For the last several decades, ensuring human rights and national security have remained an important goal and a condition for existence of every state. The interests of national security often presuppose the need to narrow some natural rights, such as, for example, the right to privacy, the right to secrecy of communication, etc. Traditional concept of security is related to ensuring national security. According to the traditional concept of security, the (...) state is considered the main object of security; therefore, the states mainly focus on external threats. It is stated that the most important thing is to protect the state from external aggression, ensure protection of state borders and institutions. Protection of human rights is ensured simultaneously. It is, however, observed that a secure state does not necessarily mean that the citizens of the state are secure. Security of a person is under threat due to limitations imposed on human rights while seeking to ensure national security. (shrink)

This paper theorizes that the effect of human rights violations on US economic aid is conditioned by the salience of US national security concerns. National security concerns will be more salient in situations where recipients contribute to maintaining US security and in temporal eras when the USA is perceived as being under increased external threat. As the relational and temporal salience of national security increases, any negative effect of human rights violations (...) on US economic aid should decrease. I test this hypothesis by examining US economic aid allocations to states from 1977 to 2005. The results show that the salience of national security concerns present in the US-recipient relationship does condition the relationship between human rights violations and US economic aid. There are also significant differences between different temporal eras of US foreign aid allocation. Future work should address how conflicts between interests and values in US foreign policy are negotiated. (shrink)

PurposeThe purpose of this paper is to explicate the influence of US national security approach on the Thai Government's national security, the criticisms on the US and Thai intelligence communities and ethical debates on national databases, including the introduction of the concepts of “spiritual computing” and Buddhism to the ethical aspect of intelligence databases.Design/methodology/approachThe methodology of this paper is based on the interpretative approach which includes literature survey and interviews of the intelligence community in Thailand. (...) The relevant literature survey consists of the literature on US intelligence databases for Homeland Security, criticisms of the IC, the ethical debate on national databases in the USA, the Thai National Security Council, ethical debates on the Internal Security Act and Computer Crime Act, Buddhism and “spiritual computing.”FindingsThe findings reflect that the US model of national security has significant influence on the Thai intelligence approach and application of IT for national security while both intelligence communities have similar intelligence problems and have raised ethical debates on violations of human rights.Research limitations/implicationsThe research limitations include the nature of the topic which is a closed subject under legal restrictions in Thailand so that the sources of official information could not be disclosed nor elaborated in details; and literature on this topic has not been widely available except unclassified information which limits a more in‐depth investigation and analysis.Originality/valueThe value of this paper lies in being the first attempt to throw light on a “forbidden” subject in Thailand by discussing the US experiences against the Thai case study. The application of “spiritual computing” and Buddhist precepts to the context of national security and intelligence databases could be a starting point for developing a “happier” and “successful” IC and possibly open a new approach to national security. (shrink)

Political realists claim that international relations are in a state of anarchy, and therefore every state is allowed to disregard its moral duties towards other states and their inhabitants. Realists argue that complying with moral duties is simply too risky for a state’s national security. Political moralists convincingly show that realists exaggerate both the extent of international anarchy and the risks it poses to states who act morally. Yet moralists do not go far enough, since they do not (...) question realism’s normative core: the claim that when national security is really at risk, states are allowed to disregard their moral duties. I contend that there is at least one moral duty that states should not disregard even if their inhabitants are at risk of death by military aggression: the duty to reduce extreme global poverty. The reason is that even granting that national security is about securing individuals’ right to life, global poverty relief is about that as well. (shrink)

Political realists claim that international relations are in a state of anarchy, and therefore every state is allowed to disregard its moral duties towards other states and their inhabitants. Realists argue that complying with moral duties is simply too risky for a state’s national security. Political moralists convincingly show that realists exaggerate both the extent of international anarchy and the risks it poses to states who act morally. Yet moralists do not go far enough, since they do not (...) question realism’s normative core: the claim that when national security is really at risk, states are allowed to disregard their moral duties. I contend that there is at least one moral duty that states should not disregard even if their inhabitants are at risk of death by military aggression: the duty to reduce extreme global poverty. The reason is that even granting that national security is about securing individuals’ right to life, global poverty relief is about that as well. (shrink)

