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1: Introduction Working Papers WP 2018-04 Centre for German and European Studies (CGES) Daria Kuklinskaia Social and political factors of the anti-terrorist legislation development: Cases of the United Kingdom, Germany and Russia WP 2018-04 2018 № 4 Bielefeld / St. Petersburg Working Papers WP 2018-04 Centre for German and European Studies Bielefeld University St. Petersburg State University Centre for German and European Studies (CGES) CGES Working Papers series includes publication of materials prepared within different activities of the Centre for German and European Studies both in St. Petersburg and in Germany. The CGES supports educational programmes, research and scientific dialogues. In accordance with the CGES mission, the Working Papers are dedicated to the interdisciplinary studies of different aspects of German and European societies. The paper is based on an MA thesis defended at the MA 'Studies in European Societies' in June 2018 and supervised by Dr. Elena Belokurova. This paper is dedicated to the analysis of the social and political factors that could have influenced anti-terrorist legislation development (by the examples of the United Kingdom, Germany and Russia). The political factors that were analyzed include the international obligations imposed on the countries by the international conventions and treaties, whereas social factors that were researched are the internal and external shocks and policy-oriented learning processes. The paper also puts a special emphasis on the comparative analysis of the contemporary anti-terrorist legislations in the chosen countries (since the end of 1990s until 2017). Publication of the thesis as a CGES Working Paper was recommended by the Examination Committee as one of the best theses defended by the students of the MA SES in 2018. Daria Kuklinskaia graduated from the Faculty of Sociology (MA SES) in 2018. Her academic interests include public policy, policy decision-making, global governance and problems and cases of the human rights violations. Contact: [email protected] ISSN 1860-5680 © Centre for German and European Studies, 2018 2 Working Papers WP 2018-04 Centre for German and European Studies Table of Contents Introduction ............................................................................................................................. 5 Chapter I. Definition of terrorism and theories of legislation development through political decision-making .................................................................................................................... 11 Section I. The Notion of Terrorism in Legal and Academic Discourse ........................ 11 Section II: Legislation Development as Political Decision-Making: Theory of Interdependence and Advocacy Coalition Framework ................................................ 15 Section III: Research Methodology and Hypotheses ................................................... 26 Conclusions on Chapter I ............................................................................................ 27 Chapter II. Anti-terrorist legislation in the UK, Germany and Russia: Main trends and comparative analysis ............................................................................................................ 29 Section I: The Case of the United Kingdom ................................................................ 29 Section II: The Case of Germany ................................................................................ 32 Section III: The Case of Russia ................................................................................... 34 Section IV: Comparison of the Anti-Terrorist Legislation in the UK, Germany and Russia ......................................................................................................................... 37 Conclusions on Chapter II ........................................................................................... 40 Chapter III. Analysis of the external political factors of the anti-terrorist legislation development in the UK, Germany and Russia via interdependence theory approach. .............................. 41 Section I. International Influence: The Case of the United Kingdom ........................... 48 Discussion of Results: The Case of the United Kingdom ............................................ 51 Section II. International Influence: The Case of Germany ........................................... 52 Discussion of Results: The Case of Germany ............................................................. 55 Section III. International Influence: The Case of Russia .............................................. 56 Discussion of Results: The Case of Russia ................................................................. 62 Conclusions on Chapter III .......................................................................................... 64 3 Working Papers WP 2018-04 Centre for German and European Studies Chapter IV. Analysis of the Internal Social Factors of the Anti-Terrorist Legislation Development in the UK, Germany and Russia within Advocacy Coalition Framework Approach .............................................................................................................................. 65 Section I. Internal Social Factors: The Case of the United Kingdom .......................... 66 Discussion of Results: The Case of the United Kingdom ............................................ 75 Section II. Internal Social Factors: The Case of Germany ........................................... 77 Discussion of Results: The Case of Germany ............................................................. 87 Section III. Internal Social Factors: The Case of Russia ............................................. 88 Discussion of Results: The Case of Russia ................................................................. 96 Conclusions on Chapter IV .......................................................................................... 98 Conclusion .......................................................................................................................... 101 References ......................................................................................................................... 106 Appendix 1 .......................................................................................................................... 131 4 Working Papers WP 2018-04 Centre for German and European Studies Introduction After 9/11 the whole world is living under a great threat of terrorism. The attack on the New York City showed that from now on no one is safe and that the countries have to take this problem seriously. Since 2001 the global war on terrorism, famously proclaimed by George W. Bush1 and supported all over the world, is officially on. However, the intensity of the hostilities, including the responses on the governmental actions, varied through the years and from region to region After 2001, the attention of terrorists shifted from the USA to Europe with the terrorist acts happening in the underground of Madrid in 2004 and London in 2005. Then there was a standstill on a global perspective for a couple of years before the new actor came into play – the Islamic State of Iraq and Syria (ISIS) which has committed or inspired 143 attacks in 29 countries since its creation in 20132 (ISIS has transferred into the Islamic State (IS) in June 2014 by proclaiming itself a caliphate). For example, the IS, which is a prohibited organization in the Russian Federation, admitted its responsibility for such resonant cases as Paris attacks in 2015, Nice attack in July 2016, Istanbul bombing of the tourists’ places of interests in January 2016, Brussels attack in the airport and subway in March 2016, Berlin Christmas market attack in 2016, numerous incidents in the UK in the spring and the beginning of the summer of 2017 (for instance, Westminster attack in March, Manchester Arena bombing in May, London attack in June) and Barcelona attack in August 2017. These are only the recent cases of terrorist attacks that caused public outcries and intense debates on how to make the societies safer and eliminate the terrorist threat. The shaping of the political agenda caused by the acts of terrorism is of particular interest for this paper: to be more specific, the transformations of the public policy aimed at combating terrorism. As the anti-terrorist laws are one of the most influential and effective responses that a government can propose in this battle, it is quite understandable why the significant bulk of literature is dedicated to counter terrorism legislation: Yogev Tuval3 explored these kinds of laws in the US and UK, Dmitriy Polianskiy in Russia4, Kevin Horbatiuk in Germany5. Moreover, anti-terrorist laws are being researched all over the globe. 1 Text of George Bush’s speech // The Guardian [Electronic Resource]. – URL: https://www.theguardian.com/world/2001/sep/21/september11.usa13 (accessed: 03.03.2018). 2 Lister T., Sanchez R., Bixler M., O’Key S. ISIS Goes Global: 143 Attacks in 29 Countries Have Killed 2,043 // CNN News [Electronic Resource]. – URL: https://edition.cnn.com/2015/12/17/world/mapping-isis-attacks-around-the-world/index.html (accessed: 03.03.2018). 3 Tuval Y. Anti-terrorism legislation in Britain and the US after 9/11. The Israel Democracy Institute [Electronic Resource]. – URL: https://en.idi.org.il/articles/6936 (accessed: 03.03.2018). 4 Полянский Д. Терроризм как политические явление в современной России. Дисс. …
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