scholarly journals RELEVANT PRINCIPLES IN THE ECHR AND CJEU JURISPRUDENCE REGARDING NATIONAL SECURITY

2021 ◽  
Vol 10 (2) ◽  
pp. 89-95
Author(s):  
Sorina Ana Manea
Keyword(s):  
National Security ◽  
Rule Of Law ◽  
Personal Data ◽  
Executive Branch ◽  
The Rule Of Law ◽  
Intelligence Services ◽  
European System ◽  
Protection Of Human Rights ◽  
And Storage ◽  
Mass Surveillance

The European system ensuring the protection of human rights is nowadays one of the most advanced in the world. However, there are also areas of activity where clarification and improvement are constant demands. Counter-terrorism measures considered or adopted in Europe, in particular those that increase mass surveillance, the collection and storage of electronic information or the protection of personal data are such areas. Some of these measures give more intrusive powers to the intelligence services to channel decisions in the direction of the executive branch, without the necessary judicial guarantees being established in a state governed by the rule of law.   Keywords: community law; ECHR; CJUE; national security.

scholarly journals Extraordinary Renditions and State Secrets: A Human Rights Approach

2019 ◽  
Vol 7 (1) ◽  
pp. 1-20
Author(s):  
Juliana Gil Borenstein
Keyword(s):  
Human Rights ◽  
National Security ◽  
Rule Of Law ◽  
Human Rights Violations ◽  
The Rule Of Law ◽  
The Past ◽  
Protection Of Human Rights ◽  
Security Affairs ◽  
State Secrets ◽  
Fair Balance

One of the world’s main concerns over the past decades has been the phenomenon of terrorism. It is evident that terrorism must be eradicated, especially considering the huge threat it poses to the basic values of democratic societies. However, it must be kept in mind that arbitrary governments also represent a huge threat to these same values and, therefore, safeguards must exist to guarantee that state authorities act within the framework of law. Unfortunately, some governments misuse the ‘state secrets privilege’ argument, created to protect their right to confidentiality in national security affairs, to prevent their gross violations of human rights from being assessed by the judiciary, violating victims’ rights and promoting impunity. This is particularly true in cases involving so-called ‘extraordinary renditions’ used to fight terrorism. This article defends the premise that as much as the existence of secrecy is essential for the protection of every nation, no secrecy can serve as an excuse for governments to violate human rights and disregard the rule of law. In order to ensure that state secrets privilege is not used as a way to promote impunity for serious human rights violations, it is very important that mechanisms are implemented in order to have the claim of secrecy in national security related issues closely scrutinised by an impartial judicial organ. It is in the interest of democracy and justice that a fair balance is struck between the interests of national security and the protection of human rights.

Prosecutors and National Security

2021 ◽  
pp. 538-558
Author(s):  
Kent Roach
Keyword(s):  
Human Rights ◽  
National Security ◽  
Rule Of Law ◽  
Ethical Challenges ◽  
Criminal Cases ◽  
The Rule Of Law ◽  
The Third ◽  
Relative Rarity ◽  
The Many ◽  
Operational Aspects

This chapter examines the distinct operational and ethical challenges that prosecutors face in national security and especially terrorism cases. The second part of this chapter focuses on the operational challenges that prosecutors face. These include demands for specialization that may be difficult to fulfill given the relative rarity of national security prosecutions; the availability of special investigative powers not normally available in other criminal cases; exceptionally broad and complex offenses; and the demands of federalism and international cooperation. The third part examines ethical and normative challenges that run throughout the many operational aspects of the prosecutorial role in national security cases. These include the challenges of ensuring that often exceptional national security laws are enforced in a manner consistent with the rule of law and human rights. There are also challenges of maintaining an appropriate balance between legitimate claims of secrecy and legitimate demands for disclosure and between maintaining prosecutorial independence and discretion while recognizing the whole of government and whole of society effects of the many difficult decisions that prosecutors must make in national security cases.

