IDEAS home Printed from https://ideas.repec.org/a/gam/jlawss/v12y2023i1p15-d1051780.html
   My bibliography  Save this article

The Justice Against Sponsors of Terrorism Act (JASTA) from a Civil Procedure Perspective

Author

Listed:
  • Shahrul Mizan Ismail

    (Faculty of Law, Universiti Kebangsaan Malaysia, Bangi 43600, Selangor, Malaysia)

  • Ali Ibrahim Alheji

    (Faculty of Law, Universiti Kebangsaan Malaysia, Bangi 43600, Selangor, Malaysia)

Abstract

Terrorism is a global threat that has caused immense suffering and loss of life. The United States’ Justice Against Sponsors of Terrorism Act (JASTA) is an important piece of legislation that allows victims of terrorism to hold foreign entities accountable for their actions. However, there is a need to evaluate the act from the perspective of Civil Procedure to determine its effectiveness in providing remedies for victims and addressing the challenges of holding foreign entities accountable. This paper’s analysis is based on the JASTA, for the evaluation of its position and application from a pre-litigation of Civil Procedure perspective. The two most significant parts of Civil Procedure in the segments of preliminary issues including Parties to the Suit and Cause of Action are examined to determine their susceptibility to being exploited in the process of executing the intention and purpose of the act concerning foreign entities, as highlighted in JASTA. Preliminary aspects must be considered before initiating a civil suit based on JASTA. This analysis is important in understanding the strength and weaknesses of JASTA in the civil suit and it involves a qualitative method of research. For the most part, the research methodology adopted will be pure legal research. Since the research will focus on JASTA, the regular method of analysis adopted is by referring to the sources and data discussing JASTA and procedural law. The findings of this work could be used to establish better laws from JASTA and provide the opportunity for the citizens who are victims to bring legal action against foreign states that are also responsible for their loss and suffering. Moreover, other countries faced with litigation initiated under JASTA could also benefit from the findings as they could be used in establishing better laws for countries that had also suffered greatly due to actions resulting from terrorism or the war against terrorism. Future research related to this topic is also recommended in this analysis.

Suggested Citation

  • Shahrul Mizan Ismail & Ali Ibrahim Alheji, 2023. "The Justice Against Sponsors of Terrorism Act (JASTA) from a Civil Procedure Perspective," Laws, MDPI, vol. 12(1), pages 1-19, January.
    • Handle: RePEc:gam:jlawss:v:12:y:2023:i:1:p:15-:d:1051780
    as