The book offers insights on whether international law can shape the politics of the Security Council and, conversely, the extent to which the latter contribute to the development of international law. By providing a systematic analysis of the quantity and quality of international legal instruments referred to in the text of resolutions, the book reconstructs patterns of the Security Council's behavioural regularities and assesses them against the provisions of the United Nations Charter, which establishes its mandate. The analysis (...) is divided into three periods - the origins and Cold War period, post-Cold War period and the twenty-first century - and assesses the resolutions passed in each period by thematic category. The book argues that while international law plays an important role in shaping the politics of the Security Council, the Council's resolutions do not contribute significantly to the development of international law. (shrink)

Gender differences have been observed regarding many political and social issues, yet we lack comprehensive evidence on differences in perceptions on a wide range of security issues increasingly important to voters: military threats, criminality, and terrorism. Previous research suggests that when women are highly politically mobilized, as they are in Sweden, gender differences in political opinion are large. On the other hand, Swedish politicians have worked hard to reduce gender stereotypical thinking. This prompts the question: Are there gender differences (...) in attitudes on security issues in Sweden, and if so, in what ways do the attitudes differ? This study is based on comprehensive data from focus groups and a large-scale survey. The results show that women were more prone to respond with an “ethic of care,” across security issues. Women were more inclined to understand security problems as structural, explained by macho culture, segregation, and injustice. Women tend to support preventive measures that provide individuals with opportunities to choose “the right path,” such as education and economic investment in deprived areas. When asked about national security, women believe more in diplomacy and dialogue. In general, women are less inclined to support various repressive solutions. (shrink)

This paper critically engages Philip Mirowki's essay, "The scientific dimensions of social knowledge and their distant echoes in 20th-century American philosophy of science." It argues that although the cold war context of anti-democratic elitism best suited for making decisions about engaging in nuclear war may seem to be politically and ideologically motivated, in fact we need to carefully consider the arguments underlying the new rational choice based political philosophies of the post-WWII era typified by Arrow's impossibility theorem. A distrust of (...) democratic decision-making principles may be developed by social scientists whose leanings may be toward the left or right side of the spectrum of political practices. (shrink)

The gendered implications of COVID-19, in particular in terms of gender-based violence and the gendered division of care work, have secured some prominence, and ignited discussion about prospects for a ‘feminist recovery’. In international law terms, feminist calls for a response to the pandemic have privileged the United Nations Security Council (UNSC), conditioned—I argue—by two decades of the pursuit of the Women, Peace and Security (WPS) agenda through the UNSC. The deficiencies of the UNSC response, as characterised by (...) the Resolution 2532 adopted to address the pandemic, manifest yet again the identified deficiencies of the WPS agenda at the UNSC, namely fragmentation, securitisation, efficacy and legitimacy. What Resolution 2532 does bring, however, is new clarity about the underlying reasons for the repeated and enduring nature of these deficiencies at the UNSC. Specifically, the COVID-19 ‘crisis’ is powerful in exposing the deficiencies of the crisis framework in which the UNSC operates. My reflections draw on insights from Hilary Charlesworth’s seminal contribution ‘International Law: A Discipline of Crisis’ to argue that, instead of conceding the ‘crisis’ framework to the pandemic by prioritising the UNSC, a ‘feminist recovery’ must instead follow Charlesworth’s exhortation to refocus on an international law of the everyday. (shrink)

A pervasive feature of populism is the use of rescue narratives to stimulate emotional adherence with audience predicated on evoking fear versus hope for salvation. This paper argues that restricting the rhetorical appeal of rescue narratives to the affective domain obscures the argumentative function that these narratives partake in constructing political arguments. It, thus, claims that rescue narratives can perform as arguments when used to provide reasons to justify political action. The paper examines the way(s) Donald Trump employs rescue narratives (...) as arguments to justify military interventions in Iraq and Syria. The analytical framework supplements the argumentative strategies of the Discourse-Historical Approach to Critical Discourse Studies with pragma-dialectics’ argumentation schemes. The analysis shows that the different elements of the narrative construct premises for argument schemes adduced to justify the rightness of claims. Conceptualizing Trump’s rescue narratives as arguments prompts a reflection on the possibility of narrative discourse to be associated with the domain of reason. (shrink)

