Search

Growing misuse of social media calls for an urgent move towards greater legal regulation to control the menace of fake news, hate speech and disinformation among democracies. The online interactions have undergone an evolution that threatens not only free speech, privacy, data protection, national security but democracy as a whole. The subject matter assumes significance, in a democracy like India, which has recently notified a new regulatory regime - Information Technology Rules, 2021, that has fundamentally changed the regulation of online content in India. This development warrants for revisiting the prior regulatory regimes to analyse the new rules and guidelines and its impact on public sphere. The review paper aims at mapping the evolution of laws governing online content in India. The fact-finding review paper is based on reviewing existing laws, regulations, policies, research papers, media reports, articles. It also seeks to explore the linkages between the legislative regulatory gaps and regulatory framework covering rules and principles on instances of internet governance to find solutions and future developments. After critically examining new guidelines, the study found out a case of overreaching provisions that dilute free speech and privacy.

This paper seeks to analyze the impact of terrorism on the enjoyment of civil liberties guaranteed under the European Convention on Human Rights (ECHR). The paper profoundly assesses case law from the European Court of Human Rights (ECtHR) in order to assess how the Court manages to guarantee that rights are still respected and upheld, even when weighed against the most severe circumstances, namely terrorism. In doing so, the counter-terrorism legal system of one of the most controversial parties to the ECHR, the United Kingdom, is assessed to identify issues which arise when combating terrorism. Surveillance and stop-and-search are archetypical anti-terrorism measures that are limited through the ECtHR in order to not excessively infringe upon human rights, in accordance with Lloyd’s notion of imposing sufficient safeguards if new measures are enacted. Although the ECtHR can be considered an essential guarantor for human rights through its judicial dialogues and influences on domestic courts and governments, the issue of refoulment in torture cases must be readdressed in upcoming case-law. Moreover, grave privacy infringements are permitted to a terrifying extent, and the longer the ECtHR takes to take a solid stance against States abusing the aim of national security, the more severe it will naturally become, due to society’s incremental progression towards a digital life. Ultimately, terrorism tests democratic governments in a unique way, as imposing draconian measures would be an easy way to ensure safety. Nonetheless, fighting with one hand behind one’s back is necessary to uphold the status of a rights-respecting democracy. Only time will tell whether the ECtHR will evolve to give proactive verdicts to ensure human rights prior to their breach.

Problem setting. The relevance doctrinal definition of a perspective never left attention of domestic and foreign researchers in the sphere of ensuring environmental safety of any state. This regularity looks quite logical, extent of observance of the rights and freedoms of the person and citizen, life and healthy it closely connected with due realization of governmental activities on safe the surrounding environment, minimization of harmful production, techno genic catastrophes, especially in the conditions of activation of the atomic industry.The above circumstances rather brightly demonstrate relevance of the chosen perspective, which is a peculiar element of welfare of society in general, and an indicator of ensuring national security of the Ukrainian state.Recent research and publications analysis. The theorist ‒ applied aspects of determination of regularities of formation and development of national security found the reflection in many works of domestic scientists, in particular such as: S. Andreyev, A. Borisenko, A. Davidyuk, A. Degtyar, S. Dombrovskaya, A. Radchenko, E. Romanenko, S. Rusnak, etc.Determination of features of environmental safety, its etymological contents as independent institute and an element of national security is reflected in numerous scientific practices of the famous Ukrainian scientists among which it should be noted: M. Hilko, P. Fesyanov, O. Gulich, O. Zarzhitskaya, Mr. Hvesika, Yu. Litvinova, I. Bugaychuka, Mr. Trotsky, I. Goml, O. Kovalenko and others.At the same time, versatility of scientific research enough contradictory turned out to be consequence of numerous number of various approaches to this perspective, sometimes and opposite that demands their systematization, generalization and formation of certain concepts and approaches.The paper objective ‒ full and doctrinal researches it is eco-friendly and safety as the making national security of Ukraine through a prism of generalization and systematization of modern concepts and approaches.The paper main body. Scientific views are presented and the detailed analysis of the current legislation of Ukraine allows to offer three concepts definition of a concept of «environmental safety» depending on its functional purpose, in particular: administrative; security and retrospective. At the same time, it should be noted that each of the presented concepts allows to mark out only certain regularities of environmental safety, but defining fundamental only one of the offered concepts, in the end result it is possible to receive only the same analysis owing to what, the essence of this knows to reveal only by means of synthesis of all listed concepts that demonstrates complexity of this category on general scientific and general-theoretical level and need of formation of the uniform, settled concept.Conclusions of the research. Environmental safety as quite complex and important institute, irrespective of the concept which is the basis for her theorist applied understanding provides the potential of democratic and social development of the state in the context of realization of national security and also allows to keep the appropriate level of functioning of the country on the international scene.

