National Security Lawyering in the Post-War Era: Can Law Constrain Power?

2020 ◽  
Author(s):  
Oona A. Hathaway
Keyword(s):  
National Security ◽  
Post War

The Right to Know, The Right to be Counted, The Right to Resist: Cancer, AIDS, and the Politics of Privacy and Surveillance in Post-War America

2015 ◽  
Vol 3 (1) ◽  
pp. 45-64
Author(s):  
Amy L. Fairchild
Keyword(s):  
Public Health ◽  
United States ◽  
National Security ◽  
The United States ◽  
Right To Know ◽  
Aids Epidemic ◽  
The Right To Know ◽  
The Face ◽  
Post War ◽  
The Right

The practice of public health begins with surveillance, the identification of individuals with disease. But while not all efforts to monitor morbidity and mortality entail formal notification of individual cases, the name-based reporting of individuals always involves a breach of privacy. The pitched battles over surveillance that marked the first two decades of the AIDS epidemic and, indeed, more recent global debates over the reach of the surveillance state in the name of national security might suggest a kind of timeless, furious battle on the part of those who would be subject to surveillance to defend a 'right to be left alone.' But just as often, indeed, perhaps more often, citizens have claimed a right to be counted, demanding surveillance in the face of unknown health threats. In either case, however, in the United States, regardless of whether communities pushed for or against disease reporting, marked citizen engagement has shaped the politics of surveillance since the 1970s. To be sure, privacy was always at stake. But so, too, were what activists conceived of as the right to be counted and the right to know.

scholarly journals Trade Multilateralism and U.S. National Security: The Making of the GATT Security Exceptions

2020 ◽  
pp. 109
Author(s):  
Mona Pinchis-Paulsen
Keyword(s):  
National Security ◽  
Historical Context ◽  
Economic Policies ◽  
Trade Disputes ◽  
Binding Effect ◽  
Multilateral Trade ◽  
Dramatic Rise ◽  
Post War ◽  
Economic Considerations ◽  
Shed Light

Today, there are an unprecedented number of disputes at the World Trade Organization (“WTO”) involving national security. The dramatic rise in trade disputes involving national security has resuscitated debate over the degree of discretion afforded to WTO Members as to when and how to invoke Article XXI, the Security Exception, of the General Agreement on Tariffs and Trade (“GATT”), with binding effect. The goal of this article is to shed light on contemporary questions and concerns involving national security and international trade, particularly questions involving the appropriate invocation of Article XXI GATT, through careful attention to the article’s historical context. The article elucidates the diverse strategic and economic considerations that shaped the meaning of U.S. national security interests at the time when national delegations were drafting the post-war multilateral trade system, the ITO. It demonstrates how these interests, in turn, created the language, phrasing, and placement of the security exception within the ITO Charter, and details when and how this was adopted in the GATT. This article argues that analyzing internal U.S. practice into the making of Article XXI is relevant for current and future efforts to interpret the exception, thereby contributing to existing literature on Article XXI GATT. It provides the internal deliberations of U.S. officials who served as key architects of the multilateral trade system and of the ITO Charter’s security exception. Additionally, the article captures a fascinating story as to how different U.S. agencies competed to define U.S. foreign and economic policies at the time and shows how the compromises struck help to explain the making of article XXI GATT.

POLISH SECURITY STRATEGIES IN THE LATTER HALF OF THE TWENTIETH CENTURY

2011 ◽  
Vol 161 (3) ◽  
pp. 238-248
Author(s):  
Jerzy KAJETANOWICZ
Keyword(s):  
Twentieth Century ◽  
National Security ◽  
20Th Century ◽  
Security Strategy ◽  
The Third ◽  
Domestic Security ◽  
Self Reliance ◽  
Military Security ◽  
Post War ◽  
Second Period

The article presents the main concepts of the Polish military security strategy after WW2. Three main periods have been identified: the first one in the years of 1945-1955, the second one in the years of 1955-1991 and the third one in the years of 1991-1999. The first period includes the development of domestic security concepts during the post-war period. In the second period the participation of Poland in the Warsaw Pact as a collective security system has been elaborated. The last one, the end of the 20th century, describes the concepts of the Polish national security under the conditions of forced military self-reliance.

scholarly journals THE RUSSIAN NATIONAL SECURITY THROUGH THE PRISM OF “WEST EAST” DICHOTOMY

2019 ◽  
Vol 11 (2) ◽  
pp. 15-22
Author(s):  
Oleg V. GRIGORIEV
Keyword(s):  
National Security ◽  
International Terrorism ◽  
Military Force ◽  
World War ◽  
Political Conflicts ◽  
The World ◽  
Post War ◽  
The Individual ◽  
The Third World ◽  
Third World War

