Security Interests Research Articles

Capitalizing Trademarks as Security: The Canadian Trademark Finance Perspective

Canada’s world-renowned banking sector is well- regulated, capitalized and one of the world’s most stable. It meets the essential pre-conditions for intellectual property (IP) finance methods such as a strong IP regime and a pool of firms with registered trademarks. In 2018 Canada launched its National IP Policy followed by certain IP finance initiatives led by the Canadian Business Development Bank (BDC) in 2019. However, it is not well understood how the Canadian Constitution structures economic relations. Certain longstanding federal and provincial issues remain to be addressed if trademark-backed finance is to become part of mainstream commercial lending in Canada. This article contributes to the nascent academic interdisciplinary trademark law and finance literature. An in-depth literature review highlights the existing gaps between the Canadian federal and provincial legal frameworks that govern security interests in trademarks, and market needs. The traditional legal research methodology evaluates the impact of relevant case law, public policies and law practice, adopting finance, economic and IP rights theory perspectives. A digital shared ledger system technology law solution is proposed to enhance registration of security interests with the aim of making trademark finance in Canada more effective and efficient. This article is foundational in the sense that it paves the way for recommendations for new policies with a view to normalising trademark-backed debt finance processes in Canada.

Elimination of Citizenship Status for Terrorism Convicts in Indonesia

The revocation of citizenship for terrorism convicts is a complex and controversial issue in Indonesia. The philosophical foundation for this action involves considerations of national security, the protection of human rights, and adherence to the principles of the rule of law. The revocation of citizenship for terrorism convicts is based on the interest of national security. The government believes that by stripping them of their citizenship, they lose access to resources and support that can be used to continue terrorist activities. This step is taken to reduce the threat to national security and society. However, the revocation of citizenship also raises questions regarding human rights. Basic rights of individuals, including the right to citizenship, are guaranteed by various human rights instruments adopted by Indonesia, such as the Universal Declaration of Human Rights and the Human Rights Law. The government's responsibility in protecting the citizenship rights of terrorism convicts encompasses several aspects. First, the government must ensure that the revocation of citizenship is based on valid and convincing evidence and carried out through a fair and transparent legal process. The government should also ensure that terrorism convicts who lose their citizenship still have access to humane treatment and rights guaranteed by international law. They should not become stateless or be deprived of basic rights necessary for a decent life. Overall, the revocation of citizenship for terrorism convicts in Indonesia involves complex considerations between national security and the protection of human rights. The government has a crucial responsibility to maintain a balance between these aspects, ensuring that actions taken are in accordance with the principles of the rule of law and do not violate fundamental rights.

The world of polycentrism: the role of values in major powers' competition

The Cold War was replaced by a post-bipolar world, which is morphing into polycentricity (multipolarity).In spite of the uncertainty regarding its final parameters and structural pillars, it is possible to assert that the current stage of international relations has two main features: selective deglobalisation and a new round of competition between major powers. Centrifugal forces in the 21st century have proved themselves stronger than the necessity of consolidation in the face of universal challenges: international terrorism, climate change, pandemics, etc. Apart from economic and political contradictions, opposite interpretations of national security interests, the sphere of competition of values has emerged and is going through a restructuring process. The task of this research is to determine if value narratives and accompanying ideologies are reasons or consequences of the escalation of tensions in the “Russia - USA - EU” triangle. The author compares the role of value antagonisms today with the periodof the Soviet-American clash of capitalism and socialism paradigms. The research shows that the resumption of geopolitical competition results not from the incompatibility of certain socio-economic models, but from a struggle for leadership in the system of global governance and regulation. In the course of this struggle, the value discourse, which in general has an objective foundation, is exposed with time to profound securitisation and geopolitisation, leading to the construction of antagonisms: “democracies - autocracies” and “pseudo-values - traditional values”. It is noted that the hypertrophied usage of the values' differences, with all their objectivity, can evolve from the function of cultural interaction to a self-perpetuating factor of interstate contradictions, which hinders adequate assessment of national and foreign resources and potential.

