ABSTRACT
The resurgence of hegemonic international law in the form of Coalitions of the Willing Lawmaking has reaffirmed some of the problematic features of traditional international law and, in the process, suppressed/marginalized its counter-hegemonic/constraining features. Traditionally, the ability to shape rules by a hegemonic power through the collective processes of international law has taken one of two forms: through a sheer command or through a process which entails a degree of social/communal acceptance of the hegemonic power's “leadership” role. There are several important features of UNSCR 1373 that render it an exemplary manifestation of CoTW lawmaking and set the stage for several of the key attributes of hegemonic conduct exhibited during the ongoing “global war on terror.” The human rights deficit exhibited by the UNSC's early approach to counterterrorism met with considerable resistance by several actors and entities both within the United Nations and outside.