Problem setting. Human rights and freedoms are an essential part of building a democratic state. In turn, freedom of speech is a basic value of a democratic state. At the same time, modern democratic countries, facing terrorist and information threats, becoming information war objects, are forced to adjust the realization legal parameters of the freedom of speech, especially in the media. Recent research and publications analysis. Variety of law, philosophical and political science publications are devoted to problems of the freedom of speech ensuring in conditions of «hybrid» and information wars, the permanent terrorist threat, and armed conflicts. Paper objective. This research aims on highlighting the freedom of speech realization problem in current information and «hybrid» wars, as well as on revealing the features of the relationship between freedom of speech and security measures in democratic states. Paper main body. Nowadays, informational confrontation, information attacks and wars have become the dominant component in the struggle for global leadership. World democracies face the problem of comprehensive freedom of speech implementation on the one hand, and on the other hand - maintaining the safe state existence in conditions of «hybrid» wars, negative informational effects on public consciousness and spiritual-cultural area of the country. In different countries of the world, the beginning of the XXI century events have clearly shown that by means ofsocial networks, it is possible to carry out information attacks against entire nations in order to destabilize the situation, create an auspicious spiritual and psychological climate for the further manipulative actions, destructive influence on existing political and economic systems, legal, spiritual, cultural and other relations, which ultimately leads to the destabilizing of state, information, political and economic sovereignty of the country. To date, in scientific and expert circles, the main criteria have been developed, whereby it is determined whether a country has become the object of information war and information expansion, which accordingly requires the state to take countermeasures to strengthen national security (informational in particular), freedom of speech regulation. Conclusions of the research. Thus, in all of its aspects, the freedom of speech must be ensured by a democratic state, but at the same time it is necessary to clearly define the boundaries of openness in certain areas (military, national security) for the stable country existence.

Since the earliest days of colonization, religion – in particular, the Roman Catholic Church – has been a driving force in the Latin American politics, economics, and society. As the region underwent frequent political instability and high levels of violence, the Church remained a steady, powerful force in society. This paper will explore the relationship between the Catholic Church and the struggle to defend human rights during the particularly oppressive era of bureaucratic-authoritarianism in Latin America throughout the 1960s–1980s. This paper seeks to demonstrate that the Church undertook the struggle to protect human rights because its modernized social mission sought to support the oppressed suffering from the political, economic, and social status quo. In challenging the legitimacy of the ruling national security ideology and illuminating the moral dimensions of violence, the Catholic Church became a crucial constructive agent in spurring social change, mitigating the effects of violence, and setting a democratic framework for the future.

The maintenance of internal and external security of the state is essentially the primary duty of the government. In Nigeria, this has become imperative in the face of the myriad of threats to her national security from within and outside. Nigeria has been bedeviled by the problem of insecurity caused by armed robbery, political violence, ethno-religious conflicts, Fulani herdsmen, Boko Haram insurgents and the Niger Delta insurgency. For a country trying to nurture her evolving democracy, security threat in whatever form is antithetic to sustainable democracy. This paper therefore, examines the elements of national security, which include but not limited to military, political, economic, and environmental security. It concludes that the myriad of security threats facing the country requires more than military force to resolve in order to achieve true national security. The paper recommended several measures to be put in place by the government to deemphasize its absolute reliance on the military for national security; ranging from the use of other elements of national power, such as diplomacy, negotiation and law enforcement, social and economic equity to environmental justice.