The purpose of this study is to deconstruct the language used in President Trump’s Facebook posts while on the campaign trail, and the subsequent comments which reiterate and reify this rhetoric, to understand how Syrian refugees are labeled as a dangerous population unworthy of asylum. By utilizing the theoretical groundwork of Foucault, Agamben, and Mbembe, this qualitative content analysis will explore how Syrian refugees, as depicted by Facebook comments, represent a “disposable population.” We conclude that by reducing Syrian refugees to (...) a sub-human status and representing them as the dangerous and unworthy other, both President Trump who initiated this rhetoric, and those who responded in a way which legitimized his views, effectively labeled Syrian refugees as a dangerous population unworthy of asylum within the USA. (shrink)

Terrorism, Security and Nationality shows how the concepts and methods of political philosophy can be applied to the practical problems of terrorism, state violence and national security. The book clarifies a wide range of issues in applied political philosophy, including the ethics of war, theories of state and nation, the relationship between communities and nationalisms, and the uneasy balance of human rights and national security. Ethnicity, national identity and the interests of the state, (...) concepts commonly cited to justify terrorist acts, all imply starkly contrasting notions of what constitutes a political community. Paul Gilbert examines the reasons for political violence and the plausibility of such justifications. He investigates notions of terrorism as unjust war and as political crime and concludes by considering the proper response of the state to political violence. (shrink)

The main aim of the paper is to reflect the problem of the concept of human rights as well as to make analysis from the perspective of human security. The principal attention is paid to the fundamentals of human rights, first of all, to the human security. Only the world that ensures personal and national security and creative development for its entire people can be world of the real embodiment of human rights. Author (...) considers the education as one of the backbones of human security due to the fact that education fulfils its true purpose by allowing individuals to make their own decisions and take control of their own lives; and creates persons identity. The possibility to develop a human and social identity means a real implementation of human rights. Human rights, based on human security and development, is a permanent process that takes its point of departure in human and social needs within cultural characteristics. So it means that human rights can not be defined once and for all. (shrink)

This article examines the relationship between gender, nations and nationalisms vis-a-vis the Indian state's nationalist identity and perceptions of security. It explores how the postcolonial Indian state's project of nation-building — reflective of a western secular-modern identity and a Hindutva-dominated identity — incorporates gender, with continuities and discontinuities, to articulate divergent forms of nationalist/communalist identities, `cartographic anxieties' and nuclear securities. The article contends that with the recent rise of the Hindu-Right BJP, guided by Hindutva ideology, the nature of representing (...) the Indian nation, its women and securities has changed from a geopolitical to a cultural perception — thereby necessitating a rereading of the Indian nation, nationalism, gender and its perceptions of security. (shrink)

This paper presents the results of an empirical study that reflects monitoring and evaluation of the implementation of some legal acts on the labour of the Republic of Lithuania. The analysis of legal documents at the national and international level is provided. A review of cognate studies conducted by foreign and Lithuanian researchers is presented and the professional situation of a Lithuanian teacher from the employee rights perspective is highlighted. The professional activities contexts and sectors, wherein systematic violations (...) of teachers’ rights to a healthy and safe working environment are possible, are distinguished. A lack of generalized scientific data of employee (especially teacher) working conditions, the actual security of relevant rights and its monitoring and evaluation is still felt both in the country and abroad. A contradiction between: a) insufficient research of the issue and b) its importance to science and practice, exactly presupposes the scientific problems of the empirical study presented in the given paper. The subject of the study: teachers’ rights to a healthy and safe working environment and a fair remuneration for their work. The objective of the study: to conduct monitoring and evaluation of the effective implementation of relevant legal norms and legal acts applying a written sociological survey. The study is based on the results of a mass country-wide written survey of teachers. (shrink)