    Download full text from publisher

    File URL: https://www.mdpi.com/2075-471X/12/1/15/pdf
    Download Restriction: no
    File URL: https://www.mdpi.com/2075-471X/12/1/15/
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Pape, Robert A., 2003. "The Strategic Logic of Suicide Terrorism," American Political Science Review, Cambridge University Press, vol. 97(3), pages 343-361, August.
    2. O’Riordan Joanna, 2015. "Note from the editor," Administration, Sciendo, vol. 63(1), pages 1-2, May.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Jomon A. Paul & Aniruddha Bagchi, 2019. "Civil Liberties and Terrorism in Middle East, North Africa, Afghanistan, and Pakistan," Annals of Operations Research, Springer, vol. 275(2), pages 623-651, April.
    2. David A. Jaeger & M. Daniele Paserman, 2008. "The Cycle of Violence? An Empirical Analysis of Fatalities in the Palestinian-Israeli Conflict," American Economic Review, American Economic Association, vol. 98(4), pages 1591-1604, September.
    3. Joao Ricardo Faria & Daniel Arce, 2005. "Terror Support And Recruitment," Defence and Peace Economics, Taylor & Francis Journals, vol. 16(4), pages 263-273.
    4. Entorf, Horst, 2005. "Islamistischer Terrorismus : Analysen, Entwicklungen und Anti-Terrorpolitik aus der Sicht ökonomischer Forschung," Publications of Darmstadt Technical University, Institute for Business Studies (BWL) 24551, Darmstadt Technical University, Department of Business Administration, Economics and Law, Institute for Business Studies (BWL).
    5. Victor Asal & Nazli Avdan & Gary Ackerman, 2023. "Breaking taboos: Why insurgents pursue and use CBRN weapons," Journal of Peace Research, Peace Research Institute Oslo, vol. 60(2), pages 193-208, March.
    6. Gil Epstein & Ira Gang, 2007. "Who Is The Enemy?," Defence and Peace Economics, Taylor & Francis Journals, vol. 18(6), pages 469-484.
    7. Kimberly Turner, 2023. "A win or a flop? Measuring mass protest successfulness in authoritarian settings," Journal of Peace Research, Peace Research Institute Oslo, vol. 60(1), pages 107-123, January.
    8. Eckel, Catherine C. & Fatas, Enrique & Kass, Malcolm, 2022. "Sacrifice: An experiment on the political economy of extreme intergroup punishment," Journal of Economic Psychology, Elsevier, vol. 90(C).
    9. Robert A Pape & Alejandro Albanez Rivas & Alexandra C Chinchilla, 2021. "Introducing the new CPOST dataset on suicide attacks," Journal of Peace Research, Peace Research Institute Oslo, vol. 58(4), pages 826-838, July.
    10. M. Akif Yardimci, 2024. "Terrorism, counter‐terrorism, and voting: The case of Turkey," Economics and Politics, Wiley Blackwell, vol. 36(2), pages 901-927, July.
    11. Malečková, Jitka & Stanišić, Dragana, 2011. "Public opinion and terrorist acts," European Journal of Political Economy, Elsevier, vol. 27(S1), pages 107-121.
    12. Caroline Buts & Cind Du Bois, 2017. "Military deployment and international terrorism: do location and mission type matter?," Defence and Peace Economics, Taylor & Francis Journals, vol. 28(6), pages 621-633, November.
    13. Aaron Clauset & Maxwell Young & Kristian Skrede Gleditsch, 2007. "On the Frequency of Severe Terrorist Events," Journal of Conflict Resolution, Peace Science Society (International), vol. 51(1), pages 58-87, February.
    14. Christopher Gelpi & Nazli Avdan, 2018. "Democracies at risk? A forecasting analysis of regime type and the risk of terrorist attack," Conflict Management and Peace Science, Peace Science Society (International), vol. 35(1), pages 18-42, January.
    15. Eric D. Gould & Esteban F. Klor, 2010. "Does Terrorism Work?," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 125(4), pages 1459-1510.
    16. Krieger, Tim & Brockhoff, Sarah & Meierrieks, Daniel, 2012. "Great Expectations and Hard Times The (Nontrivial) Impact of Education on Domestic Terrorism," VfS Annual Conference 2012 (Goettingen): New Approaches and Challenges for the Labor Market of the 21st Century 62083, Verein für Socialpolitik / German Economic Association.
    17. Kimbrough, Erik O. & Laughren, Kevin & Sheremeta, Roman, 2020. "War and conflict in economics: Theories, applications, and recent trends," Journal of Economic Behavior & Organization, Elsevier, vol. 178(C), pages 998-1013.
    18. Atin Basuchoudhary & Laura Razzolini, 2006. "Hiding in plain sight – using signals to detect terrorists," Public Choice, Springer, vol. 128(1), pages 245-255, July.
    19. Ronald Wintrobe, 2006. "Extremism, suicide terror, and authoritarianism," Public Choice, Springer, vol. 128(1), pages 169-195, July.
    20. Claude Berrebi & Esteban Klor, 2004. "On Terrorism and Electoral Outcomes: Theory and Evidence from the Israeli-Palestinian Conflict," Working Papers 859, Princeton University, Department of Economics, Industrial Relations Section..

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:gam:jlawss:v:12:y:2023:i:1:p:15-:d:1051780. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: MDPI Indexing Manager (email available below). General contact details of provider: https://www.mdpi.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.