The U.S. relations to Democratic People’s Republic of Korea (DPRK) are since the end of the Cold War revolving around achieving a state of nuclear free Korean peninsula. As non-proliferation is a long term of American foreign policy, relations to North Korea could be categorized primarily under this umbrella. However, the issue of North Korean political system also plays role as it belongs to the other important, more normative category of U.S. foreign policy which is the protection of human rights and spreading of democracy and liberal values. In addition, the North Korean issue influences U.S. relations and interests in broader region of Northeast Asia, its bilateral alliances with South Korea (Republic of Korea, ROK) and Japan as well as sensitive and complex relations to People’s Republic of China. As the current administration of president Donald J. Trump published its National security strategy and was fully occupied with the situation on Korean peninsula in its first year, the aim of the paper is to analyse the changes in evolution of U.S. North Korean policy under last three administrations, look at the different strategies adopted in order to achieve the same aim, the denuclearization. The paper does not provide a thorough analysis, neither looks at all documents adopted and presented in the U.S. or within the U.N. It more focuses on the general principles of particular strategies, most significant events in mutual relations as recorded by involved gov­ernmental officials and also weaknesses of these strategies as none has achieved desirable result. In conclusion, several options for current administration are drawn, however all of them require significant compromises and could be accompanied with series of setbacks dangerous for regional stability and U.S. position in the region.

Organized crime is one of the greatest threats to modern civilization, which increasingly tends to assume global significance and threaten human survival, economy, economic and financial systems, the environment, as well as the achievements and values of human civilization. The paper deals with some aspects of the problem of organized crime, as one of the most serious contemporary non-military threats to national and international security. When it comes to threats to national security, destructive effects on all areas of social and state life are evident. Organized crime is not only very serious, but it is insufficiently visible and incompletely explored social phenomenon. Starting from the actuality of organized crime as a phenomenon, the paper points to the evolution and new threatening dimensions of contemporary organized crime, as well as the consequences for citizens and national security. In addition, there is a brief review of the legislative framework, and the activities and results achieved by the police in suppressing this phenomenon. Organized crime, as a severe form of criminal activity, can not be completely eradicated. However, certain forms of struggle can reduce it to a more tolerable level, with the ultimate aim to suppress it effectively with adequate resources and, if possible, eradicate in areas where it inflicts the most damage. The harm from organized crime is reflected primarily in its destructive action on the most important social values and goods: democracy, rule of law, democratic institutions, and the market economy.

This paper is on the aspects of intergroup relations in 21st century Nigeria: Emblem of Ethnicity, Religious Fundamentalism and National Security Crisis, 2000-2014. The objective of the paper is to contribute to some existing literature on the state of intergroup relations in Nigeria. Besides, it would provoke further researchers on the subject because the Nigeria state is presently experiencing disintegrating challenges. It is already known by scholars that some contending issues and challenges have not encouraged intergroup relations in 21st century Nigeria but without their examining that of ethnicity, religious fundamentalism and national security threats as addressed in this paper using the available primary and secondary sources discussed in subthemes narration common to histories. With the triumphant entry of democratic rule and its gradual consolidation in this century Nigerians approached this development within a renewal of hope that inter-group contacts of the divergent ethnic nationalities started in the pre-colonial period would be consolidated before now. But the nation-state is yet trapped in woes of ethnicity, religious extremism and national security crisis thereby, aiding the reasons why meaningful inter-ethnic/group relations are eluding Nigeria.Key words: Intergroup Relations, 21st Century, Ethnicity, Religious Fundamentalism, National Security, Crisis

