International counter-terrorism regulation and citizenship-stripping laws-reinforcing legal exceptionalism

Burchardt, Dana and Gulati, Rishi (2018) International counter-terrorism regulation and citizenship-stripping laws-reinforcing legal exceptionalism. Journal of Conflict and Security Law, 23 (2). pp. 203-228. ISSN 1467-7954

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In this article, we conduct a timely analysis of international counter-terrorism law and its relation to domestic measures like citizenship stripping in light of the exceptionalist and extra-legal tendencies of the former. We highlight the pingpong effect between international and domestic counter-terrorism laws showing that domestic and international law mutually reenforces each other's exceptionality. We argue, first, that the international law framework for counter-terrorism measures exhibits the characteristics of a 'model of accommodation', fostering an extra-ordinary legal approach that is inspired by domestic law designs of counterterrorism law; second, that international law further enables and encourages domestic law to adopt extra-ordinary or even extra-legal measures in the field of counter-terrorism; and third conversely, domestic measures like citizenship-stripping laws more broadly affect general international law by contributing to the normalization of extra-ordinary legal measures. In this regard, we discuss recent domestic citizenship-stripping laws as an expression of a renewed emphasis on exceptionalism and extra-legalization of counter-terrorism measures. Considering citizenship-stripping laws enacted in various jurisdictions, including Australia, Canada and the UK, we argue that by justifying exceptionalist citizenship-stripping laws as permissible under both, international and domestic law, states will permanently affect the concept of citizenship nationally and internationally.

Item Type: Article
Additional Information: Publisher Copyright: © Oxford University Press 2018. All rights reserved.
Uncontrolled Keywords: safety, risk, reliability and quality,safety research,law,sdg 16 - peace, justice and strong institutions ,/dk/atira/pure/subjectarea/asjc/2200/2213
Faculty \ School: Faculty of Social Sciences > School of Law
Related URLs:
Depositing User: LivePure Connector
Date Deposited: 10 Jan 2023 10:32
Last Modified: 16 Jan 2023 01:53
DOI: 10.1093/jcsl/kry012

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