This paper discusses citizenship in Finnish religious education in relation to human security. It traces the characteristics of human security that connect citizenship, religion, and education in Finnish policy documents. The article focuses on basic education. Its data were analyzed employing qualitative content analysis. The findings indicate that citizenship in Finnish RE entails personal security concerns dealing with psychological and human rights issues. These are found to be essentially human security as conceptualized by the United (...) Nations. However, Finnish policy documents sparingly utilize human security in explicit terms. Finland rather emphasizes the practical applications of human security. Incorporation of explicit global citizen and human rights issues into RE in the new Finnish curriculum seems to project critical global citizenship. This is found to promote human security. Following Finland’s bid for practical application of human security, we recommend that human security be explicitly integrated into the Finnish RE curriculum. (shrink)

The paper examines the connection between online security and the protection of civil rights from a legal viewpoint, that is, considering the different types of rights and interests that are at stake in national and international law and whether, and to what extent, they concern matters of balancing. Over the past years, the purpose of several laws, and legislative drafts such as ACTA, has been to impose “zero-sum games”. In light of current statutes, such as HADOPI (...) in France, or Digital Economy Act in UK, the paper intends to illustrate how more satisfactory solutions are feasible in the field of online security, such as the new “Police and Criminal Justice Data Protection Directive” that the European Commission presented in January 2012. At least in Western legal systems, it should be clear that either civil rights prevail over security (no balancing), or such balance has to satisfactorily protect individual rights (proportionality). (shrink)

ABSTRACTSome people might argue that there are already too many different documents, guidelines, and regulations in bioethics. Some overlap with one another, some are advisory and lack legal force, others are legally binding in countries, and still others are directed at narrow topics within bioethics, such as HIV/AIDS and human genetics. As the latest document to enter the fray, the UNESCO Declaration has the widest scope of any previous document. It embraces not only research involving human beings, but addresses broader (...) concerns in medicine and healthcare. The UNESCO draft declaration has some minor weaknesses, but on the whole, the strengths outweigh the weaknesses. One weakness is that some items in the draft are stated in a way that is too restrictive, thereby appearing to rule out legitimate activities. A strength of the Declaration is that it is relatively brief, yet at the same time contains sufficient detail to make it something more than a rehearsal of mere pieties. As the most recent of the numerous bioethics and human rights documents, the UNESCO draft draws on many of the earlier documents and also includes some of the most recent thinking about ethical norms and obligations. Perhaps its greatest strength lies not in details of the principles or their implementation, but rather in its stature as an international declaration issued by a United Nations organization. (shrink)

The consciousness of social security comes to a man when he feels that he is getting his basic rights. Human Rights are related to those rights which are related to man’s life, freedom, equality and self-esteem, are established by Indian constitution or universal declaration of human rights and implemented by Indian judiciary system. In other words, “Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national (...) or ethnic origin, color, religion, language, or any other status.”1 We are all equally entitled to our human rights without discrimination. But we when come the present conditions of Indian society, it is painful to say we find lots of discrimination and violations of human rights is a common problem. In this paper it is an attempt is made to describe that casteism cause social insecurity and is a form of violation of human rights. (shrink)

Populist-nationalist ideologies pose a threat to women’s rights. This article examines to what extent national institutionalisation of international frameworks promoting women’s rights can weather the misogynistic political climate accompanying the global rise of populist nationalism. The post-2016 situation in the Philippines offers a testing ground for this problem due to the co-existence of President Duterte’s hypermasculinist national leadership with a strong history of institutionalisation of the UN’s Women, Peace and Security (WPS) agenda. Drawing from an (...) analysis of WPS policy and institutions in the Philippines between 2009 and 2019 and from field research and interviews with government agencies, local civil society organisations and international partners, this article argues that the WPS agenda will likely survive in the hostile environment. But it also finds that institutionalisation alone does not guarantee successful implementation. While the WPS agenda may ostensibly remain a national priority under populist-nationalist regimes, its progression has been halted. (shrink)

