The European Review of International Studies recently published my latest article, entitled “Politicisation, Law and Rights in the Transnational Counter-Terrorism Space: Indications from the Regulation of Foreign Terrorist Fighters” ((2018) 5(3) European Review of International Studies 115). In the article, I extend my ongoing work on transnationalism and counter-terrorism, and especially on the European Union as a relevant counter-terrorism actor. Here is the abstract:
Since 2001 a transnational counter-terrorism space has emerged that is vast in its scale and ambition and which can be discerned at both ‘universal’ (i.e. United Nations) and regional (e.g. European Union) levels, as well as in other formal and informal international organisations (for example the G7 and the Global Counter-Terrorism Forum). This article explores the question of politicisation within that transnational counter-terrorism space, and the potential for meaningful politicisation in respect of initiatives and measures emanating from transnational processes. Taking the example of ‘foreign terrorist fighters’ it argues that a shift in arena to the transnational counter-terrorism space has fundamentally challenged the capacity for effective and meaningful politicisation; that the transnational counter-terrorism space can be depoliticised by design, that where this happens the domestic counter-terrorism space is depoliticised by implication, and that the legal benefits of politicisation may thus be lost to the detriment of rights, legality and accountability.
The paper is available open access in pre-print form from the University of Birmingham, or in final form (£) from the publisher.
The latest issue of the King’s Law Journal is a special reflection on ‘civil liberties under Conservative-led governments since 2010′. The papers within the issue cover a wide range of topics including human rights protection across what Colin Harvey calls the “fractured union” of the UK, to the European Social Charter discussed by Colm O’Cinnéide.
My colleague Lydia Morgan and I have a paper on counter-terrorism law and policy (“Is there a Conservative counter-terrorism?”), wanting to question whether there is something distinctive about the Conservative approach to counter-terrorism in the post-2010 era when compared with what came before it. In the paper we find that actually there is a remarkable level of substantive continuity between New Labour governments from 1997-2010 and the 2010+ approach in Conservative-Led governments. The Blair/Brown approach in turn is deeply informed by what preceded it, especially in Northern Ireland, so that in fact there is a fairly wide and deep consensus about some core commitments within UK counter-terrorism law. Those core commitments are: a focus on prevention, an embrace of surveillance, and a manifestation of human rights scepticism in the counter-terrorism context. Continue reading “New article: Is there a Conservative Counter-Terrorism?”
My latest paper, written with Mima Markicevic, has just been published in the Women’s Studies International Forum. The paper, entitled “Reforming abortion law in Ireland: Reflections on the public submissions to the Citizens’ Assembly“, builds on a hand coding of a sample of over 1,000 submissions to the Assembly on the 8th Amendment and considers the arguments made out therein, placing them against the backdrop of the Joint Oireachtas Committee and the eventual referendum campaign. Access is free through this link for the first 50 days of publication, and this extract from the introduction gives a good sense of the overall argument:
Following a detailed, hand-coded analysis of over 1000 of the submissions received we found that they attend primarily to ‘broad’ or ‘first principles’ arguments about abortion per se, and are only minimally concerned with technical (and technocratic) arguments about the future shape and nature of the legal regulation of abortion. Within the submissions themselves there is limited evidence that key arguments about harm, the impact of criminalization, and the requirements of international human rights law that were advanced by pro-repeal advocates achieved significant purchase, while the pro-retain submissions revealed a significant dependence on emerging arguments about disability and disability rights in anti-abortion activism. In contrast, arguments of constitutional design, of international human rights law, of legal certainty, of medical practice etc. dominated the official narrative that followed the Assembly, in particular the Joint Oireachtas Committee that was established especially to receive and consider the report of the Assembly and make recommendations to the parliament as a whole (Houses of the Oireachtas, 2017). In this paper we focus on the primary arguments made the submissions from the general public to the Citizens’ Assembly. We go on to consider the extent to which these arguments subsequently arose in the referendum campaign of 2018. Relying on a detailed exit poll from the referendum vote (RTE & Behaviour and Attitudes, 2018), we argue that the arguments made in these submissions continued to motivate voters on the day of the referendum itself, even where the elite and official discourses of the referendum campaign itself diverged somewhat from these. This analysis raises questions about the purpose of the Citizens’ Assembly per se and particularly about whether its primary impact was on official political narratives of abortion law reform in Ireland rather than on the everyday voter as she engaged with the issues.
Together with my colleagues Máiréad Enright (Birmingham), Ruth Fletcher (QMUL), and Vicky Conway (DCU) I have written and published a Position Paper on the Updated General Scheme of the Health (Regulation of Termination of Pregnancy) Bill 2018. In the paper, which we have published on the Lawyers for Choice website, we make a number of recommendations for (i) improvements to the General Scheme (ii) designing clinical guidance to avoid unintended ‘chilling effects’ which inhibit meaningful access to abortion care (iii) policy and resource commitments (iv) regulation of the medical profession. The overall thrust of the paper is that
The General Scheme is designed for a post-repeal Constitution in which women’s full rights must be taken into account. Abortion legislation must be drafted and interpreted to give effect, not only to pregnant people’s right to life, but to their rights to privacy, bodily integrity, freedom of conscience, liberty, equality, and freedom from inhuman and degrading treatment. However, the General Scheme does not make a sufficient break from the legal regime shaped and dominated by the 8th Amendment, which insisted on legal equivalence between a pregnant person and a foetus.
Continue reading “Position Paper on the Updated General Scheme of the Health (Regulation of Termination of Pregnancy) Bill 2018”