ABSTRACT
Chapter 6 argues that contemporary proactive regulatory forms of counter-terrorism at global level reveal a pattern of ‘dynamic governance’, which constitutes two key trends that depart from traditional understanding in international law-making: openness in governance frameworks; and flexibility of substantive norms. It shows that dynamic governance is anchored to constant technical innovation and adaptiveness to criticism. What appears is a picture of an increasingly aggressive regulatory machine that has substituted the formal requirements of consent-based doctrine in international law with: (1) an appearance of amorphous inclusiveness; and (2) functional success and the occasional self-correction. However, material factors hinder meaningful participation, and the occasional self-correction is only a safety valve to siphon off calls for more institutional accountability.