That the political and moral concept of human rights originated in the West warns us to be watchful for Western biases in human rights discourse, but the concept must be set in the context of the West's attempt to address the universal struggle of individuals and groups to secure justice in the face of claims against them. Thus, the correction of Western bias requires not a rejection of the notion of human rights but a thick description of (...) that struggle as it is manifest in other times and cultures. African experience is richly instructive. Because African nation - states did not emerge from civil societies associated with a particular people, some have represented the communalism of traditional peoples as a distinctive African perspective on rights. Though such claims deserve careful attention, African communalism requires the critical scrutiny that is appropriate to all stances that have the potential to foster coercive and exclusive practices. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 (...) : 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)

As the United States emerges from the worst public health threat it has ever experienced, the Supreme Court is poised to reconsider constitutional principles from bygone eras. Judicial proposals to roll back rights under a federalism infrastructure grounded in states’ interests threaten the nation’s legal fabric at a precarious time. This column explores judicial shifts in 3 key public health contexts — reproductive rights, vaccinations, and national security — and their repercussions.

Since the collapse of the Soviet Union, the United States has faced the challenge of reorienting its foreign policy to address post-Cold War conditions. In this new edition of a groundbreaking work -- one of the first to bring critical theory into dialogue with more traditional approaches to international relations -- David Campbell provides a fundamental reappraisal of American foreign policy, with a new epilogue to address current world affairs and the burgeoning focus on culture and identity in the study (...) of international relations. Extending recent debates in international relations, Campbell shows how perceptions of danger and difference work to establish the identity of the United States. He demonstrates how foreign policy, far from being an expression of a given society, constitutes state identity through the interpretation of danger posed by others. Copyright © Libri GmbH. All rights reserved. (shrink)

ABSTRACTThe U.S. spends billions of dollars in its security cooperation program to develop “professional, accountable, and capable security forces” in other nations, part of a grand strategy to imp...

This volume analyses the moral and legal foundations of privacy, security, and accountability along with the tensions that arise between these important individual and social values.

Although agriculture in Australia is very productive, the current food supply systems in Australia fail to deliver healthy diets to all Australians and fail to protect the natural resources on which they depend. The operation of the food systems creates ‘collateral damage’ to the natural environment including biodiversity loss. In coming decades, Australia’s food supply systems will be increasingly challenged by resource price inflation and climate change. Australia exports more than half of its current agricultural production. Government and business are (...) aiming to substantially increase production to bolster exports. This will increase pressure on agricultural resources and exacerbate ‘collateral’ damage to the environment. The Australian public have a deep and ongoing interest in a very wide range of issues associated with the food systems including the environment, health and sustainability. Food is something we require in order to live and a good diet is something we have to have to be healthy. For health over a life-time we need food security. However, we also require a range of other material goods and social arrangements in order to develop and flourish as human beings. And we need these other things to be secure over a life-time. Food is therefore one security among a range of other securities we need in order to flourish. The paper outlines a number of approaches, as examples, that help to identify what these other goods and arrangements might be. The approaches mentioned in this paper include human rights, national securities, human needs, authentic happiness, capabilities, sustainability and environmental ethics. The different approaches provide a way of evaluating the current situation and indicating a direction for change within the food systems that will address the problems. However, changing large systems such as those involved in food supply is difficult because inertias and vested interests make the current food supply systems resilient to change. The paper suggests that one of the first and ongoing tasks is to develop an understanding of the situation from a comprehensive social–ecological systems perspective. The paper also suggests that a practical leverage point for system change is restructuring the flow of information on the health, natural resources and biodiversity loss issues related to the food supply systems. (shrink)

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's "Principles of European Contract Law", the results of the research conducted by the Study Group on a European Civil Code seek to advance (...) the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The "Principles of European Law" are published in co-operation with Stämpfli, Bern. For other co-operation-partners and for more information see www.sellier.de. (shrink)