The maintenance of internal and external security of the state is essentially the primary duty of the government. In Nigeria, this has become imperative in the face of the myriad of threats to her national security from within and outside. Nigeria has been bedeviled by the problem of insecurity caused by armed robbery, political violence, ethno-religious conflicts, Fulani herdsmen, Boko Haram insurgents and the Niger Delta insurgency. For a country trying to nurture her evolving democracy, security threat in whatever form is antithetic to sustainable democracy. This paper therefore, examines the elements of national security, which include but not limited to military, political, economic, and environmental security. It concludes that the myriad of security threats facing the country requires more than military force to resolve in order to achieve true national security. The paper recommended several measures to be put in place by the government to deemphasize its absolute reliance on the military for national security; ranging from the use of other elements of national power, such as diplomacy, negotiation and law enforcement, social and economic equity to environmental justice., Обеспечение внутренней и внешней безопасности государства является первоочередной обязанностью власти. В Нигерии это стало насущной необходимостью в условиях огромного количества угроз национальной безопасности страны как внутренних, так и внешних. Нигерия страдает от опасностей, вызванных вооруженными грабежами, политическим насилием, этнорелигиозными конфликтами, террористическими атаками племен скотоводов Фулани, мятежами боевиков из террористической организации «Боко Харам». Для страны, которая изо всех сил стремится идти по пути демократического развития, угроза безопасности в любой форме несовместима с понятием устойчивой демократии.Статья посвящена анализу составляющих национальной безопасности, которые включают в себя, но не ограничиваются сферами военной, политической, экономической и экологической безопасности. Выводом исследования является то, что для достижения настоящей национальной безопасности и устранения многочисленных угроз, с которыми сталкивается страна, необходимо применение не только военной силы.Предлагаются меры, которые должно принять правительство страны для преодоления своей полной зависимости от вооруженного разрешения проблем национальной безопасности, прежде всего с помощью таких властных инструментов, как дипломатия, переговоры, правоохранительные действия, обеспечение социального, экономического равенства и экологической справедливости., Забезпечення внутрішньої і зовнішньої безпеки держави є найпершим обов’язком влади. У Нігерії це стало нагальною потребою в умовах величезної кількості загроз національній безпеці країни зсередини та ззовні. Нігерія потерпає від небезпек, спричинених озброєними пограбуваннями, політичним насиллям, етнорелігійними конфліктами, терористичними атаками племен скотарів Фулані, заколотами бойовиків з терористичної організації «Боко Харам». Для країни, яка щосили прагне йти шляхом демократичного розвитку, загроза безпеки у будь-якій формі несумісна з поняттям стійкої демократії.Статтю присвячено аналізу складових національної безпеки, що включають у себе, але не обмежуються сферами воєнної, політичної, економічної та екологічної безпеки. Висновком дослідження є те, що для досягнення реальної національної безпеки та усунення численних загроз, з якими стикається країна, необхідне застосування не лише воєнної сили. Пропонуються заходи, яких має вжити уряд країни для послаблення своєї повної залежності від збройного вирішення проблем національної безпеки, насамперед за допомогою таких владних інструментів, як дипломатія, перемовини, правоохоронні дії, забезпечення соціальної й економічної рівності та екологічної справедливості.

