Confronting Global Terrorism and American Neo-Conservativism: The Framework of a Liberal Grand Strategy (Collected Courses of the Academy of European Law)

"This book brings together and subjects to critical scrutiny the core controversies connected to the so-called 'War on Terror': When is it legitimate and prudent to use force? Is torture ever justified? Do we need to suspend human rights in order to fight terrorism? Is multi-culturalism the answer to communal conflict? Is Israel's treatment of the Palestinians illegal and immoral, an accelerator of terrorism, or legitimately defensive and largely irrelevant to the terrorism problem? Are terrorists responding to concrete US policies or do they simply hate and wish to destroy Western societies?" "Liberal intellectuals and political leaders have been slow to articulate a grand strategy informed by liberal values for confronting these issues surrounding global terrorism. The book outlines the framework of a liberal strategy and exposes the costs of the neo-conservative alternative that has driven US foreign policy since 9/11"--Jacket Contents 1. Introduction: Liberalism, Human Rights, Terrorism and Neo-Conservatism 1. Liberalism 2. Human Rights 3. Terrorism A. The Moral Economy of Terrorism in the Service of National Liberation B. Renewing the Struggle for a General UN Convention on Terrorism 4. Neo-Conservatism A. Neo- and Realist Conservatives B. The Neo-conservative Project C. Liberalism and Neo-conservatism: Destined to Duel 2. Legal and Legitimate Use of Force: In the Struggle Against Transnational Terrorism is the UN Charter Quaint? 1. The Original Understanding 2. The New Global Context and the Call for Loosened Restraints on the Use of Force A. Law and the Interests of Powerful States: 1945–89 B. Law and the Interests of Powerful States after the Cold War: The Neo-conservative Project and the Use of Force C. The Neo-conservative Project and the Interests of the West 3. The UN’s Restatement of its Norms 4. The Liberal Case for Conserving Normative Restraint 3. Cruelty and the National Interest: The Question of Legitimate Means 1. Standards and the Post-9/11 Setting 2. Deconstructing the Laws of War 3. Liberal Values and the Temptation to Torture 4. The Latin Americanization of the American “War” on Terrorism 4. Terrorism, Communalism and Democracy: The Limits of Tolerance 1. Civic Communities and Communities of Blood and of Faith 2. Communalism and Liberalism 3. Reconciling Liberal Government and Minority Claims: General Principles and Human Rights Norms A. The Human Rights of Illiberal Minorities B. The Evolution of Minority Rights in the Post-modern Era C. Minority Claims and Liberal Values 4. Liberal Values and Minority Claims: Toward Practical Accommodation 5. Then . . . What is to be Done? 5. The Iconic Conflict between Israelis and Palestinians: The Normative Parameters of a Settlement 1. The Legal Parameters of a Just Settlement A. Self-Determination of Peoples 2. The Problematics of Borders 3. The Question of Forfeiture 4. Israel and the Occupied Territories in Light of Human Rights Law and the Law of War 5. A Legal Right in Search of a Remedy 6. Conclusion: The South African Analogy 6. Toward a Liberal Grand Strategy 1. Ideas and Actions 2. Toward a Liberal Grand Strategy of Containment A. Pluralists and Reductionists B. Hearts and Minds C. Words and Deeds Index A B C D E F G H I J K L M N P R S T U V W Y Z