Grachova V. International legal regulation of the fight against terrorism at the universal level

The thesis is dedicated to the comprehensive study of the modern international legal regulation of the fight against terrorism at the universal level in the context of enhancing its efficiency. Considering the global nature of terrorism, the unique role of the United Nations in the fight against it and the universalization of the international legal regulation in solving the urgent problems of international peace and security, the author discloses the leading role of the Charter of the UN, the acts of the UN Security Council and the UN General Assembly and the modern universal anti-terrorist treaties in the international legal regulation of the fight against terrorism at the universal level and elaborates a complex approach to the enhancement of its efficiency. The author elaborates an integral characteristic of the process of the formation of the international legal fundamentals of the cooperation of States in the fight against terrorism which includes three periods. Analyzing the UN Charter as an international treaty sui generis the author discloses its fundamental role in ensuring legal and institutional bases for the global fight against terrorism. On the basis of the analysis of the UN SC and the UN GA acts the author discloses their common and specific roles in the sphere of the international legal regulation of this fight, notably, the important functions of the UN GA in the process of international law-making by States which have assured the formation of the universal anti-terrorist treaty basis, and the role of the UN SC "quasi-legislative" anti-terrorist acts. The universal terrorism-related treaties are characterized in the thesis as an essential tool of the international legal regulation of the fight against it in the conditions of globalization. The author suggests and defines the unique concept of the "universal anti-terrorist treaties", elaborates their classification and identifies their common substantial regulatory elements. Analyzing their standardized provisions on criminal law-based fight against terrorism, the notion of "standards" in international law and the adequate provisions of the Draft comprehensive convention on international terrorism, the author grounds and defines the universal international standard of the criminal law-based fight against terrorism and suggests the directions of improvement of the modern universal criminal justice mechanism of the fight against it. The analysis of the modern complex of the universal anti-terrorist treaties, the Draft comprehensive convention on international terrorism and the expansion of the adequate legal and scientific definitional views have led the author to the suggestion on formulating the general universal legal definition of it. The author also explores terrorism as the manifestation of a social conflict and argues that the main tool of the general enhancement of the efficiency of the international legal regulation of the fight against it lies in ensuring a broad social prevention based on countering the main factors of the genesis of terrorism globally. Analyzing and expanding the conflictological approach in the international legal regulation of the fight against terrorism, other scientific views on its elimination as a factor of social life, and considering the provisions of the UN GA acts on the comprehensive system of international peace and security, in particular, emphasizing the consolidation of the norms of civilized conduct in international relations, the author suggests the general preventive approach - the civilizing approach - in the international legal regulation of the fight against terrorism.