Rad se bavi prikazom položaja kurdske manjine u Turskoj te nastoji istražiti mogućnosti rješenja kurdskog pitanja s obzirom na okolnosti, unutarnje i vanjske, kroz koje je Turska prolazila i koje danas oblikuju političku situaciju te države. Cilj je procijeniti perspektivu za rješavanjem kurdskog problema s obzirom na interpretaciju istog od strane turskih vlasti kao vodećeg izazova za nacionalnu sigurnost. Nadalje, navođenjem i analizom faktora koji se pokazuju ključnim u oblikovanju politike vlasti prema Kurdima, rad opisuje status kurdskog pitanja kao ugroze turskog identiteta i sigurnosti. Isto tako, nastoji pokazati potencijale za drugačijim pristupom tematiziranom problemu. Promotrivši sve činitelje, njihova preklapanja, pozitivne i negativne učinke, u konačnici se ispostavlja kako trenutno ne postoji perspektiva za boljim položajem Kurda u Turskoj, na koje će se i dalje gledati kao na vodeću prijetnju unutarnjoj sigurnosti države. Razlozi tome zaključku su slabosti turskog političkog sustava u obliku nedostatka demokratskih vrijednosti, terorističke prijetnje PKK i Islamske države, regionalnih sukoba i nedostatka pozitivnog utjecaja iz međunarodne sfere. Prema svemu navedenom, mogućnost rješenja pitanja Kurda ostaje neostvarena., This paper presents the condition of Kurdish minority in Turkey and attempts to explore the possibilities of finding solution to the Kurdish question regarding the circumstances, internal and external, through which Turkey went through and which mold the political situation in that country today. The goal is to estimate a perspective for finding a solution to the Kurdish issue considering the interpretation of the same from Turkish government as a leading national security challenge. Furthermore, through listing and analysis of key factors in shaping government's policy towards the Kurds, this paper describes the status of Kurdish issue as a threat to Turkish identity and security. Also, it attempts to manifest potentials for a different approach to the question at hand. By bringing forward all factors, their overlapping, positive and negative impacts, the final turnout is that there is no immediate perspective for a better status of Kurds in Turkey, whom will still be observed as a leading internal security threat. Reasoning for such conclusion lies within the weaknesses of Turkish political system that lacks in democratic values, terrorist threats of the PKK and Islamic State, regional conflicts and the shortage of positive influence from international sphere. According to everything that is brought up, the possibility of solution to the Kurdish issue remains unrealized.

Rad se bavi prikazom položaja kurdske manjine u Turskoj te nastoji istražiti mogućnosti rješenja kurdskog pitanja s obzirom na okolnosti, unutarnje i vanjske, kroz koje je Turska prolazila i koje danas oblikuju političku situaciju te države. Cilj je procijeniti perspektivu za rješavanjem kurdskog problema s obzirom na interpretaciju istog od strane turskih vlasti kao vodećeg izazova za nacionalnu sigurnost. Nadalje, navođenjem i analizom faktora koji se pokazuju ključnim u oblikovanju politike vlasti prema Kurdima, rad opisuje status kurdskog pitanja kao ugroze turskog identiteta i sigurnosti. Isto tako, nastoji pokazati potencijale za drugačijim pristupom tematiziranom problemu. Promotrivši sve činitelje, njihova preklapanja, pozitivne i negativne učinke, u konačnici se ispostavlja kako trenutno ne postoji perspektiva za boljim položajem Kurda u Turskoj, na koje će se i dalje gledati kao na vodeću prijetnju unutarnjoj sigurnosti države. Razlozi tome zaključku su slabosti turskog političkog sustava u obliku nedostatka demokratskih vrijednosti, terorističke prijetnje PKK i Islamske države, regionalnih sukoba i nedostatka pozitivnog utjecaja iz međunarodne sfere. Prema svemu navedenom, mogućnost rješenja pitanja Kurda ostaje neostvarena. This paper presents the condition of Kurdish minority in Turkey and attempts to explore the possibilities of finding solution to the Kurdish question regarding the circumstances, internal and external, through which Turkey went through and which mold the political situation in that country today. The goal is to estimate a perspective for finding a solution to the Kurdish issue considering the interpretation of the same from Turkish government as a leading national security challenge. Furthermore, through listing and analysis of key factors in shaping government's policy towards the Kurds, this paper describes the status of Kurdish issue as a threat to Turkish identity and security. Also, it attempts to manifest potentials for a different approach to the question at hand. By bringing forward all factors, their overlapping, positive and negative impacts, the final turnout is that there is no immediate perspective for a better status of Kurds in Turkey, whom will still be observed as a leading internal security threat. Reasoning for such conclusion lies within the weaknesses of Turkish political system that lacks in democratic values, terrorist threats of the PKK and Islamic State, regional conflicts and the shortage of positive influence from international sphere. According to everything that is brought up, the possibility of solution to the Kurdish issue remains unrealized.

