Abstract
One of the major principles of national security in every modern democratic state is the rule of law. This implies the definition of standards relating to vital state and national values, but also the existence of mechanisms and organizations which take care of security (the establishment, jurisdiction, tasks, powers, responsibility, and control thereof). This includes national law (constitution, laws and bylaws), but also international law (conventions, resolutions, charters, covenants, recommendations, court rulings, decisions of international courts, commissions, and arbitration bodies, etc.). Generally, in democracies, national law is based on international law. In this sense, it is possible to speak about international legal foundations of national security which set the framework for the proclamation, regulation and protection of state and national values and interests. In this context, the paper gives an overview of some major international sources of law pertaining to national security.
Highlights
When elaborating legal foundations of national security, the first question certainly concerns the origin of this concept, which directly correlates with its standardization, i.e., with the relevant legal regulation
As more and more legal subject matter pertains to the area of security, the new area of the co-called international security law will probably differentiate itself, whereas at the national levels there will be the area of national security law
Public law is frequently ousted by the right of the stronger and interpreted tendentiously, due to inappropriate control over international organisations
Summary
Saša Mijalković*1 Dušan Blagojević**2 Academy of Criminalistic and Police Studies, Belgrade Abstract: One of the major principles of national security in every modern democratic state is the rule of law This implies the definition of standards relating to vital state and national values, and the existence of mechanisms and organisations which take care of security (the establishment, jurisdiction, tasks, powers, responsibility, and control thereof). In democracies, national law is based on international law In this sense, it is possible to speak about international legal foundations of national security which set the framework for the proclamation, regulation and protection of state and national values and interests.
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