The Role of the United States as a Democracy Promoter: Impacts on Developing Countries

Abstract: In recent years, there has been a significant shift in the global landscape of democracy, particularly in developing countries. This has led to a re-evaluation of strategies for promoting democratic processes in different countries and has highlighted the role of the United States in this process. Thus, this paper examines this multi-level aspect by looking at how the U.S. contributes to promoting democratic values, especially in developing states. It also analyzes the pattern of U.S. democracy promotion, arguing that it has gone from the containment strategies as part of the Cold War era to the democratization activities of the post-Cold War period. From this, it can be inferred that democracy promotion is increasingly viewed as an instrument for augmenting national security interests, mostly as a result of 9/11, during which it was regarded as expanding the scope of the war on terror. Furthermore, it assesses the different types of democratic aid granted to the U.S., such as economic assistance, political training, cultural exchanges, and media freedom, whilst looking at their advantages and disadvantages, the infrastructures of developing countries. Through the South African and Iraqi case studies, U.S. initiatives in democracy promotion are thoroughly examined to obtain practical knowledge about their moral and pragmatic aspects. The U.S. should give democracy promotion primary importance by putting international cooperation above everything else, and also respecting national sovereignty, through which the sustainability of its democracy promotion initiatives will be guaranteed.

CANADA AND ECONOMIC SECURITY: THE WAY AHEAD

In August-September 2024, Global Affairs Canada held public consultations on “Potential New Measures to Advance and Defend Canada’s Economic Security Interests.” The inputs provided will help the Government of Canada update or develop approaches and measures that would advance Canada’s economic security interests. The following analysis and recommendations were submitted by the author in response to the call for expert views on the subject. The author argues that, in addition to public consultations, Canada still needs a strategic framework to think about national security, prosperity and economic security in a comprehensive, whole-of-governmet fashion and makes five specific recommendations. Canada should: 1. Develop, promulgate and implement a whole-of-government National Economic Security Strategy; 2. Undertake an in-depth intelligence-based all-source threat assessment of foreign economic threats to Canada, including an unclassified version for Canadians, prior to deciding on the measures to be taken in the National Economic Security Strategy to secure Canada’s economic security and prosperity; 3. Undertake a full cost analysis of the gains and losses to the Canadian economy and individual economic security from the applications of all the measures delineated in the National Economic Security Strategy; 4. Undertake an in-depth analysis of how allies and other states would respond to the implementation of a new National Economic Security Strategy (taking into account the best, worst and most likely outcomes) and develop options, to be included in the Strategy, to mitigate the risk of harmful outcomes; and 5. Consider developing a National Industrial Strategy and an International Trade Strategy alongside or as key components of the National Economic Security Strategy. Received: 09-24-2024 Revised: 10-25-2024

A Multi-objective Robust Scenario-based Stochastic Chance Constrained Programming Model for Sustainable Closed-loop Agri-food Supply Chain

The agri-food supply chain management plays a crucial role in ensuring the interests of supply chain components and food security in society. Additionally, due to the nature of agri-food products, sustainability dimensions have always been of concern to organizations engaged in this field. The importance of the timely and quality provision of agri-food products has doubled after the global crisis. Therefore, this study focuses on optimizing and analyzing the sustainable multi-objective closed-loop supply chain network for agri-food products, with a case study on the canned food under uncertainty. Strategic and operational decisions and other features are considered to achieve more accurate results. To address the various dimensions of sustainability, the problem is considered as a four-objective one, aiming to maximize the use of available production throughput for factories, maximize job opportunities created, minimize supply chain costs, and ultimately minimize unmet demands. The carbon cap and trade mechanism is used to control greenhouse gas emissions in the supply chain network. A robust scenario-based stochastic chance constrained programming approach is employed to deal with the uncertainty, and also validation is performed using various criteria. Moreover, an augmented ε-constraint optimization approach is used to solve the multi-objective problem and achieve Pareto optimal solutions. Finally, sensitivity analysis is employed to prepare for potential changes in some problem parameters.

An Optimization Approach for Biosurveillance in Wastewater Networks

Biosurveillance is the ongoing systematic collection, analysis, and interpretation of biospheric data essential to planning, implementing, and evaluating national security interests. Biosurveillance efforts often focus on disease activity and threats to human, animal, or plant health to improve situational awareness of and early warnings of disease emergence or activity. Wastewater-based epidemiology (WBE) is an important subdomain of biosurveillance that monitors the consumption of, or exposure to, chemicals and pathogens at the community/population level. However, ecological, environmental, economic, cultural, and political variability yields an asymmetric landscape of threats, subsequent exposure(s), and community burden. This work presents an exact approach based on mixed-integer programming to optimize sensor placement in a wastewater network. The primary goal is to maximize the amount of information captured from the network while narrowing down the potential geographical sources of chemical or biological markers (i.e., signals). We use the wastewater systems of Los Angeles (US) and Regina (CAN) to demonstrate the scalability of our approach in realistic scenarios and how it can enhance stakeholders’ ability to identify emerging threats or assess the effectiveness of strategic interventions post-deployment.

