The rule of law

Fletcher N. Baldwin and Theresa A. DiPerna

Journal of Financial Crime, 2007, vol. 14, issue 4, 405-437

Abstract: Purpose - This paper aims to explore complexities of compliance with international and customary law when faced with terrorist threats. The paper's thesis asserts that terrorism cannot be successfully repelled unless the legitimacy of international and domestic law is adhered to by states out of a sense of reciprocal obligation in accordance with the principle ofpacta sunt servanda(pacts shall be respected). Design/methodology/approach - This paper examines US pronouncements in order to assess strategic validity. Findings - While the Middle East, particularly Iraq, has been the focus of the US “War on terrorism,” the paper suggests two questions: what has been the US response to terrorist threats in the Americas? Have US national security priorities post‐9/11 been unnecessarily diverted from the Americas where much needed support is promised but lacking, and instead have resources been concentrated far beyond domestic and international norms? Originality/value - The paper examines the US national security priorities, concluding that they have been unproductively diverted from the Americas to the Middle East in general and Iraq in particular. The US fixation upon Middle East “regime‐change”, while neglecting to recognize the dangerous nexus and presence of organized crime and terrorist organizations in the Americas, is illustrative of how the present administration has diverted its post.

Keywords: Terrorism; Laws; Crimes; United States of America (search for similar items in EconPapers)
Date: 2007
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Persistent link: https://EconPapers.repec.org/RePEc:eme:jfcpps:13590790710828145

DOI: 10.1108/13590790710828145

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