Secrecy And Liberty National Security Freedom Of Expression And Access To Information

The tension between national security and freedom of expression and information is both acute and multifaceted. Without national security, basic human rights are always at risk. On the other hand, the tendency of governing elites to confuse `the life of the nation' with their own survival has often resulted in excessive restrictions on expression and information, as well as other fundamental rights. A proper balance between secrecy and liberty requires a vigilant press and an independent judiciary. It also requires greater clarity than currently exists as to how competing rights and interests should be weighed. This book addresses that gap. Its centerpiece is a set of Principles drafted by a group of international and national law experts, many of whom contributed chapters, to guide governments, courts and international bodies in how to strike a proper balance. The Principles have been widely endorsed, among others by United Nations experts on freedom of expression and independence of judges and lawyers. Sixteen country studies - profiling, among other states, Albania, Chile, China, Egypt, France, Germany, India, Israel, Japan, Norway, South Africa, South Korea, Turkey, the United Kingdom, the United States, and the Federal Republic of Yugoslavia - explore the tremendous diversity of national security doctrines and the penal and other measures aimed at suppressing allegedly secret information and speech claimed to be subversive, separatist or otherwise dangerous. Five chapters examine the cases considered and approaches taken by the UN Human Rights Committee, three regional human rights bodies, and the European Court of Justice. A Commentary draws on the other chapters to support and elucidate the Principles, noting where they reflect an existing consensus and the points at which they attempt to elicit a more rights-protective approach.

Government Secrecy presents the best that has been thought and written on the subject, including history and philosophy, theory and practice, justification and critique. Through readings, which range from Georg Simmel on secrecy and Max Weber on bureaucracy and secret-keeping, to post-9/11 concerns regarding freedom of information and presidential secrecy, it enables readers to explore the issues and questions that surround the government's right to keep necessary secrets—or not. This collection, and the diverse perspectives it represents, will engage students and other interested parties in a discussion of the benefits—and dangers—of government secrecy. The collection is designed to generate questions regarding historical accuracy of government information, information ethics, professional neutrality, ownership of information, public right to information, national security, and transparency. The essays explore the criteria and conditions for government secret-keeping, as well as contributing to public and academic discussion of the role of secrets in democracies.

The book deals with the complicated relationships between national security and human rights, and between public health and human rights. Its premise is the fact that national security and public health are both included in human rights instruments as ‘exceptions’ to the human rights therein sanctioned, yet they can arguably be considered as human rights themselves and be equally valuable. The book therefore asks to what extent the protection of the individual could – or should – be overridden to enable the protection of the national security or public health of the general public. Both practice and case law have shown that human rights risk being set aside when they clash with the protection of national security or public health. Through theoretical analysis and practical examples, the book addresses the conflicts that arise when the concepts of national security and public health are used – and abused – and other rights, including freedom of speech, procedural freedoms, individual health, are violated as a consequence. It provides many interesting findings on the values that states are ready to protect – and forego – to ensure their safety, which can contribute to the ongoing debate on the protection of human rights. This book was originally published as a special issue of The International Journal of Human Rights.

This collection analyses the regulatory aspects of harmful interference faced by those entities operating space communication and broadcasting. While technology reacts to this international phenomenon with the development of continuously improving technological systems for preventing and combating harmful interference, its international regulatory and legal framework develops at a much slower pace. Issues discussed include the increasing deterioration of signals from broadcasting and communication satellites, including cases of intentional interference known as `jamming’; the human rights balance between freedom of expression and protection from hate speech; the efficacy of the current regulatory system and the legal consequences of non-compliance; the role of national authorities, and supranational bodies such as the EU and UN. The contributors include experts drawn from international and national academia, the ITU, national regulatory authorities and operators to present an international, multidimensional, and critical analysis of this complex phenomenon.

While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.

Protecting sensitive national security information is among a government’s most significant duties. However, this concept may be used to adversely limit the public’s right to access to government-held information. Therefore, striking a reasonable balance between these competing interests is of great importance for any society. How important to the creation of such a balance is effective judicial review of government decisions denying public access to information on national security grounds? How should judicial review of these decisions be conducted? “Freedom of Information and National Security: A Study of Judicial Review under U.S. Law” seeks to answer these questions. It offers proposals for the improvement of judicial review of public bodies’ decisions in the U.S. and provides suggestions for conducting effective judicial review in other countries.

The events of 11 September 2001 have led to significant developments in international law with respect to combating terrorism by military and non-military action. The volume addresses the issues raised in a comprehensive manner. It comprises country-reports with analyses of the developments in a number of selected countries. Based on these country-reports the volume traces new developments in the definition of international terrorism, deals with the issue of human rights protection under new anti-terrorist legislation and examines the recent developments towards international military action against terrorism.

This edited volume offers a critical discussion of the trade-offs between transparency and secrecy in the actual political practice of democratic states in Europe. As such, it answers to a growing need to systematically analyse the problem of secrecy in governance in this political and geographical context. Focusing on topical cases and controversies in particular areas, the contributors reflect on the justification and limits of the use of secrecy in democratic governance, register the social, cultural, and historical factors that inform this process and explore the criteria used by European legislators and policy-makers, both at the national and supranational level, when balancing interests on the sides of transparency and secrecy, respectively. This book will be of key interest to scholars and students of security studies, political science, European politics/studies, law, history, political philosophy, public administration, intelligence studies, media and communication studies, and information technology sciences.