STATE SECRETS LAW AND NATIONAL SECURITY

2015 ◽  
Vol 64 (2) ◽  
pp. 365-404 ◽  
Author(s):  
Hitoshi Nasu

AbstractWith the increased awareness of national security concerns associated with unauthorized disclosure of State secrets, the legal protection of State secrets on national security grounds has assumed renewed significance, while raising ever growing concerns about its impact on freedom of information. Between these competing policy concerns lies a discrete area of law that defines and protects State secrets from unauthorized communication or disclosure. This article aims to ascertain the actual State practice concerning State secrets protection on national security grounds across different countries, and examines common challenges to the delimitation of national security grounds for State secrets protection in light of the changing national security environment.

2008 ◽  
Vol 39 (1) ◽  
pp. 37-64 ◽  
Author(s):  
Robbie Totten

An examination of U.S. immigration policy during the early Republic from a security perspective—a common analytical focus within the field of international relations—reveals the inadequacy of traditional economic and ideological interpretations. Security concerns, based on actual threats from Great Britain and Spain, permeated the arguments both for and against immigration. Those in favor of immigration hoped to strengthen the nation, primarily by providing soldiers and money for the military; those opposed to immigration feared that it would compromise national security by causing domestic unrest and exposing the new nation to espionage and terrorism. These issues are not unlike those that beset contemporary policymakers.


2020 ◽  
pp. 5-13
Author(s):  
Olga Reznikova

The article explores the development of methodological principles in the field of strategic planning and management and the development of planning documents in the field of national security, taking into account the peculiarities of the current stage of global development, the variability of the security environment. The purpose of this article is to identify problematic issues in the field of national security planning in Ukraine and ways to improve the process of development and implementation of the National Security Strategy, taking into account the best world practices. The research is based on the analysis of publications by domestic and foreign researchers in the field of strategic planning, appropriate legal acts of Ukraine, as well as the author's experience gained from her involving in development of draft strategic documents of the state. This article is focusing on solving the following scientific and practical problems: identification of the main trends in the development of methodological framework of strategic planning in the field of national security; identification of problems in the field of strategic planning in the field of national security of Ukraine; identification of scientifically substantiated ways to improve the process of strategic planning in the field of national security in Ukraine, taking into account the best international practices. The main research methods are empirical (in particular, observations, descriptions, comparisons) and general scientific (primarily, analysis, synthesis, generalization, explanation, historical and logical methods, etc.). The main results of the study are, in particular, the following: It is determined that in accordance to the best world practices the development of national security strategies take into account the principles of national resilience and the wide expert involvement in the process of preparation of such a document is recommended. The growing role of strategic management and the need to ensure national resilience characterize current trends in the development of methodological framework of strategic planning in the field of national security. It is emphasized that the very fact that the state has a national security strategy based on the scientific ground is not a guarantee of achieving certain goals and results in practice. Therefore, the process of implementation of such a document should be under constant control by the public authorities. The new cycle of planning has been starting after the adoption in 2020 of the new National Security Strategy of Ukraine. The analysis conducted by the author revealed a number of problematic issues, the solution of which requires, in particular, the amendment to the Law of Ukraine "On National Security of Ukraine" in terms of strategic planning. The fundamental differences and innovations of the current National Security Strategy of Ukraine in comparison with its previous editions are determined. It is emphasized that lessons from the experience of implementing strategic planning documents in the field of national security should be learned in Ukraine. It is determined that the low level of implementation of previous national security strategies of Ukraine was caused by the declarative nature of some of their norms, lack and formality of control over the implementation of such documents, lack of reporting procedures, indicators and criteria for evaluating the results, including for their compliance with certain objectives. The lack of attention to the analysis of the security situation in appropriate field, risk assessment, forecasting, threat identification and vulnerability detection are identified as some of the most significant problems during the preparation of strategic planning documents in the field of national security. Based on the results of the study, recommendations for the state authorities of Ukraine were prepared.


Author(s):  
Marc C. Vielledent

The United States has long enjoyed an essentially unopposed ability to project power and sustain its security forces dispersed throughout the world. However, the uncertainty facing the global security environment, including tenuous alliances, fiscal constraints, and a decline in overseas basing, has increased tensions in emerging areas of potential conflict. These factors are driving change regarding the United States’ defense posture and access agreements abroad. While the preponderance of overseas capability outweighs the preponderance of U.S. forces, deterrence continues to underpin the overarching national security strategy. However, deterrence options impacted by the lack of resilience and investment in distributed logistics and sustainment are generating an additional range of variables and conditions for operators on the ground to consider in shared and contested domains.