scholarly journals Obama's National Security Exceptionalism

2017 ◽  
Author(s):  
Sudha N. Setty
Keyword(s):  
United States ◽  
National Security ◽  
Rule Of Law ◽  
The United States ◽  
International Norms ◽  
Global Community ◽  
The Rule Of Law ◽  
War Criminals ◽  
The World ◽  
International Obligations

Published: Sudha Setty, Obama's National Security Exceptionalism, 91 CHI.-KENT L. REV. 91 (2016).This Article discusses how continued national security exceptionalism engenders a view of the United States as considering itself to be above international obligations to investigate and prosecute torturers and war criminals, and the view by the global community that the United States is willing to apply one standard for itself, and another for the rest of the world. Exceptionalism not only poses real challenges in terms of law, morality, and building useful relationships with allied nations, but acts as a step backward for the creation of enforceable international norms and standards, and in efforts to restore a balance in the rule of law when it comes to national security matters.

scholarly journals Legal doctrine, legal science and protection of human rights (efficiency ratio)

2020 ◽  
Vol 11 (11) ◽  
pp. 11-15
Author(s):  
Onischenko N.
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Current State ◽  
Legal Science ◽  
Democratic State ◽  
Protection Of Human Rights ◽  
Spatio Temporal

The current state of Ukrainian society requires the scientific community to find answers to the general social impulses needed for reform strategies: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the rule of law and civil society should be the basis for correcting and correcting the unstable economic situation, overcoming acute social conflicts, establishing the rule of law, building a democratic state. It should be noted that it is quite clear that sometimes the implementation of a right requires at least not one, but clearly several opportunities, such as: economic, educational, social, gender, etc., existing in the relevant spatio-temporal continuum. Moreover, there is an indisputable thesis that there are no secondary or non-first-class or type of human rights, so every unrealized, not realized in time or not fully realized right, without a doubt, is based on the lack of, first of all, the corresponding real opportunities. It is also clear that the implementation of a certain right depends, for example, on the relevant regulations. we note that state-building processes, their dynamics, progressive trends depend on many factors. In this context, the interconnectedness of the development of a democratic, legal, social, European state and the formation of a mature, active, civil society was considered. Keywords: legal science, legal doctrine, human rights, rights and opportunities, legal development.

scholarly journals Perlindungan Hukum atas Desain Industri Berdasarkan Undang-Undang No 31 T Ahun 2000

2021 ◽  
Vol 2 (2) ◽  
pp. 297-301
Author(s):  
Ida Ayu Mas lndriani ◽  
Ni Made Jaya Senastri ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Rule Of Law ◽  
Industrial Design ◽  
Legal Protection ◽  
Secondary Data ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Legal Implications ◽  
Design Law ◽  
Protection Of Human Rights ◽  
Definition Of

Intellectual property rights including industrial designs. The idea of ​​industrial design safety is based on the belief that human imagination, taste and initiative are closely linked to industrial design. The state grants protection against new industrial designs. The definition of the rule of law used in the legal protection of industrial designs is based on Law No. 31 of 2000. One of the components in this case is the protection of human rights which is the guideline for the legal protection of industrial designs. There are two forms of industrial design legal protection, which include preventive legal protection and repressive legal protection. This study aims to examine the form of legal protection for industrial designs based on Law No. 31 of 2000 and analyze the legal implications if the design rights holder does not register their industrial designs. This research was designed using normative research with a conceptual approach. The data used are primary and secondary data obtained through documentation and recording. The results of the study indicate that preventive legal protection is contained in the Act which is used to prevent violations and a description of the implementation of obligations while repressive legal protection is security in the form of sanctions for violations that have been committed. In view of this and considering the existence of protection in the form of the industrial design law, the designer can prevent the occurrence of plagiarism of his industrial design by registering his industrial design.

