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This chapter addresses the expanding legislative role of the Security Council and expresses significant concerns arising from that trend. The author argues that the Security Council’s ambition to “legislate for the world” – which is manifestly evident in resolutions aimed at tackling the phenomenon of foreign fighters – may pave the way for abusive practices and human rights violations. The author’s apprehension originates from the fact that countries where democratic institutions are weak or even totally lacking often exploit the need to tackle international terrorism as a legitimate excuse to curb political opposition or any kind of view that differs from that of the regime in power. To support this claim, the cases of Belarus and of Ukraine, as far as the implementation of Security Council Resolution 2178/2014 is concerned, are taken into considerations. In these two countries, directions coming from the international level to criminalize foreign terrorist fighters and all the activities aimed at supporting them coincided in time with the most intensive phase of Crimean crisis. As a consequence, Resolution 2178/2014 was interpreted as an easy-to-take shortcut to prosecute pro-Russian forces in Crimea by labelling them as “terrorists”. Hence, universalizing counter-terrorism measures, as the Security Council has been trying to do since at least the 9/11 events, is potentially dangerous since the same provisions are directed to countries with patently different political, social and historical backgrounds, and the Security Council is not totally able to manage states’ choices once the resolution reaches the implementation stage.
In the 'Analytic of Pure Practical Reason', Book I of the second The Critique of Practical Reason, Immanuel Kant undertakes to show that pure reason can be practical. Sections 4-6 are primarily concerned with the second, third, and fourth steps in an ultimately seven-part argument (with the concepts of pure form, universal legislation, and transcendental freedom, respectively). The fifth, sixth, and seventh steps of the overall argument (the 'fundamental law', the 'fact of reason', and the concept of 'autonomy', respectively), constitute the essential core of the 'Analytic'. In the first step of the ensuing argument Kant comes to negative conclusion that no maxims originate from an empirical will and the governing principle of an empirical will. The second step in Kant's demonstration consists in an argument e contrario. The determining ground of the free will lies in the legislating form contained in the maxim, in accordance with the third step.
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