Place: University of the Philippines, UP
Leader: Ana Salinas de Frías
COORDINATION OF THE MODULE
Coordinator: Prof. Jr. Dr. Ana Salinas de Frías, Chair of Public International Law, University of Málaga. Prof. Salinas is currently Ad Hoc Judge at the European Court of Human Rights. She has a long experience as independent legal advisor on terrorism issues either for national governments or for International Organisations (UN, EU, CoE, OSCE). She is the author of a number of legal opinions addressed to those entities, but also the author of a number of specialized research papers, books and articles published by national and international publishers and periodicals. She is also responsible for training courses on different aspects related to the action against terrorism addressed to law students, but also particularly addressed to legal professionals: judges, advocates, public prosecutors, prison’s staff. In this sense Prof. Salinas and her team have an outstanding capacity and experience in order to organise and deliver the subject matter proposed below.
All members of the team have a strong background on the proposed topic, either form a theoretical and from a practical point of view. The module is to be developed along 5-day module, eight hours per day, combining both theoretical and practical activities (case-method; moot courts; etc.)
SUBJECT PROPOSED: JUSTIFICATION AND SYLLABUS
INTERNATIONAL LAW AND COUNTER-TERRORISM
It seems needless to remark the importance of the topic dealt with in this proposal, in particular due to three main factors: first, because of the global dimension that current international terrorism has acquired, according to which new phenomena, new concepts and new challenges have appeared and which require a new legal approach; second, the challenges posed by this new reality is in urgent need to be solved from a legal point of view, in particular taking into account new problems connected with the new forms of implementing terrorist attacks and keeping in mind the importance of a preventative approach; and third and foremost, due to the fact that The Philippines is a sovereign state most affected by the threat and action of terrorist groups.
Last but not least, the fact of training students in a solid background of these concepts would accomplish with the main goals of the overall EU Commission purpose pursued by this international cooperation programme: to support modernization, accessibility and internationalization of higher education in partner countries, assisting them to improve their capacity (capacity building) for confronting crucial social problems and new legal challenges, as action against terrorism is a transversal issue that tackles with a number of international law issues: respect for human rights, self-defence, international treaties and other international legal sources, international responsibility, use of force, preventative action, international judicial cooperation in criminal matters, etc. This will result in a better fuelled and more fruitful cooperation with the EU and in an overall better mutual cultural understanding and cultural enrichment. A proper, solid and professional training of law students on these issues would result, all in all, in better professionals and a more competitive society at the time of confronting the gravest social threats and criminal problems. The fight against terrorism is also a priority for the ASEAN so that including the proposed subject in the concerned syllabus would mean teaching also about ASEAN action and legal sources as well as priorities. Additionally, after having reviewed partner universities and institutes’ syllabus our proposal is, indeed, a complementary option which would not only perfectly fit but also enrich and complete the following study programmes:
-Ateneo de Manila University: LLM, International Human Rights Law Track
-University of The Philippines: LLM, Government, Public Advocacy, and Judging Track (either as a new subject or as a part of the course on International Criminal Law and Transnational Crimes.
-University of San Agustín: LLB: Either as a new course or as a part of the courses on Public International Law or Criminal law.
-Ateneo de Zamboanga University: LLB, Either as a new course or as a part of the courses on Public International Law or Criminal law.
Session 1 (Day 1)
- International and regional (European and ASEAN) Legal frameworks in countering international terrorism
- The terrorist crime: defining v. listing system
Session 2 (Day 2)
- Preventative v. repressive approach
- International legal cooperation mechanisms in order to prevent anf fight terrorism. Gathering and use of evidence
Session 3 (Day 3)
- Jurisdiction criteria and extraterritoriality: pros and cons
- Terrorism and new technologies
Session 4 (Day 4)
- Financing of terrorism
- Links between terrorism and transnational organized crime
Session 5 (Day 5)
- Countering terrorism while respecting human rights
- Prevention of radicalization and violent extremism conducive to terrorism
Final assessment task
WP2-ACTIVITY 8. SEMINAR (1) TITLE: 8.2.PIRACY AND MARITIME SECURITY THREATS AT SEA
Place: University of the Philippines, UP
Leader: Richard Collins UCD