Introduction. The article is devoted to the study of problematic issues of ensuring the Russian national security. The view is expressed that historically emerging challenges and threats came to a different, qualitatively new level, which became a serious factor threatening the national security of the Russian Federation.Methods. The individual issues of national security, which for Russia were actualized at the turn of the XX-XXI centuries, were largely due to the change in the geopolitical picture of the world, and in particular the transition from bipolar to a multipolar world system.Results. The causes of military-political conflicts of the post-war period, which were reduced to the political-ideological and geopolitical rivalry of superpowers and their allies in separate regions of the world, as well as the desire to extend their influence to individual countries or their groups, were determined. At the same time, military force became a special tool of politics. The brief description of the threat of international terrorism, which is united under the flags of various religious-political formations, is in fact represented by the Third World War, acquiring the form of a structurally organized phenomenon aimed at escalating the confrontation between the West and the East. The norms and principles of international law, as well as the responsibility of the world community, the United Nations for the prevention, localization and cessation of conflicts through peacemaking, are considered.Conclusions. It is concluded that it is necessary to stop the division of countries into blocs and to join efforts to make adequate political and legal decisions that ensure a “balance of interests”.

scholarly journals National Security and Human Rights in International Law

2020 ◽  
Vol 8 (1) ◽  
pp. 123-149
Author(s):  
P. Sean Morris
Keyword(s):  
Human Rights ◽  
National Security ◽  
International Law ◽  
War On Terror ◽  
Theory And Practice ◽  
International Legal System ◽  
Post War ◽  
Domestic Affairs ◽  
And Function ◽  
Practical Implications

The post war-on-terror era has witnessed several developments in international law, including the nature and function of national security. This article establishes a link between national security and human rights by looking at some practical implications from a State policy perspective and theoretical views. Any discussion on the two distinct areas of ‘national security’ and ‘human rights’ are, of course, not equal. However, the discussions in this article relate to how international law interacts with national security over human rights given that national security relates to a State’s domestic affairs but with implications for the international legal system. Thus, through theory and practice, this article demonstrates that national security and human rights are unstable. This article addresses the question of whether national security and human rights obligations are in conflict or whether international law has been over-responsive or under-responsive to either human rights or national security concerns.

MODERN METHODS FOR REDUCING AND OVERCOMING MIN DANGER FOR SHIPS (VESSELS) AND BOATS UKRAINIAN NAVY IN THE BLACK AND AZOV SEAS

2019 ◽  
Vol 2 (12) ◽  
pp. 137-146
Author(s):  
A. Kobzar ◽  
V. Shcherbakan
Keyword(s):  
World War Ii ◽  
National Security ◽  
World War ◽  
The Past ◽  
Mine Support ◽  
Modern Methods ◽  
The Russian Federation ◽  
Post War ◽  
Near Future ◽  
Working Out

This paper considers the problem that exists in the marine space of the Black and Azov Seas and related to the mine danger for warships of Ukraine in certain naval zones of responsibility of the Ukrainian Navy. The authors focused on the fact that the mine danger, which constitutes a real threat to the national security of Ukraine from the sea, not only does not decrease, but also increasesand becomes extremely dangerous.Particular attention was focused on circumstanceswhich might not be known, and were not taken into account when working out decisions on mine defense and mine protectionof the Ukrainian Navy.First of all, this is the existing mine danger in the Black and Azov Seas off the coast of Ukraine, which remained of past wars and post-war active naval activities,as well as from a sea mine threat, which was formed as a result of aggressive actions by the Russian Federation, which threatens Ukraine from the sea. That is, the authors paid special attention to circumstances that might be unknown and were not taken into account earlier when working out decisions on anti-mine defense and anti-mine support for the Ukrainian Navy. This is, first of all, the existing mine danger of the Black and Azov Seas off the coast of Ukraine, which has remained from the past World War II, as well as post-war active naval activities. And secondly, it is preparation and counteraction to possible aggressive manifestations and a mine threat from the side of the country, which constantly threatens Ukraine from the sea. To this end, іn the paper gave specific recommendations on ways to reduce the mine risk for warships of Ukraine and indicated, that in the near future, in Ukrainian Navy it is necessary to activate all existing and well-known components of the mine support system. Ukraine must guaranteedly solve any problems or possible resistance of interested parties in creating the necessary number of mine and mine ships (boats) as part of the Ukrainian Navy.

Security Paradigms and Social Movements

2018 ◽  
Vol 46 (6) ◽  
pp. 725-747
Author(s):  
Akihiro Ogawa
Keyword(s):  
Social Movements ◽  
National Security ◽  
Security Policy ◽  
Japanese Society ◽  
Military Force ◽  
Security Discourse ◽  
Collective Self ◽  
Peace Activism ◽  
Post War ◽  
Self Defence

Abstract In 2014, Japan’s cabinet approved a significant change to national security policy. Previously barred from using military force, except in cases of self-defence, a constitutional reinterpretation by the cabinet allowed “collective self-defence”—using force to defend itself and its allies. The decision was controversial, considering post-war pacifism is firmly entrenched in Japanese national identity. I analyse how national security has been portrayed in the policymaking process for reinterpreting the Constitution. Meanwhile, since the early 2010s, Japanese society has been rocked by demonstrations opposing this. I explore the rise of a new youth activist movement in response to the proposed legislation. In particular, I argue that new ideologies and strategies appealed to young people in the organising of various protests, focusing on how they interpret the national security discourse and locating these social movements in Japanese post-war peace activism.

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