JUSTICE - No. 59

55 Spring-Summer 2017 been sought between the ever-increasing strong executive role in national security issues and the challenge of ensuring maximal protection of human rights even in this context. EU courts’ case law features prominently in this endeavor, but it also arouses concern that the EU courts’ judgments might lead to a fragmentation of the international counterterrorism regime. Regarding the role of courts, the author concludes on the basis of her research, regional organizations that include a court have had a more significant impact on the measures adopted both by States and international organizations. This is because they have provided an alternative discourse to the executive-focused one. This role has become fundamental, especially given the targeting of individuals, rather than States, by the sanctions regimes. As for the impact on sovereignty, this book aims to examine whether the internationalization of counterterrorism measures through the transfer of competences to international and regional organizations, and the implementation (or absence) of these measures, has had an impact on the sovereignty of states. The author concludes that the impact is limited by the nature of the organs adopting the measures and/or by the fact that many international instruments are widely adopted, yet poorly implemented, as they require that states adopt domestic measures that can vary widely from the original intent. Feinberg concludes that the absence of a truly international court to deal with terrorism, the lack of an international definition of terrorism, and the existence of so many varied, and sometimes conflicting, counterterrorist regimes – all lead to legal uncertainty. But far from weakening state sovereignty, international organizations, according to Feinberg, have contributed to the strengthening of the security agenda of states. Feinberg does not disentangle the web of legal complexities thrown up by the multilayered battle against the scourge of international terrorism, nor could she be expected to do so. But scholars, policy makers and interested lay readers will learn much from her coherent presentation of the manner in which states and international organizations have interacted to maximize their joint and separate efforts to combat global terrorism during the critical years examined in this book. n Dr. Rachel Frid de Vries lectures on EU Law, Private International Law and Arbitration Law at Carmel Academic Center in Haifa, Israel. She was formerly Deputy to the Vice Attorney General (International Law) at the Israel Ministry of Justice.

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