Refuge ◽  
2015 ◽  
Vol 31 (2) ◽  
pp. 3-13
Author(s):  
Emily C. Barry-Murphy ◽  
Max Stephenson Jr.

United States law charges America’s asylum officers with providing humanitarian protection for refugees while simultaneously securing the nation from external threats. This mandate requires that asylum officers balance potentially conflicting claims as they seek to ensure just treatment of claimants. This article explores how officers charged with that responsibility can develop a regime-centred subjectivity that often conditions them to view applicants with fraud and security concerns foremost in mind. This analysis also examines the potential efficacy of practical strategies linked to aesthetic, cognitive, affective, and moral imagination that may allow officials to become more aware of their statecentred subjectivity and how it influences their perceptions of threats to national security and to fraud. This analysis encourages adjudication officers to strive for a more nuanced understanding of what constitutes fraud and national security concerns and what are instead presuppositions created by the United States population-protection agenda.


2016 ◽  
Author(s):  
Annemarie Bridy

In Bring in the Nerds: Secrecy, National Security, and the Creation of Intellectual Property Law, David Levine juxtaposes two starkly different copyright policymaking processes: the closed international process that produced the Anti-Counterfeiting Trade Agreement (ACTA) and the relatively open domestic process that led quite dramatically to the scuttling of the Stop Online Piracy Act (SOPA) and the PROTECT IP Act (PIPA). He reads the two processes against each other as a prelude to recommending Freedom of Information Act (FOIA) reform. The amendment to FOIA that Professor Levine proposes would open the international IP policymaking process to greater public scrutiny by creating a qualified public right to "foreign relations" national security information, which was systematically withheld from the public during the ACTA negotiations. This article, prepared for the Cardozo Arts and Entertainment Law Journal's 2012 Symposium, "Piracy and the Politics of Policing: Legislating and Enforcing Copyright Law," is a response to Professor Levine that draws on Jürgen Habermas' discourse theory of procedural democracy to examine the policymaking dynamics of ACTA and SOPA/PIPA and to assess the democracy-enhancing potential of the FOIA reform Professor Levine proposes.Annemarie BridyProfessor<http://www.uidaho.edu/law/faculty/annemariebridy>|University of Idaho College of Law|PO Box 83720-0051|Boise, ID 83720|Ph. 208.364.4583Affiliate Scholar<https://cyberlaw.stanford.edu/about/people/annemarie-bridy>|Stanford Center for Internet and SocietyAffiliate Fellow<http://isp.yale.edu/people-directory?type=19>|Yale Information Society ProjectSSRN<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=630766>|HeinOnline<http://heinonline.org/HOL/AuthorProfile?collection=journals&search_name=Bridy,%20Annemarie&base=js>|LinkedIn<https://www.linkedin.com/in/annemariebridy>|Twitter<https://twitter.com/AnnemarieBridy>


1990 ◽  
Author(s):  
Ronald A. Finkler ◽  
Gordon L. Boezer ◽  
Erling J. Foss ◽  
Norman D. Jorstad ◽  
A. J. Ramsbotham

2015 ◽  
Vol 5 (2) ◽  
pp. 279
Author(s):  
MA. Fisnik Sadiku ◽  
MA. Besnik Lokaj

Intelligence services are an important factor of national security. Their main role is to collect, process, analyze, and disseminate information on threats to the state and its population.Because of their “dark” activity, intelligence services for many ordinary citizens are synonymous of violence, fear and intimidation. This mostly comes out in theRepublicofKosovo, due to the murderous activities of the Serbian secret service in the past. Therefore, we will treat the work of intelligence services in democratic conditions, so that the reader can understand what is legitimate and legal of these services.In different countries of the world, security challenges continue to evolve and progress every day, and to fulfil these challenges, the state needs new ways of coordinating and developing the capability to shape the national security environment. However, the increase of intelligence in many countries has raised debates about legal and ethical issues regarding intelligence activities.Therefore, this paper will include a clear explanation of the term, meaning, process, transparency and secrecy, and the role that intelligence services have in analyzing potential threats to national security.The study is based on a wide range of print and electronic literature, including academic and scientific literature, and other documents of various intelligence agencies of developed countries.


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