National Legal Orders Research Articles

The Principle of Legality of Taxation as a General Principle of EU Law: National and Supranational Differences of Interpretation and Potential Difficulties

The principle of legality of taxation has gained a supranational status by means of its transplantation out of the national setting to a general principle of EU law by the Court of Justice of the European Union (CJEU). In this article the two cases in which the Court has given a first supranational interpretation of the principle are discussed, as well as the Research Note the Court published before rendering its judgment in these two cases. This European translation contains an uncertainty as to the representative democratic elements of the principle that are closely connected to its historical development in several national legal contexts of Member States. With the European principle being rooted in the national legal orders of the Member States, this current discrepancy stands at odds with the material scope in several Member States, which ascribes clear democratic elements to the principle. Thus, the main question addressed after taking a look at the national interpretations and the representative democratic elements contained therein in the Netherlands, France, Italy and Germany, is if the omission of these democratic elements can prove to become an obstacle for future harmonization or integration in taxation. The focus will lie on the current mode of norm-creation in above-state settings and the creation of ‘genuine’ own resources for the EU. principle of legality of taxation, legal transplantation, deliberative democracy, constitutionalism

Pairing EU directives and their national implementing measures: A dataset for semantic search

European Directives (EUDs) are binding upon Member States as to the results to be achieved, but leave to national authorities the choice of form and methods. Therefore, Member States adopt ad hoc National Implementing Measures (NIMs) that mostly reproduce the contents of EUDs and transpose them into domestic legislation. This well-known process is defined as “legal harmonization” and consists of the gradual, although ambiguous, approximation of national legal orders as a result of the adoption of European legislation. In order to contribute to the analysis of this phenomenon, we collect a large and unique dataset composed of European and domestic legislative sources, which is an essential requirement to automatically pair EUDs and the corresponding NIMs, in light of their semantic similarity. The first results show the feasibility of the proposed task to discern NIMs from national legislation that does not contribute to implementing EUDs, thus constituting the foundation for a semantic search engine. We believe that our effort can promote future applications and research directions, with the ultimate aim to support traditional legal methodology, facilitate citizens’ access to rights, support public administrations, and, more in general, promote democracy and the rule of law in the European Union. Data and source code are available at https://doi.org/10.17632/mkx5sb3mnw.

Justice as a fundamental principle of the constitution as a social contract

The article examines the issue of the relation between the idea of a social contract and the constitution. It is argued that the constitution is a formalization of the social contract adopted in society. The interrelation of philosophical ideas of good and justice with the ideas of constitutionalism is considered. In the context of international legal order, the ideas of constitutionalism, good and justice is revealed in the context of international space law. The main example for this is the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.Modern challenges to the international legal order and international law, which are connected with the full-scale invasion of the Russian Federation into Ukraine, which began on February 24, 2022, lead not only to rethinking the concept of collective security but also to the restructuring of national legal orders, which were the result of a social contract in each a separate state. Moreover, acquisition by states in the 17th-century subjectivity led to their creation of a regional, and then in the 20th century. - international legal order. In a certain sense, the legal order created and agreed upon by them is a certain social contract, the subjects of which, in contrast to the classical understanding of the concept of a social contract, are states, not people. Therefore, Russian aggression against Ukraine, both existentially and in international legal terms, should be considered as an attempt by the aggressor state in an uncivilized way to revise or even break the social contract "agreed upon" by the states.Against this background, the formation of a new legal culture (especially for Ukrainian society) requires the state, society, and every individual to rethink the system of values and those life-leading ideals that guided these subjects in their actions, to achieve what they built their strategies. As Friedrich Hayek noted, for the formation of a common order, it is necessary that in known situations everyone follows certain rules, that is, that everyone's actions do not go beyond a certain range of behavior. Therefore, both for social theory and for social policy, the question of what properties the rules should have so that individual actions of individuals generate a general order is of crucial importance. Some of these rules will be obeyed by all members of society due to the same understanding of the requirements of the situation. Others will follow spontaneously because they are part of their general cultural tradition. But there will be such rules that will have to be imposed, because although it will be profitable for everyone to ignore them, the general order, on which the success of actions depends, will arise only if these rules are followed.