Erdoğan’s Asian Turkey: domestic authoritarianism or the requirements of the international transitional order

ABSTRACT This article examines the dimensions and rationale for Turkey’s focus on Asia during the Erdoğan era. It argues that Turkey’s shift toward Asia is influenced by two key motivations: the emergence of Asia in the transitional international order and the success of Asian political and economic governance models as a development paradigm. The research findings indicate that Asia’s rise as a power axis in the global order attracts Turkey, a middle power, for its own security and economic interests. Additionally, the success of Asian models of economic and political governance in the development path encourages the ruling AKP in Turkey to strengthen its domestic power by aligning with these models, thus moving toward structural and value-based ties with Asia. Furthermore, by representing Asia as an alternative for modernization and good governance in the contemporary world, Turkey seeks to engage in the reproduction of its Asian identity.

State audit of the agro-industrial complex: world and domestic experience

Annotation. Effective management of state budget funds is the basis of economic stability, necessary economic growth and improvement of the welfare of the population, protection of the interests of national security of the state. The budgetary funds allocated for the development of the agro-industrial complex in the Republic of Kazakhstan are significant, and an independent assessment of the effectiveness of their use is one of the main goals of the state audit and financial control bodies. The solution of these problems, that is, in turn, shows the need to improve the order and procedures for organizing and conducting inspections of the effectiveness of the use of budgetary funds aimed at the development of agriculture, which, in turn, allows us to assess their effectiveness. Thus, the relevance of the study lies in the effectiveness of the state audit in the field of agro-industrial complex, with an assessment of the socio-economic effect of budget allocation. The purpose of the study is to study the global practice of conducting state audit in the field of agro-industrial complex. Research methods - during the research, the authors used methods of synthesis, comparative analysis, comparison and generalization. Based on the results of the study, conclusions were drawn aimed at improving the system of state audit in the field of agro-industrial complex.

Interpretation of the Norms of Criminal Jurisdiction Objects under the Hong Kong National Security Law

The Hong Kong National Security Law specifies the specific targets of sanctions, and the legislative content of the law on criminal jurisdiction objects clarifies the scope of behaviors protected and prohibited by law. Chapter 3 of the Hong Kong National Security Law specifies four types of crimes that endanger national security, including the crimes of secession, subversion of state power, terrorist activities, and collusion with foreign or overseas forces to endanger national security. From the perspective of legal interpretation, by grasping the dual elements of criminal intent and criminal behavior, the specific composition of the criminal jurisdiction objects stipulated in the law is clarified, revealing the particularity and strictness of the Hong Kong National Security Law in safeguarding national security. The normative interpretation of the specific criminal jurisdiction objects of this law can clearly stipulate the constituent elements of specific criminal acts, provide strong guidance for the effective jurisdiction of crimes that endanger national security in the Hong Kong Special Administrative Region, strengthen the prevention and crackdown on acts that endanger national security, and effectively safeguard national sovereignty, security, and development interests.

Suudi Arabistan'ın Spor Diplomasisi: Bir Ülkenin Uluslararası İmaj Dönüşümünün Kavramsal Arka Planı

This article contributes to the rapidly expanding academic literature on sports and politics over the past two decades by examining the case of Saudi Arabia. It discusses the policy of King Selman of Saudi Arabia, which aims to rebuild the country's international image through sports diplomacy, and the strategic gains targeted by this approach. The central argument of the article is that, in a conflict-prone region and with an economy still heavily reliant on oil revenues, sports diplomacy helps Saudi Arabia reshape its image in the West. This, in turn, enables the country to align global actors with its economic and security interests while promoting its own alignment with those actors’ agendas. As Saudi Arabia seeks to establish strategic partnerships with the West, it uses sports diplomacy to mitigate normative mismatches with the centers of global power while simultaneously becoming a power actor itself by providing significant economic benefits to Western stakeholders through its investments. Domestically, the government leverages the hosting of major sports events to offer citizens broader entertainment options as a means of consumer engagement, while also boosting its popularity among the population. By fostering pride in Saudi Arabia’s emergence as a global power player, the leadership strengthens its public support. Key words: spor diplomacy, international politics, reconstruction of image, Saudi Arabia, Vision 2030 Jell Codes: A14, R5, O53

Progress and Regress in the Interpretation of the Concept of Essential Security Interests in International and Regional Courts

Abstract This article explores the concept of ‘essential security interests’ (esi) within the framework of international and regional law, specifically focusing on its historical evolution and current interpretations. The esi exception, which allows states to prioritize their security concerns over international obligations, has gained increased relevance since the turn of the millennium. This study provides a detailed analysis of how the International Court of Justice (icj) and the European Court of Justice (ecj) interpret esi clauses, highlighting the convergence and divergence between international and regional jurisprudence. By examining both self-judging and non-self-judging esi clauses, the article assesses their reviewability and the implications for legal consistency and state sovereignty. The analysis aims to clarify the practical application of esi exceptions and offer insights into potential areas for improvement in their judicial review.