This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human rights. Both (...) of these purposes are minimally morally acceptable for legitimacy. Second, we distinguish between three different competences of the UNSC: 1) the decision-making competence, 2) the quasi-legislative competence, and 3) the referral competence. On this basis, we argue that different procedural standards are required to legitimise these competences, which leads to a more differentiated understanding of the Security Council’s legitimacy. While maintaining that the membership structure of the Council is a severe problem for its legitimacy, we suggest other procedural standards that can help to improve its overall legitimacy, which include broad transparency, deliberation, and the revisability of the very terms of accountability themselves. (shrink)

This article motions to a real contradiction between online security and civil rights. It traverses semantic and conceptual elaborations of both security and human rights, narrowing their range to national security and human rather than civil rights, and suggests that the concept of security itself, whether online or not, is a rhetorical instrument in the hands of interested parties, mostly states and militaries. This instrument is used to undermine human rights precisely (...) by means of its association and even identification with military and national settings. Asking whether the same ethics applies in the case of online security (vs. human rights), our tentative conclusion is that a similar moral determination rules in the case of online security, which may be exponentially more complex, but no less ethically compelling. (shrink)

"Provides a definition and defense of individual privacy rights. Applies the proposed theory to issues including privacy versus free speech; drug testing; and national security and public accountability"--Provided by publisher.

This paper provides an overview of the various dual-use concepts applied in national and international non-proliferation and anti-terrorism legislation, such as the Biological and Toxin Weapons Convention, the Chemical Weapons Convention and United Nations Security Council Resolution 1540, and national export control legislation and in relevant codes of conduct. While there is a vast literature covering dual-use concepts in particular with regard to life sciences, this is the first paper that incorporates into such discussion the United Nations (...) Security Council Resolution 1540. In addition, recent developments such as the extension of dual-use export control legislation in the area of human rights protection are also identified and reviewed. The discussion of dual-use concepts is hereby undertaken in the context of human- and/or national-security-based approaches to security. This paper discusses four main concepts of dual use as applied today in international and national law: civilian versus military, peaceful versus non-peaceful, legitimate versus illegitimate and benevolent versus malevolent. In addition, the usage of the term to describe positive technology spin-offs between civilian and military applications is also briefly addressed. Attention is also given to the roles civil society and research ethics may play in the governance of dual-use sciences and technologies. (shrink)

Despite being largely overlooked in the literature, Israel provides a rare example of what a full decade of twenty-first century populism in power looks like. Based on an examination of rhetoric and policymaking between 2009 and 2019, this article brings the writing on the subject up to date and highlights the unique traits of Israeli populism. In so doing it establishes that Israeli populism has been mainstreamed to a remarkable extent and currently encompasses almost all right-wing parties in the country’s (...) legislature. Moreover, it shows that the Israeli case embodies a variety of populism which has yet to be acknowledged in the literature – neither economic nor cultural in character, but rather based on national security issues. The concept of ‘security-driven populism’, introduced here, could prove useful to researchers studying other populist regimes that do not fit neatly into the ‘culture versus economy’ debate, which has dominated the field for years. (shrink)

The rise to taking over state power after elections of 2014 by majoritarian forces in India has since witnessed weakening of institutions of governance. The ruling Bhartiya Janata Party has returned to power with an enhanced parliamentary majority in the 2019 elections. The rise of hindutva, the Hindu nationalist political philosophy of the formations comprising the BJP and the Sangh parivaar or affiliates of the right wing Rashtriya Swayamsevak Sangh, has reshaped the discourse on the “idea of India”. Under the (...) extensive reframing in majoritarian nationalist terms of Indian political verities, it is conceivable that the Indian military, widely regarded as a professional, apolitical and secular force, will also be impacted. There has been little academic scrutiny of the possible influence of majoritarianism on the Indian military. The paper examines impact of the onset of majoritarianism democracy on India’s military by taking a close look at the movement in civil-military relations under the BJP government. There is a shift in civil-military relations from objective civilian control, that enhances professionalism and keeps the military apolitical, to subjective civilian control, wherein the military is co-opted through subscribing to the ideologybased security perspective of the ruling party. This shift poses for the military a risk of losing their a political ethic. Erosion of the apolitical ethic of the military will open up the military’s secular ethic to modification. The conclusions are both relevant for policy and theory. The relevance for policy lies in the need for the Indian state and the military to preserve professionalism by persisting with the objective civilian control model. The theoretical relevance is in discerning limits to the concept of obedience of the military to the civilian political rulers. Where there is a threat from a political ideology or its penetration into the military’s intellectual domain with the potential to dilute the military’s professionalism, the military needs to pushback for the sake of national security. (shrink)

