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La lutte contre le financement du terrorisme et les dynamiques nouvelles du droit international

Abstract : Media coverage of terrorism through its police and judicial components outshines an essential component to its structure: the funding.Money is naturally the crux of this modern-day war. Moreover, terrorist financing is a relevant indicator of the mutations of the terrorist phenomenon. Originally state sponsored, we have been witnessing, since 1989 and the emergence of the nebula "Al Qaida", the privatization of terrorism and its financing. Transnational in nature, contemporary terrorism, and its contingency of financial flows, are beyond any kind of state control.Therefore, fighting terrorist financing requires to overthrow the supremacy of stato-centrism theories, which ultimately opposes the positivist voluntarists (Hegel, Jellinek, Triepel, Anzilotti, Comte) for the benefit of the objectivist positivists (Durkheim, Duguit, Scelle, Politis).Consequently, how to fight terrorist financing nowadays?Since September 11, 2001, it has been clear that the United Nations Security Council has been trying to behave like a "world legislator". If the state level cannot stem terrorist financing, the Security Council, supranational authority, has the necessary omniscience to guide the states in this fight.In addition, for several years, because of a complex financing and of the States inanity, a myriad of infra-state actors (FATF, Wolfsberg Group, Basel Committee ...) intervenes in the financial regulation. Although these actors do not have any power of coercion, their "recommendations", "guides of good practices", "standards" and other texts, a priori devoid of normative force, paradoxically find a striking echo in national legislation.The new normative power of the Security Council in the fight against terrorist financing and the intervention of infra-state actors in the international financial regulation are symptomatic of the new relations between international law (or transnational law) and internal law, the first being able today to influence the second, or even to replace it.However, the sudden emergence of "ISIS" on the international scene in 2014 gave rise to Act Three in the history of terrorist financing: after the state tutelage of terrorist financing and the privatization of the latter, the territorialization of the terrorist economy marks a new chapter in contemporary terrorism. These new methods of financing weaken the regulatory edifice constructed in reaction to the preceding methods and incite to a modernization of the international law, as a new categorical imperative.
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Nicolas Eskenazi. La lutte contre le financement du terrorisme et les dynamiques nouvelles du droit international. Droit. Université Paris-Est, 2019. Français. ⟨NNT : 2019PESC0104⟩. ⟨tel-02479961⟩

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