О формировании концепции применения зачета встречных однородных требований в делах о банкротстве граждан

The article is devoted to the analysis of approaches to the use of offset as a way to terminate counter homogeneous monetary obligations between the debtor and his creditors in the period preceding bankruptcy and during the bankruptcy period. A classification of the system of prohibitions on the use of set-off in cases of bankruptcy of organisations and citizens was made. Models of prohibition are distinguished: unconditional prohibition; conditional ban; temporary ban. A comparative characteristic of the permission and prohibitions of unilateral counter monetary obligations of debtors and their creditors in cases of bankruptcy and citizens has been made. The conclusion is made about the erroneous distribution of the rules for applying the set-off formulated on the example of the bankruptcy of organisations, in relation to the set-off in cases of bankruptcy of citizens. The author substantiates the need for the national legal order in the formation of a separate concept of applying the set-off of homogeneous counterclaims in cases of bankruptcy of citizens in relation to situations where there is one or more persons in the register of creditors’ claims. The defectiveness of the application of a total prohibition of set-off after the court has initiated a case on the bankruptcy of a citizen is substantiated.

Internet law and cybersecurity of the PRC

The history of the emergence and subsequent cross-border evolution of Internet law around the world is, in a sense, paradoxical. The creators of the first version of the Internet as a national security information system hardly imagined that the legal regulation of the Internet, primarily in Western Europe, would fall under the influence of the Romano-Germanic legal system. We are talking about the basic division of the national legal order for continental Europe into public law (jus publicum) and private law (jus privatum). Accordingly, cybersecurity and other public needs of the Internet in continental Europe have become the subject of public Internet law. On the contrary, the specifics and protection of the individual rights of users and entrepreneurs in the Internet space have become the subject of regulation of private Internet law. In the context of such differentiation of the Internet space, the experience of the PRC is of particular interest, where the ratio of public need and private interest, due to the specifics of Chinese civilization, cannot be interpreted in the spirit of Western European dualism.

Dworkin’s interpretivism, legal monism, and the threat of ‘authoritarian’ international law

ABSTRACT Dworkin’s philosophy of international law is distinct from other theories because it rejects five separations: a separability between international law and national legal orders, a separability between law and morality, a separability in the sources of political legitimacy of a state’s government and of international law, a separability between the concepts of law and the rule of law, and a separability between theory and practice. This paper argues that the rejection of these assumptions makes Dworkin’s legal monism well equipped to respond to a recent threat to the authority of international law, namely the practice described by Ginsburg as an ‘authoritarian use’ of international law. ‘Authoritarian’ international law disavowals some inferentially articulated commitments that are an important aspect of the rationality of law. Dworkin’s monism enhances the intellectual attitude required by these commitments and resists some fragmentations that provide occasions and opportunities for authoritarian international law.

Integrative legal order regarding n the application of financial provisions of law

Purpose. The purpose of the article is to reveal the essence of the integration dimension of the exercise of discretion when applying the financial provisions of law. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge have been used during the research: logical-semantic, functional, system-structural, formal-legal, comparative-legal. Results. It has been determined that the integration legal order regarding discretion when applying the financial provisions of law is an interstate integrated system-superstructure of supranational principles, norms and institutions, which are formed through the interaction of national legal orders and have an organizational orientation of the tools for their implementation. Originality. In the context of the integration legal order, the mechanism of exercising discretion when applying the financial provisions of law has been established as functional elements, legal relations and tools that determine and limit the rules of behaviour of law enforcers in order to achieve the goals and objectives of the rule of law, ensuring the lawful behaviour of subjects and the balance of public and private interests when making a choice between alternatives and making a legitimate and optimal decision. A promising direction of the development of such a system is the practical implementation of the concept of logical formalization of the institution of such discretion regarding the typical order (algorithm) of observing the limits of discretion: how and on the basis of which factors discretion is to be exercised, criteria and sequence of analysis; comparison of facts with the rule of law to find coincidences; evaluations according to criteria, interpretation, justification; formation of conclusions; optional indication of similar legal positions; finalizing what decision to make within discretion. Practical significance. The results of the research could be used in law-making and law-enforcement activities to establish the limits of discretion when applying the financial provisions of law.

