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Preventing Terrorism with Precaution: An Examination of the Precautionary Principle to Counter-Terrorism Measures
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Since the core elements of precautionary principle in the field of environment protection
and of preventive counter-terrorism are highly corresponded, it is of necessity and
possibility to apply the precautionary principle to preventive counter-terrorism in theory
and practice. Due to the imperfection of the precautionary principle and the complexity
of the risk of terrorist attack, the application of the precautionary principle to preventive
counter-terrorism is not mature in theory and is quite difficult in practice. However, it is
of great significance and has enough research space to explore. The determination of risk
threshold is the most critical part and the biggest difficulty in applying the precautionary
principle to preventive anti-terrorism. It should adhere to the guidance of "problemoriented", "dynamic thinking" and "multi-dimensional exploration". This paper proposes
that the specific methods of applying the precautionary principle to the field of preventive
counter-terrorism, can be specifically designed in combination with the main methods in
the three stages of preventive counter-terrorism. The first stage is to set the risk threshold
for the "preemptive military attack"; in the second stage is to avoid the distortion and
abuse of preventive legislation and law enforcement; while in the third stage is to
effectively strengthen the "assessment" function of government’s functional departments
and scientifically accurately assess the possibility and danger of "extremism" becoming
terrorism in order to implement effective interventions. China's preventive anti-terrorism
efforts are in processing. They have three key tasks: to explore the establishment of a
system to regularly announce the identification of terrorist organizations and terrorists;
to further promote and guide social units to participate in preventive counter-terrorism
governance; to encourage internet companies to actively fulfill their obligation to
participate in preventive anti-terrorism.
Advance Legal Research Foundation
Title: Preventing Terrorism with Precaution: An Examination of the Precautionary Principle to Counter-Terrorism Measures
Description:
Since the core elements of precautionary principle in the field of environment protection
and of preventive counter-terrorism are highly corresponded, it is of necessity and
possibility to apply the precautionary principle to preventive counter-terrorism in theory
and practice.
Due to the imperfection of the precautionary principle and the complexity
of the risk of terrorist attack, the application of the precautionary principle to preventive
counter-terrorism is not mature in theory and is quite difficult in practice.
However, it is
of great significance and has enough research space to explore.
The determination of risk
threshold is the most critical part and the biggest difficulty in applying the precautionary
principle to preventive anti-terrorism.
It should adhere to the guidance of "problemoriented", "dynamic thinking" and "multi-dimensional exploration".
This paper proposes
that the specific methods of applying the precautionary principle to the field of preventive
counter-terrorism, can be specifically designed in combination with the main methods in
the three stages of preventive counter-terrorism.
The first stage is to set the risk threshold
for the "preemptive military attack"; in the second stage is to avoid the distortion and
abuse of preventive legislation and law enforcement; while in the third stage is to
effectively strengthen the "assessment" function of government’s functional departments
and scientifically accurately assess the possibility and danger of "extremism" becoming
terrorism in order to implement effective interventions.
China's preventive anti-terrorism
efforts are in processing.
They have three key tasks: to explore the establishment of a
system to regularly announce the identification of terrorist organizations and terrorists;
to further promote and guide social units to participate in preventive counter-terrorism
governance; to encourage internet companies to actively fulfill their obligation to
participate in preventive anti-terrorism.
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