This paper provides a comparative perspective on judicial review in Indonesia after the establishment of the Constitutional Court in 2003. It starts by retelling the well-known story of the "transformation of American law" over the first half of the last century. As narrated by Morton Horwitz, that story is about how nineteenth-century industrialisation processes destabilised the premises of "Classical Legal Thought", and then about how the legal realist movement exploited the ensuing crisis to transform the way Americans think about law and its relationship to other social systems. Mining this story for generalisable concepts, the paper argues that the establishment of strong-form judicial review necessarily draws on and, in turn, influences prevailing conceptions of legal and political authority. These conceptions vary along a continuum, in the first case, from public confidence in law's autonomy to a conception of law as deeply immersed in politics, and, in the second case, from a conception of legitimate political authority as contingent on a fairly won democratic mandate to a conception of political authority as residing in the power holder's capacity to promote important social goals, such as national security or economic prosperity. Each of these variables may change independently of the other. In certain situations, however, they may also combine to form a relatively stable judicial review regime – a hegemonic legitimating ideology in which conceptions of legal and political authority lock into and mutually support each other. The fourth section uses this conceptual framework to assess the Indonesian Constitutional Court's approach to its mandate after 2003. Under its first two chief justices, the paper notes, the Court engaged in a concerted effort to build public understanding of its legitimate role in national politics. The Court's abrupt switch between its first Chief Justice, Jimly Asshiddiqie's legalist conception of law's authority and his successor, Mohammad Mahfud's more instrumentalist conception, however, has impeded the consolidation of a determinate judicial review regime. Given the considerable threats still confronting Indonesia's democracy, this situation is worrisome. The Court urgently needs to present a coherent account of its legitimate claim to authority if it is to continue playing an effective role.

This paper looks at the relationship between the design of a law which aims to give individuals a right to access information held by public authorities, i.e. a right to information (RTI) law, and the successful implementation of that law. The legal framework involves both laws and subordinate legislation, such as regulations, which complement the law and are easier to amend, with the result that there is likely to be a more dynamic relationship between the design of regulations and implementation challenges. There is also, of course, the question of how laws are interpreted by the courts, as well as other players, such as oversight bodies, which can impact significantly on implementation of the law. A key issue for this paper is the fact that there is, at least in many countries, a law-implementation or policy-practice gap in the sense that implementation of the RTI law is significantly sub-optimal.1 No law is perfectly implemented, but the gap between the standards of the formal rules and what actually happens is often quite significant for RTI laws. In some settings where observance of the rule of law is low, RTI laws are almost entirely ignored and/or certain key provisions in them are routinely ignored. This sort of radical policy-practice gap makes it difficult to discuss sensibly the relationship between legal design features and implementation, which is the focus of this paper. The paper therefore focuses on contexts where there is a reasonable expectation or an established record of medium to better practice in terms of implementation. A key focus is to discuss ways to reduce the policy-practice gap through more carefully tailored legal design.

Nigeria has been faced with many security challenges especially since her return to democracy in 1999. Since 1999, the nation witnessed serious security challenges that has not only threatened her existence as a nation but has defied all solutions for its eradication including the efforts of the security agencies to tackle the problem. This calls for an urgent attention and collaboration of the traditional rulers in checking the rising tide of insecurity in Nigeria. As the rulers of various communities, and the custodian of the people’s culture, they have a grip of the people at the grass root and therefore can mobilize the people for action against insecurity in their domain and by extension the nation. The paper is to examine not only the roles of the traditional rulers in the maintenance of security for an effective nation building but also how the institution to be restructured for it to perform better in the maintenance of national security for sustainable development in Nigeria. This demands that the traditional institution be restructured in a way and manner that it will operate optimally in the maintenance of national security