When does China go to war? Explaining China’s Covid19-driven perceived vulnerability in 2020

ABSTRACT This paper argues that China intruded at multiple points along the LAC in May 2020 to showcase strength amidst the COVID-19 pandemic which is believed to have originated in Wuhan. COVID-19 led to large scale deaths and a global economic meltdown with Beijing severely criticized for the emergence of COVID-19 pandemic, poor regulation of the animal markets, suppressing information and failure to prevent the spread of COVID-19 beyond China’s borders. This caused immense damage to China’s international reputation and status, its economy, and relations with other countries. Border incursions by China in May 2020 were a guise to highlight China’s strength lest India consider China in a weakened state and gain leverage over Beijing in the bilateral relationship. Through border incursions, Beijing wanted to mask its vulnerability created by COVID-19 and showcase its willingness to not compromise over its security interests. China is both powerful and insecure about its status. This combination makes it undertake a particularly pessimistic security-centric outlook and more likely to engage in risky behavior. Like in the previous instances, the use of military force against India in the year 2020 stemmed from a sense of vulnerability caused by loss of status due to Covid19.

Strategic Localization for Ukraine's Defense Industry

Purpose: to evaluate the options for strategic localization for the defence industrial sector of Ukraine and to provide practical recommendations for the implementation of the policy. Method: comparative analysis, synthesis, and case studies. Findings: Rebuilding Ukraine’s degraded defence industry is vital for its long-term security and strategic interests, and a robust Ukrainian defence industry supports partner nation security interests as well. While continued foreign assistance remains essential in the short term, Ukraine needs to progressively localize repair, assembly, and repair capabilities for its most critical military equipment. Theoretical implications: The paper enhances our understanding of key concepts relating to the contributions of the local defence industry to the security of Ukraine, and how those industries can be developed to support the capabilities of the Armed Forces of Ukraine. The Russia-Ukraine war serves as a contemporary case study to explore these theories in practice. The paper provides new insights for understanding the practical application of the policy of localization. Value: Examining the practical implications of the policy of localization in Ukraine’s defence industry in the context of the Russia-Ukraine war involves understanding how these theories translate into real-world recommendations, both for Ukraine and for its international partners. that can contribute to the development and sustainment of Ukraine’s military capabilities. Research limitations: The classification of much information relating to Ukraine’s defence industry and defence capabilities, along with the contributions of international partners, forms a limitation on the scope and depth of the study.

The promise of AUKUS: implications of its minilateral institutional form

ABSTRACT Much ink has been spilt over AUKUS, the new trilateral security partnership between Australia, the United Kingdom, and the United States in the Indo-Pacific, since its announcement in September 2021. In this article, we propose to examine AUKUS through the broader lens of its institutional form: a minilateral grouping. Using its institutional form as a basis for analysis allows us to move beyond particularistic analysis that is narrowly focused on specific aspects of the agreement such as the nuclear-powered submarines. We identify key benefits – efficiency and flexibility – and costs – political fragility and exclusion – of the minilateral institutional form generally, and then apply those benefits and costs to the case of AUKUS to examine to what extent the grouping may be able to contribute to the security interests of its three partners, as well as further peace and stability within the Indo-Pacific region. We find evidence for all four of these costs and benefits in the case of AUKUS. Of particular note is our finding that the risk of exclusiveness can generate resentment among allies and partners as well as adversaries, exemplified by the case of France.

Controlling Nuclear Arms in a Multipolar World

Sixty years of nuclear-arms-control efforts have been successful in many respects, with one notable exception: it has proven difficult to transition from a bilateral (US–Soviet Union/Russia) to a multilateral format in seeking to limit and reduce existing nuclear weapons. This is principally because of a mistaken approach to multilateral disarmament that does not take into account the nature of multilateral deterrence among nuclear states. Yet a transition to a multilateral format is becoming an indispensable condition for the rescue of the non-proliferation and disarmament system in the emerging polycentric world order. Assuming that the Russia–Ukraine war can first be settled, a new approach to multilateral arms control is needed that takes into account the security interests of all the participating states.

