Regulatory counter-terrorism: a critical appraisal of proactive global governance

Abstract

Nathanael Ali sets out to show readers how global governance in regulatory counterterrorism has produced more harm than good. He argues that the global governance structure of counterterrorism ‘is built on the erosion of legal formality’ (p. 12). In particular, he highlights two areas where the erosion of legal certainty has been the most marked: remittances and international air travel (especially in the Horn of Africa). Ali locates the origins of regulatory counterterrorism in proactive regulation; the activities of non-state actors (at the behest of states); and a stereotyping approach to Muslims or people from the global South who are seen as a threat to public safety. These factors, he argues, have led to a new form of global governance that enhances ‘the reach and efficacy of global public power through a strategic move away from certain formal international law precepts regarding law making and enforcement’ (p. 6). What is particularly fascinating about Ali's argument is the way he demonstrates that the breakdown of international law was crucial to creating a system of global regulatory counterterrorism. In other words, policy-makers and non-state actors (as well as intelligence services) gleefully operate on the shadow side of international law by playing on the fear of the other. Ali goes on to discuss the various proactive regulatory measures on counterterrorism financing, noting that financial institutions act as ‘front-line enforcers of international norms’ (p. 67). In international air travel, the various biometric and personal data that passengers must submit prior to travel often violate not only privacy laws but also the dignity of the individual.