ANALYSIS OF THE PHENOMENA OF THE MASS JUDGMENT FROM A LEGAL SOCIOLOGICAL POINT OF VIEW

The act of taking the law into your own hands (eigenrichting) is a disgraceful act and also violates the laws in force in Indonesia. Vigilante is referred to from the Dutch language, namely "Eigenrechting" which means how to take the law by yourself, take rights without regard to the law, without being known by the government and without using the tools of government power. Facts on the ground show that there are vigilante acts that almost always occur at the same time as a number of other individual rights are violated. For this reason, the state prohibits vigilante action because it is contrary to applicable law. Taking the law into your own hands is also an indicator indicating a low level of legal awareness in society. This paper aims to provide an overview of vigilantism (Eigenrechting) and to explain the phenomenon of mass judgment from the perspective of the sociology of law. This study applies normative legal research using approaches that include the Case Approach, Legislation Approach and Legal Concept Analysis Approach. Based on the analysis carried out, it can be seen that vigilante acts are triggered by emotional factors towards law enforcers and suspected criminals. On the other hand, perpetrators of taking the law into their own hands can be subject to criminal penalties in accordance with Article 351 of the Criminal Code and Article 261 of Law no. 1 of 2023. The act of taking the law into your own hands according to the national legal order violates the principle of the presumption of innocence so that a determination regarding whether an individual is guilty or not must go through a legal process first, this is because there is a chance that he is not guilty but becomes a victim of taking the law into his own hands.

Intangible Cultural Heritage and Intellectual Property Protection as Two Sides of the Same Human Rights Coin: Memoryscapes and Traditional Boatbuilding in Estonia

ABSTRACT This article focuses on the interaction between intangible heritage (ICH) and intellectual property (IP) as human rights in the context of cultural heritage protection. Rights constitute a core of any regulatory model; ICH and IP are each defined as human rights in numerous human rights conventions. Here, we explore how to integrate ICH into national legal orders and use IP to support the objectives of ICH protection. Our analysis relies on two case studies of the protection of intangible heritage in Estonia: the Lahemaa Memoryscapes project, which highlights collective and individual IP rights in the context of folklore, and traditional wooden boatbuilding in Estonia, which involves traditional knowledge, copyright, and industrial property rights problems. These two case studies reveal the elusive character of intangible heritage and heritage communities as rightsholders. We also use examples of other Estonian heritage projects, showing why IP and ICH mechanisms enable heritage communities to implement their human rights and build IP competencies with a special focus on ICH protection. We conceptualise human rights as practical tools to improve everyday life rather than as theoretical concepts.

