Brave New World U.S. Responses to the Rise in International Crime--An Overview

This Article first considers why one should evaluate the current situation of international crime as a "Brave New World," focusing primarily on international terrorism, international drug trafficking and the relationship between the two in the form of "narco-terrorism." ... Although there are no dou...

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Journal Title: Villanova Law Review Vol. 50; pp. 375 - 424
Author: John F Murphy
Format: Article
Published: Oct 2005
Online Access: Full Text
Summary: This Article first considers why one should evaluate the current situation of international crime as a "Brave New World," focusing primarily on international terrorism, international drug trafficking and the relationship between the two in the form of "narco-terrorism." ... Although there are no doubt various reasons for this resistance, a primary reason may be that (so far) Hamas and Hizbollah have limited their terrorist attack to Israel and Israeli targets; whereas, as we have seen, Al Qaeda focuses primarily on the United States and Muslim countries, whose governments it seeks to overthrow. ... The severity of the September 11, 2001 attacks and of the subsequent use of military force by United States and select North Atlantic Treaty Organization (NATO) forces against the Taliban and Al Qaeda in Afghanistan, as well as the highly controversial use of force to remove the Saddam Hussein regime in Iraq, have raised an issue as to the appropriate legal regime to apply efforts to control international terrorism. ... On the other hand, TRIA, unlike previous legislation, limits the President's waiver authority to an asset-by-asset determination that a "waiver is necessary in the national security interest ... ." Moreover, the President can utilize his waiver authority only to protect a few types of diplomatic property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations. ...
ISSN: 0042-6229