This article provides a critical review of new policies in China, the United States, and the European Union that characterize genomic data as a national strategic resource. Specifically, we review policies that regulate human genomic data for economic, national security, or other strategic purposes rather than ethical or individual rights purposes.

Seeking to explain the emergence of anti-trafficking initiatives, scholars have explored two sets of ideas—national security and gender equality—thought to shape policy. In this study, we examine whether such ideational influence accounts for Sweden's evolving anti-trafficking policy over the past decade. As powerful domestic ideas about gender inequality informed the adoption of an abolitionist prostitution policy in the 1990s, one would expect similar ideas to influence domestic responses to the related issue of cross-border trafficking.However, our case study shows (...) that the policy area of trafficking has largely followed a different ideational path. Gendered ideas, periodically nested in a human rights discourse, have been salient in the public debate on trafficking in human beings, especially during the campaign to boycott the 2006 FIFA World Cup. However, they have exerted substantially less influence on Swedish legislative initiatives to combat trafficking, with security concerns still holding sway. (shrink)

As cross-border trade and cross-border financing continue to increase while security rights over tangible property are governed by the law of the place where the moveable is situated, comparative knowledge of national secured transactions law is crucial for everyone using security rights over tangibles in a cross-border context. This book provides an in-depth examination of the key issues that arise when security rights are created, perfected and enforced in different European countries. Authored by (...) experts on German, English, Dutch, French, Belgian, Italian and Spanish law, the national reports use practical cases and highlight differences and similarities. A special focus is placed on the way in which national courts deal with security interests created elsewhere. A comprehensive introductory chapter analyzes significant secured transactions issues, summarises the comparative data and compares them with Art. 9 of the Uniform Commercial Code and suggests guiding principles for a European harmonization measure or national reform efforts. The book will assist market participants and their counsel to better understand secured transactions law and relevant private international law rules of their own and other countries and assist those involved in national, EU and global law reform efforts. (shrink)

A starting point for thinking about war and preparations for war is that today the average citizen in Western countries has absolutely no interest in fighting in a war him or herself. The best study of this phenomenon rightly notes that what might be called the “great refusal” of ordinary people to involve themselves in actual war making reflects what might be called the “great disillusionment” with war itself. However, this has not meant the end of war, or of preparations (...) for war, but rather war's transformation from a “nationalized” to a “postnationalized” arrangement. For the United States, this has meant expansion into a new type of empire. As part of the symposium on Ned Dobos'sEthics, Security, and the War-Machine,this essay explores these developments and the challenges they pose. (shrink)

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

This is a direct challenge to the notion of library neutrality, especially in the present context of war, revolution, and social change. This book locates library and information workers as participants and interventionists in social conflicts. The strategies for social action worldwide were chosen because of their connection to elements of the Universal Declaration of Human Rights (1948) that relate particularly to core library values, information ethics, and global information justice. This book also encourages readers to pay attention to (...) links between library and information work and the following solidarity rights not currently incorporated into any legally-binding human rights framework. The aim is primarily at librarians, archivists, educators and students. Content consists of essential concepts presented in accessible terms (e.g., critical librarianship, information ethics, global information justice, human rights), along with a practical orientation to action on contemporary issues (e.g., intellectual freedom, intellectual property, preservation, cultural destruction, censorship, public access to government information, commercialization, academic freedom, workplace speech, international relations, anonymity, privacy, confidentiality, human security, national security policies, transborder data flow, and information poverty). (shrink)