Bearing in mind that international cooperation and solidarity are fundamental principles underlying the endeavour of international law, reflected in General Assembly Resolution 2625 (XXV) which affirms the duty of states to cooperate with one another in accordance with the Charter, as well as international agreements, such as the United Nations Convention on the Law of the Sea, the Treaty on Principle Governing the Activities of States in the Exploration and Use of Outer Space including the Moon and Other Celestial Bodies, and the Antarctic Treaty which reflect and address global concerns. This paper is a desk-based (non-empirical) research which examines the impacts and implications as well as theories of regional integration or cooperation on the member state’s sovereignty, among others. It reveals regional cooperation has both the upside and downside. It concludes that regional cooperation is global trend; it will have different effects in different regions and development issues. Keywords: Obstacles; Impacts State Cooperation; Regionalism; Rational; Supranationalism; State Integration; State Sovereignty.

In the US fiscal year 2019, Trump and the US Congress agreed to provide foreign military assistance funds approximately $400 million to Ukraine. In its distribution process, Trump procrastinated the release as he decided to halt that in July. Two months later, he changed it and released the assistance. This study seeks to analyze the dynamics of that rapid change policy. In doing so, it employs qualitative research, particularly the process-tracing method as its function to trace the causal mechanism of the research puzzle. By applying Neoclassical Realism provided by Ripsman, Taliaferro, and Lobell, this paper demonstrates some findings: The halt policy is regarding Trump's political endeavor to weaken and outperform his domestic political rival, the Democratic Party. Trump asked the Ukrainian counterpart to investigate Joe Biden's corruption and reverted Russia hack scandal in the last US presidential election in exchange for the release of military assistance. However, the policy was hampered by some domestic elements, (1) some of the Foreign Policy Executive thought the halt policy was not following the US national security, hence they acted as whistleblowers issuing Trump personal interest in the issue to gain wider public awareness; (2) US Strategic Culture, a perception that shapes Russia as among US enemy. Thus, that halt policy is perceived against US collective value; (3) US check and balance system; (4) Trump consideration that the halt policy can jeopardize his position as president in the next election. These factors contribute to the release of assistance.

This study aims to analyze the influence of the National Security Doctrine on the militarization of Brazilian police between 1969-1970. During the military dictatorship, there were developments in the interpretation of who is the “internal enemy” for the State. That interpretation could have impact on the militarization of Brazilian police. The São Paulo State Public Force militarization model became the central reference of analysis in this paper because it’s one of the main practical laboratories for the institutionalization of the National Security Doctrine in the highlighted period. In order to achieve the objectives, the historical-legal investigation focused on primary sources (documents and reports produced at the time) and secondary sources (academic and doctrinal works, in dialogue with institutions and legislation). The institutional changes in the military police triggered by the military regime's internal security plans and guidelines were linked to the practices of State agents within an apparatus considered authoritarian, managed exclusively by the Armed Forces, without control by the institutions and the population. The transition from dictatorship to democracy has not been able to activate institutional reforms in the structure of military policies, especially for the demilitarization of the police as auxiliary forces of the Armed Forces. O presente estudo pretende analisar a influência da Doutrina de Segurança Nacional na militarização das polícias brasileiras entre 1969-1970. Durante a ditadura militar, houve desdobramentos na interpretação sobre quem é o “inimigo interno” para o Estado, o que poderia gerar impactos na militarização das polícias brasileiras. O modelo de militarização ocorrido na Força Pública do Estado de São Paulo passa a ser a referência central de análise nesse trabalho por ser um dos principais laboratórios práticos de institucionalização da Doutrina de Segurança Nacional no período em destaque. Para que os objetivos pudessem ser alcançados, a investigação histórico-jurídica debruçou-se sobre fontes primárias (documentos e relatórios produzidos na época) e secundárias (trabalhos acadêmicos e de doutrinas, em diálogo com as instituições e legislação). As modificações institucionais nas polícias militares desencadeadas pelos planejamentos e diretrizes de segurança interna do regime militar articularam-se às práticas dos agentes do Estado dentro de um aparato considerado autoritário, geridos exclusivamente pelas Forças Armadas, sem controle por parte das instituições e da população. A transição da ditadura para a democracia não foi capaz de ativar reformas institucionais na estrutura das políticas militares, sobretudo para a desmilitarização das polícias como forças auxiliares das Forças Armadas.

