. Thereby, Feinberg notes, a certain tension has inevitably been introduced. On one hand, states have to compromise their sovereignty by participating in international counterterrorist forums that aim to provide greater protection to the citizens of the states. On the other hand, states strive to retain their primary responsibility for national security. Within the state, the need to engage in counterterrorism has spawned inter-branch conflict. While traditionally the executive dominated in matters bearing on national security, after the Twin Towers attack, the judiciary has become increasingly involved in shaping the contours of state responses to terrorism. Among other things, as Feinberg observes, we have been witnessing an exacerbation of the conflict between the state’s need to furnish increasing security to its citizens and the countervailing desire to protect human rights and concomitant procedural safeguards. Putting aside the question of defining “terrorism,” the author examines the nature of the counterterrorism measures taken since September 11, 2001 and offers an assessment of how states and international organizations interacted in this sphere of activity over the past decade and a half. The book is divided into three parts. Part 1 focuses on the global level – i.e., on the impact of the September 11, 2001 attacks on the role of the UN Security Council in counterterrorism. Although the term “terrorism” was not originally included in the Security Council’s powers under the UN Charter, the Security Council’s pronouncements on this issue were gradually subsumed under their role to maintain "international peace and security." Overall, the Security Council has been content to relegate to the states the tasks of defining the term “terrorism” for themselves and of instituting the requisite measures for combating it (so long as steps taken by states remain within the parameters set forth in Security Council resolution 1373). The book examines the impact of the Security Council’s approach on the sovereignty of the UN Member States and concludes that it is somewhat limited by the leeway that the Security Council still leaves to states. In Part 2 of the book, the author turns her attention to the actions of four regional organizations, and especially the European Union (EU), because of its highly developed structure of governance and strong legal regime that facilitates implementation of the relevant counterterrorism measures. The other regional organizations analyzed are the Organization of American States (OAS), the Council of Europe, and the African Union (AU). These organizations reflect a geographical and structural diversity and were selected by Feinberg for their action against terrorism. For each organization, the book studies the influence of September 11, 2001 on its power and the type of counterterrorism regime it has developed as a result. The proliferation of organizations acting to combat terrorism inevitably arouses concerns regarding the potential for clashes among the various legal regimes. This topic is explored in Part 3 of the book. Here the focus is primarily on the terrorism sanctions regime forged at the UN level and later implemented by the EU and its member states. Additionally, the author discusses the manner in which human rights and the rule of law have become integral parts of increasing case law on sanctions against terrorists. Through the conduit of courts, she notes, a balance has I Reviewed by Rachel Frid de Vries Sovereignty in the Age of Global Terrorism: The Role of International Organizations by Miriam Feinberg Brill Nijhoff (2016), 206 pp.
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