Abstract

Recent years have witnessed a significant increase in the amount of counterterrorism legislation worldwide. The commonly held assumption behind the adoption of counterterrorism legislation links it to the terrorist threat in a state. However, little research has focused on empirically testing reasons driving states to legislate. This article addresses this void by analyzing the puzzle of why states choose to adopt new terrorism-specific legislation. The article presents empirical analysis of the probability of states to legislate before and after September 11, 2001, and is based on a new database of counterterrorism legislation. The findings reveal that before September 11, state decisions to adopt new legislation correlated with the number of terrorist organizations operating in their territory. Since September 11, however, the most significant predictors for the adoption of new legislation have become the existence of previous counterterrorism legislation and the participation of a state in the War on Terror.

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