scholarly journals The Rule of Law and National Security in Nigerian Democracy: A Contemporary Issue under the Aegis of International Law

2021 ◽  
Vol 7 (2) ◽  
pp. 148-168
Author(s):  
Isaac O. C. Igwe
Keyword(s):  
National Security ◽  
International Law ◽  
Rule Of Law ◽  
Freedom Of Speech ◽  
Limiting Factor ◽  
The Rule Of Law ◽  
It Impacts ◽  
Contemporary Issue ◽  
The People ◽  
The Government

Although brutality can repress a society, it never assures the sustainability of that conquest. Tyranny steers the hopeless to despair, edges to rebellion, and could open the door for a new tyrant to rise. Law becomes a limiting factor that must act as a stopgap to the avaricious intentions of a dictator. A democratic leader must incorporate the supremacy of the law and honest officials into his government. He shall also create courts of law, treat the poorest citizens with fairness and build a hall of justice to bring the society to modernity with the operation of the rule of law enshrined in the constitution. Legislation is nothing without enforcement and Law is no law if not accepted and respected by the people. The rule of law cannot be said to be working in a country where the government continues to violate the orders of the court, unlawfully detain its citizens, abuse human rights including arbitrary and extra-judicial executions, unlawful arrests and detentions, embargo on freedom of speech and press, impunity and inhumane torture, degradation of people or exterminations. This treatise will argue on the supremacy of the “Rule of Law” as it impacts Nigerian democracy. Keywords: Rule of Law; Democracy; Judiciary; Supremacy; Government; Tyranny; Nigerian Constitution

Should the Law Condone Unauthorized Disclosures?

2016 ◽  
Author(s):  
Rahul Sagar
Keyword(s):  
National Security ◽  
Rule Of Law ◽  
Regulatory Mechanism ◽  
The Rule Of Law ◽  
The Law ◽  
Unauthorized Disclosure

This chapter examines whether the law ought to condone unauthorized disclosures of classified information. The features that make the unauthorized disclosure of classified information an effective and credible regulatory mechanism are the very same ones that raise concerns about its lawfulness and legitimacy. Because such disclosures override the classification decisions made by officials responsible for national security, our reliance on them seems to conflict with our commitment to the rule of law and the norms of democracy. The chapter explains what the law has to say about unauthorized disclosures of classified information and shows that the law is not favorably disposed toward the official responsible for making the unauthorized disclosure. It also argues against revising the law to take account of the fact that unauthorized disclosures can allow lawmakers and citizens to become aware of misconduct that would otherwise be shielded by state secrecy.

ESCB/Eurosystem/National Central Banks

2020 ◽  
Author(s):  
Julian Langner
Keyword(s):  
European Union ◽  
European Community ◽  
Rule Of Law ◽  
Central Banks ◽  
The European Union ◽  
The Rule Of Law ◽  
Legal Structure ◽  
European System

The European System of Central Banks (ESCB) and the Eurosystem respectively is quite a unique legal structure which is historically unprecedented. As part of the European Union (EU), it is necessarily based on the rule of law and needs to be clearly defined in the primary law as such. Thus, the ESCB was included in the European Union’s constituting Treaties by the Treaty of Maastricht in Articles 8 and 106 of the Treaty establishing the European Community (TEC). However, it reflects a typical European Union compromise.

Part III Structural Principles, Ch.20 Democracy and the Rule of Law

2013 ◽  
Author(s):  
Tomuschat Christian
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
The Rule Of Law ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
Structural Principles ◽  
International Instruments

This article examines the role of the rule of law and democracy in international human rights law. It discusses the legal nature and the formal recognition of the rule of law and democracy. It explains that that rule of law and democracy are elements that constitute essential pillars promoting real enjoyment of human rights but they are dependent on the general conditions prevailing within society. This article highlights the importance of the supervisory roles of international bodies in ensuring the effectiveness of the guarantees set forth in international instruments for the protection of human rights.

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