Social media as an emerging threat to national security

This paper explores in depth the growing impact of social media on national security across the globe while highlighting the risks posed by the rapid dissemination of information, the organization of unauthorized protests, and the spread of disinformation. It has been demonstrated that social media platforms such as Facebook, Twitter, Telegram and TikTok have been utilized by various actors, including activists, radical groups, and foreign states, in order to influence public opinion, incite violence, and destabilize governments. A comparative analysis of global events like the Arab Spring, the 2016 U.S. elections, Hamas attack against Israel, and protests in Hong Kong demonstrates how such platforms can serve dual purposes: fostering democratic values while simultaneously being exploited to undermine national stability. The research also addresses the specific issue of separatism, where social media is used to disseminate ideologies that threaten territorial integrity and constitutional order. The proposed study also examines the potential of cyberattacks coordinated via social media, thus highlighting the vulnerability of state institutions and critical infrastructure. The research concludes by stressing the urgent need for a balanced regulation of social media, offering insights into international legal frameworks, enhanced cybersecurity measures, and also various challenges in maintaining both freedom of expression and national security. An elaborated set of research methods (comparative, historical, method of systemic analyses) has been actively used in the course of this research, thus enabling the authors to combine theoretical observations with comprehensive data analyses. Existing legislative approaches to regulating social media in the context of protecting national security interests in various jurisdictions, including Israel, China, Pakistan, the United States, and Ukraine, have been covered in the paper.

A Legal Examination of Stabilization Clauses in Petroleum Contracts in Cameroon

This study aims to explore the legal examination of stabilization clauses in petroleum contracts in Cameroon. Stabilization clauses forms one of the pillars in protecting the interest of foreign investors in petroleum contractual arrangements. These clauses act as a shield to investors as they protect oil companies from the modification attempts in the agreement by host countries by subsequent legislative changes. Their legal validity in the Cameroonian petroleum industry has been guaranteed by the Petroleum Law of the country. However, the findings of this research reveals that the applicability of these clauses remains questionable as the Cameroonian government can implement nationalization and expropriation based on public utility, security or national interest, with suitable compensation. Furthermore, the Cameroonian government can introduce new legislative or regulatory changes in the petroleum contracts, the terms of which must be agreed by both sides and if an agreement is not reached, the matter can be resolved through arbitration.

Частные военные компании как инструмент продвижения геополитических интересов

Private military companies (PMCs) are increasingly becoming the focus of various mass media outlets today, whereas 20–30 years ago they were perceived as something exotic. The disclosure of such entities’ activities has led to the formation of an entire segment of opinions-ranging from their omnipotence to a fashionable trend that holds little interest for the public. However, the emergence of geopolitical issues, the escalation of global tensions, and the active engagement of PMCs cannot be seen as coincidental. Furthermore, these entities themselves are not homogeneous; they perform a wide range of tasks and services, allowing for classification based on the sphere and geography of their activities. Particularly noteworthy is the role of PMCs in promoting the geopolitical and economic interests of states and transnational corporations. In this context, it is crucial to examine the reasons states opt to utilize such structures in place of conventional national military formations, as well as the future prospects for businesses seeking their services. As globalization accelerates, the intertwining of business and security interests becomes more pronounced, leading to a scenario where PMCs serve as facilitators for resource extraction and protection in volatile regions. This interplay raises questions regarding accountability, legality, and the ethical implications of employing private entities for missions traditionally held by state actors. In conclusion, the augmentation of PMCs in modern geopolitical landscapes presents a complex and multifaceted issue. Their growing prominence as instruments for advancing national and corporate interests warrants further investigation, as it bears significant implications for international relations, security policies, and the ethical considerations surrounding the privatization of military force.

Rules of the Cape Town Convention on International Interests in Mobile Equipment and Fundamental Principles of Private Law: pro et contra .

Registration of an international interest under the rules of the Cape Town Convention is aimed at establishing priority for such an interest in relation to all third parties, but it does not constitute the basis for the occurrence of the corresponding security obligation. The purpose of registering an international interest is to notify third parties of title or encumbrance. The debtor is a party to the relevant security agreement. If the creditor does not register his security interest (guarantee), the debtor cannot deny its existence or act without taking into account the creditor’s rights under such a guarantee. Competition on the priority of security rights in relation to the same property cannot arise between the debtor and the creditor. The debtor cannot deny that the creditor has rights under the security agreement. The study states that the rules of the Cape Town Convention on priorities are not subject to unconditional application. When considering a dispute over security rights to property, the court should be guided not only by the provisions of the Cape Town Convention on Priorities, but also by the fundamental principles and norms of national law (applicable law). Fundamental principles of civil law cannot be abrogated by Cape Town Convention rules.