The “Nixon China Shock” (the July 15, 1971 statement by the U.S. President R. Nixon about the recent trip of his National Security Advisor H. Kissinger to the PRC and about the President’s upcoming visit there) became one of the pivotal points in the history of Japanese foreign policy and contributed to Tokyo becoming more independent from Washington in its diplomatic course. Using the case of Japan’s reaction to this event, the article explores the characteristic features of the foreign policy making process in post-war Japan and demonstrates the considerable influence of these features on the character of Japanese foreign policy of the so-called “1955 System” period (the prolonged and continuous dominance of the conservative Liberal Democratic Party in 1955-93). The paper shows the decentralization of the foreign policy making process, expressed in the limited ability of the Prime Minister to determine foreign policy, the presence of considerable internal contradictions in the MoFA of Japan, the factionalism of the ruling party, and the high degree of dependency of the government’s policy course on the public opinion. It proves that these factors were one of the reasons for Japan’s political leadership avoiding decisive actions to normalize relations with the PRC before the “Nixon shock”, cautious that it might damage its relations with the U.S. and unable to discern the signs of upcoming U.S.-Chinese détente, and after this event, vice versa, making every effort to normalize its relations with Beijing as soon as possible, reaching this goal even before their American partners did. Given the historical importance of the “1955 System” for contemporary Japanese politics, the article’s conclusions are significant for the understanding of the logic of Japan’s domestic politics and foreign policy of the entire post-war period.Author declares the absence of conflict of interests.

In this paper, the authors analyse the ambiguous political decision to ban the major Russian web resources from access to the Ukrainian market, in spite of heavy criticisms from local and foreign experts. While the supporters of the new internet policy claimed the new strategy to be coherent with cybersecurity priorities of the country, the opponents pointed out a set of legal and political limitations. Drawing on the setting and results of taking a new approach to information policy, we describe the fragility of Euromaidan democratic heritage and drawbacks of the current political regime. The logical method of legal interpretation has been applied to analyse the controversies of the current legislation on Russian internet resources restriction. The article concludes that Ukrainian post-Euromaidan governance model needs to consolidate the efforts in order to prove the commitment to freedom of speech as a core European value and replace spontaneous actions with an evidence-based approach to political decision-making.

Este artículo analiza, desde una óptica de derecho comparado, el vínculo que une el estudio del fenómeno del criminal compliance, capaz de evitar o reducir hasta niveles de tolerancia social los riesgos emanados de la actividad empresarial, con las prioridades estratégicas globales (seguridad humana, desarrollo sostenible) establecidas por organismos internacionales como, por ejemplo, Naciones Unidas. Se considera que este enfoque servirá para que los Estados democráticos fortalezcan el Estado de derecho y, particu­larmente, las pautas legales relativas a la prevención en materia de compliance dentro y fuera de las fronteras nacionales. Así, el presente trabajo, para cuya redacción se examinó una variedad de documentos estratégicos penales y extrapenales, advierte que el modelo preventivo ofrecido por el compliance en aras de proteger bienes jurídico-penales puede ser útil para contener otros riesgos que causan inseguridad en las sociedades actuales. This paper analyzes, the link that ties the study of the phenom­enon of criminal compliance with global strategic priorities (human security, sustainable development) established by international organizations such as the United Nations) from a comparative law perspective. The phenomenon of criminal compliance is capable of avoiding or reducing the risks arising from business activity to levels of social tolerance. It is considered that this approach will serve for democratic States to strengthen the rule of law and, particularly, the legal guidelines related to the prevention of compliance within and outside national borders. Thus, the present work, for the drafting of which a variety of strategic criminal and extra-criminal documents were examined, warns that the preventive model offered by compliance in order to protect legal-criminal assets may be useful to contain other risks that cause insecurity in current societies.