МІЖНАРОДНО-ПРАВОВЕ РЕГУЛЮВАННЯ ЗАБЕЗПЕЧЕННЯ ІНФОРМАЦІЙНОЇ БЕЗПЕКИ В РАМКАХ ООН

As a result of the active implementation of digital technologies in all spheres of social life, both international and national legal mechanisms aiming at ensuring the support for the security of the information space stand out in the foreground. The existing legal mechanisms provide for the improvement and harmonization of the legal framework in the field of information security at the national and international levels. In this context, the idea of digital sovereignty determines the use of legal mechanisms that ensure the protection of information security. Due to this faction, a comprehensive study of the general patterns of functioning and development of international legal mechanisms for ensuring information security within the framework of the UN is particularly appropriate, relevant and requires a detailed analysis. The article addresses the analysis and study of UN legal mechanisms in the field of ensuring information security. The purpose of the scientific work is a comprehensive study of the general patterns of functioning and development of international legal mechanisms for ensuring information security within the framework of the UN and the development of scientifically based proposals and recommendations regarding the effective operation of these mechanisms in international and national legal orders (legal systems). The methodological basis of scientific research is general scientific and special legal methods. In particular, a systematic approach, a generalization method, and a systematic analysis were used in the process of scientific research. In the course of the study, there were analyzed: the peculiarities of the functioning of the institutional and legal mechanism of information protection within the framework of UN coordination in the context of the multi-vector system of international security and legal regulation of international cooperation. The article substantiates the expediency of developing an integrated, coordinated information policy of international organizations and institutions with the aim of unifying approaches to ensuring information security. Also, the work summarizes the main problems arising in the international legal regulation of the fight in the field of ensuring information security, and the main threats to international peace and security in the information space, and suggests as well ways to solve them. In this context, the work summarizes the principles of international information security, highlights the main trends in the development of cyber threats in the modern information space and measures necessary for their neutralization. The article analyzes the peculiarities of the functioning of the institutional and legal mechanism of cyber protection in the context of the legislative regulation of international cooperation between international organizations and institutions. In particular, an analysis of the main mechanisms of legal support for cyber protection of the information space was carried out with the aim of their integration into a unified international system of the legal information field. As a result of the study, recommendations were formed. In the field of ensuring information security at the national and international levels, it is necessary to continue and expand activities to create conditions for the formation of an international information security system based on generally recognized principles and norms of international law. In particular, at the UN level, it is necessary to prepare and adopt international legal acts regulating the application of the principles and norms of international law in the field of the use of information and communication technologies. Since there is no single global act that regulates the procedure for combating information threats, in this context, the task of developing the UN Convention on International Information Security is very important. The document should: identify the main threats to international peace and security in the information space; determine the main principles of ensuring international information security; prescribe in detail the principles of international cooperation in the fight against crimes in the information sphere; determine effective and efficient mechanisms of legal responsibility in the information space up to the creation of a special international body for the investigation of crimes in the information sphere.

Comparison of the Protection of Critical Healthcare Infrastructures in Germany and Hungary

In 2008, the European Union regulated the basics of the protection of critical infrastructures in a directive. The Member States therefore had to ensure that – in addition to the freedom of the method and means of implementation – the provisions of the directive were transposed into their national legal order. Accordingly, some Member States may define different detailed rules. The detailed rules related to the protection of critical infrastructures (e.g. the designation thresholds) are not public in several Member States, but in Germany and Hungary they have been recorded at the legislative level. In my study, I compare the rules related to the protection of critical healthcare infrastructures, including inpatient care institutions, primarily based on legal sources and the experiences of my study tour in Germany, from the selection criteria system to crisis planning. The good practices resulting from the differences and similarities to be discovered can help to revise and standardise the rules and practices related to the protection of critical health infrastructures.

Miejsce prawa do Internetu w krajowych porządkach prawnych

The information revolution, and the associated rapid development of technology, led to significant social changes. Currently every aspect of our life depends on access to the Internet. The conceptualization of the right to the Internet is a consequence of these changes and is an important element of the contemporary concept of the status of the individual. Many countries have started to implement it into their legal systems. The paper separates and assesses individual strategies of adopting this law. The research aim of the article is to answer the question: does the right to the Internet require direct introduction to the constitutional order of the state. The effect of the considerations is to define the desired place of the Internet right in the national legal order.

Harmonisation of the Powers of NCAs in EU Member States. A Few Remarks on the Basis of the Experience of the Czech Republic and Poland After the Deadline for Transposition of the ECN+ Directive Has Passed

This article critically discusses how legal frameworks in the Czech Republic and Poland correspond to the requirements of ECN+ Directive with regard to the powers of NCAs. For that purpose, the authors analyse the obligations of EU Member States – within this scope – under this directive, as well as legal frameworks in the Czech Republic and Poland. Subsequently, the article compares the manner of regulating these issues in the national legal orders of these countries to the standard required by ECN+ Directive. The aim of this publication is to verify whether, and how, these two EU Member States meet those requirements, and to determine any potential differences in the approach taken by legislators in these EU Member States.