I investigate ethical questions concerning a novel cryptocurrency, Bitcoin, using a Fichtean account of the ethics of currency. Fichte holds that currencies should fulfill an ethical purpose: providing access, in perpetuity, to the material welfare that underwrites citizens' basic rights. In his nineteenth‐century context, Fichte argues that currencies fulfill this purpose better when nations control them (i.e., when they are “national currencies”) than when foreigners freely trade them (as “world currencies”). After exploring conditions in which national currencies (...) fail to secure material stability over time, e.g., in corrupt regimes, I develop a Fichtean model for ethically evaluating currencies and evaluate the extent to which Bitcoin meets its standards for ethical currency. I argue that Bitcoin undermines the (monetary) power of nations and, as such, threatens their ability to provide access to necessary material goods. While offering citizens a means of defending themselves against corrupt regimes, Bitcoin forsakes the general welfare and is, as such, unethical by Fichtean lights. (shrink)

Although the idea of intellectual property (IP) rights—proprietary rights to what one invents, writes, paints, composes or creates—is firmlyembedded in Western thinking, these rights are now being challenged across the globe in a number of areas. This paper will focus on one of these challenges: government-sanctioned copying of patented drugs without permission or license of the patent owner in the name of national security, in health emergencies, or life-threatening epidemics. After discussing standard rights-based and (...) utilitarian arguments defending intellectual property we will present another model. IP is almost always a result of a long history of scientific or technological development and numbers of networks of creativity, not the act of a single person or a group of people at one moment in time. Thus thinking about and evaluating IP requires thinking about IP as shared rights. A network approach to IP challenges a traditional model of IP. It follows that the owner of those rights has some obligations to share that information or its outcomes. If that conclusion is applied to the distribution of antiretroviral drugs, what pharmaceutical companies are ethically required to do to increase access to these medicines in the developing world will have to be reanalyzed from a more systemic perspective. (shrink)

The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume distinguished philosophers, political scientists, international lawyers, environmentalists and anthropologists discuss some of the most difficult questions (...) of human rights theory and practice: What do human rights require of the global economy? Does it make sense to secure them by force? What do they require in jus post bello contexts of transitional justice? Is global climate change a human rights issue? Is there a human right to democracy? Does the human rights movement constitute moral progress? For students of political philosophy, human rights, peace studies, and international relations. (shrink)

The “right to belong” is a human right in two ways. First, there is the right to belong in a limited sense, i.e., to the extent necessary for individuals to secure all other human rights, such as those recognized by the United Nations Universal Declaration of Human Rights. Second, there is a deeper aspect of the right to belong, that which is necessary to flourish as a human being. To establish, first, that the right to belong in a (...) limited sense should be a human right, I draw upon Hannah Arendt’s claim that stateless persons are without rights, as only communities can grant them. I argue that this limited level of belonging is a necessary but insufficient condition for human flourishing. Full human flourishing requires belonging on a deeper level. To articulate the nature of this deeper level of belonging I draw on Simone Weil’s definition of the “need for roots” and John Dewey and Jane Addams’ constructions of the self as social. I then show how “belonging” in a deeper sense necessarily connects with how a person is perceived and received by individuals and institutions in a community and argue that full perception by and participation in a community is necessary for humans to flourish. Thus, the right to belong imposes an ethical obligation on other members of the community to perceive undocumented immigrants as full human persons with the potential to lead flourishing lives. (shrink)

The concept of privacy as a basic human right which has to be protected by law is a recently adopted concept in Thailand, as the protection of human rights was only legally recognized by the National Human Rights Act in 1999. Moreover, along with other drafted legislation on computer crime, the law on privacy protection has not yet been enacted. The political reform and the influences of globalization have speeded up the process of westernization of the urban, (...) educated middle-class professionals. However, the strength of traditional Thai culture means that a mass awareness of the concept of privacy rights remains scarce. This paper explicates the Thai cultural perspective on privacy and discusses the influence of Buddhism on privacy rights, including the impacts of globalization and the influence of Western values on the country’s political and legal developments. The paper also discusses the legal provisions regarding privacy protection, and the debates on the smart ID cards policy and SIM cards registration for national security. (shrink)