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Law in Times of Crisis: Emergency Powers in Theory and Practice. By Oren Gross and Fionnuala Ní Aoláin. Cambridge, New York: Cambridge University Press, 2006. Pp. xxix, 481. Index. $100, £55, cloth; $52, £27.99, paper.

Published online by Cambridge University Press:  27 February 2017

Frederic L. Kirgis
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Type
Recent Books on International Law
Information
American Journal of International Law , Volume 101 , Issue 3 , July 2007 , pp. 688 - 692
Copyright
Copyright © American Society of International Law 2007

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References

1 The latter is also a professor of law and associate director of the Transnational Justice Institute at the University of Ulster.

2 For some earlier treatments, see Subrata Roy, Chowdhury, Rule of Law in a State of Emergency (1989)Google Scholar; Joan, Fitzpatrick, Human Rights in Crisis (1994)Google Scholar; Jaime, OraÁ, Human Rights in States of Emergency in International Law (1992)Google Scholar; Stephen, P. Marks, Principles and Norms of Human Rights Applicable in Emergency Situations: Underdevelopment, Catastrophes and Armed Conflicts, in l The International Dimensions of Human Rights 175 (Karel, Vasak ed., 1982)Google Scholar.

3 Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952).

4 Hamdan v. Rumsfeld, 126 S.Ct. 2749 (2006); Hamdi v. Rumsfeld, 542 U.S. 507 (2004); Rasul v. Bush, 542 U.S. 466 (2004).

5 For the full explication, see Oren, Gross, Are Torture Warrants Warranted? Pragmatic Absolutism and Official Disobedience, 88 Minn. L. Rev. 1481 (2004).Google Scholar

6 126 S.Ct. 2749.

7 In addition to Hamdan, see Derek, Jinks, September 11 and the Laws of War, 28 Yale J. Int’l L. 1, 39–41 (2003)Google Scholar; Anthony, Dworkin, Military Necessity and Due Process: The Place of Human Rights in the War on Terror, in New Wars, New Laws? Applying the Laws of War in 21st Century Conflicts 53, 60–61 (David, Wippman & Matthew, Evangelista eds., 2005).Google Scholar

8 Their concerns closely parallel those of the International Helsinki Federation For Human Rights, Anti–Terrorism Measures, Security And Human Rights: Developments In Europe, Central Asia And North America In The Aftermath Of September 11 , at 42 (2003), at <http://www.ihf–hr.org/documents/= (cited in the book under review at 402 n.110).

9 See SC Res. 1624, para. 4 (Sept. 14, 2005) (adopted by the summit meeting of the heads of state and government) ; see also Security Council Committee Established Pursuant to Resolution 1373 (2001) Concerning Counter–terrorism, Policy Guidance PG.2, UN Doc. S/AC.40/2006/PG.2 (May 25, 2006).