CEU Electronic Theses and Dissertations, 2020
| Author | Rumbol, Maria Nicole |
|---|---|
| Title | The Chilling Effect of Terrorism and Violent Extremism Regulation: The UN, UK and US |
| Summary | A study into the laws and policies at national, regional and international levels - from case studies of the United States (US), United Kingdom (UK) and United Nations (UN) - aimed at tackling terrorism and violent extremism and the effect on our freedom of expression. Terrorism is a security concern for many States and a particularly motivating factor for enhancing national security laws. Following 9/11, there was a proliferation of anti-terrorism regulation as well as policies aimed at countering violent extremism (or radicalisation) domestically, as exampled by the UK and US. Also, internationally, as is reflected by different bodies of the UN; namely the Security Council, Human Rights Council, Human Rights Committee, and Special Procedures. This thesis considers that the jurisdictional tests for protecting free expression with the broad and undefined national security aims give way to regulation which can, and do, impede free expression. In particular, examining how the lack of a universal and concise definition of those threats has led to the excessive and overbroad regulation which has, in turn, had an absurd and arbitrary chilling effect on important actors in our democracies, invoking examples of the media, journalists, human rights defenders, academics, Internet intermediaries, and vulnerable persons and groups. This thesis will identify the domestic free speech and national security justifications and standards, as well as the authoritative interpretation and scrutiny of UN bodies. Utilising this comparative assessment, the thesis will then foster a more pragmatic defining approach to such regulation. It will make recommendations to each jurisdiction to bring counter-terrorism and violent extremism regulation in line with international human rights standards and thus better protect our freedom of expression. |
| Supervisor | Parmar, Sejal |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2020/rumbol_maria.pdf |
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