Binding solutions in the penality system in the related institutions in the context Anti -money laundering directive

Money laundering is and certainly will be the subject of many studies in which this concept is presented in criminological and forensic terms - examples of studies: E. Pływaczewski, Money Laundering. Possibilities of counteraction taking into account the role of the banking system, Toruń 1993; J.W. Wójcik, Counteracting Money Laundering, Kraków 2004; J. Grzywacz, Money Laundering, Warsaw 2011; W.C. Gilmore, Dirty Money: Methods of Counteracting Money Laundering, Warsaw 1999; W. Jasiński, Money Laundering, Warsaw 1999. An extremely important legal aspect cannot be overlooked, due to the negative effects that this practice has in the economic area, by introducing values from illegal sources into it. Therefore, it is understandable that normative acts are being developed in international, global and national forums in order to develop appropriate mechanisms that will ensure the most effective protection against this practice. At the same time, it should be noted that to a large extent the latter legal regulations are based on EU regulations. This is dictated by the fact that EU directives are a kind of signpost for EU countries, because when creating national legal acts, they should take into account the aspects contained in these directives in the field of anti-money laundering. The aim of this article is to answer the research problems posed: How the provisions of Polish legislation in the field of counteracting money laundering were shaped. How do statutory provisions differ from EU regulations? How can statutory provisions affect the different regulation of the system of combating money laundering? How the solutions of the EU directive were transposed into the national legal order? The formulation of research problems made it possible to generate the main objective of the research, which is to assess the transposition of the solutions of the EU directive into the national legal order and its impact on the regulation of the money laundering system. In addition, the subject issue was presented, in particular in terms of the practical application of the provisions of the Act of 1 March 2018 on counteracting money laundering and terrorist financing by obliged institutions and the issue of adapting national provisions to EU regulations, including primarily in relation to the IV, V and VI AML Directives. As part of the research, the formal and dogmatic method was used, as part of which national and EU legal acts relating to the studied issues were analyzed. In addition, as part of the participatory observation, experience from participation in the implementations of the solutions described in the article was pointed out and on their basis a research hypothesis was formulated: Errors in transposing the solutions of the EU directive into the national legal order caused differences in Polish regulations, which causes different regulations of the money laundering system. Before starting the analysis of legal solutions in this area, a very simplified introduction to the subject of money laundering, its definition and methods and techniques of money laundering was made. This was indispensable due to the scale of this practice, both on a global, international and national scale. The analysis of the provisions of the AML Act gave rise to the conclusion that changes in this area are inevitable, because it is justified by the implementation of directives in this field into the national legal system. In Poland, the implementation of requirements resulting from EU regulations does not always take place in accordance with the deadlines set by the EU. Such an example may be the situation that the implementation of Directive V was to take place by 10.01.2020, and Poland made this implementation only on 30.03.2021 – then the President of the Republic of Poland signed the Act amending the Act on Counteracting Money Laundering and Terrorist Financing and some other acts. Keywords: money laundering, EU directive, risk assessment, obliged institutions, legal regulations, methods of counteraction, economic crime, procedures and control measures.

Data-sharing as a quid pro quo of co-regulation in the EU

The paper focuses on the defining of the co-regulation of national and supranational legal regimes’ features of data-sharing in the digital platforms’ functioning on the example of the EU’s practice with a special attention to the disintegration process of Brexit. Data-sharing is one of the most appropriate spheres to demonstrate specific traits of digital platforms — the cross-border character of their operation. This demands quid pro quo interaction of the national and supranational regulatory regimes, filling the gap associated with the lack of international regulation and the inability to harmonize law. We begin with the theoretical characterization of information and personal data, the right to privacy, and classifications of interventions in private life. The EU has been chosen as an example, acting as a flagship of interaction of national and supranational legal orders in relation to the co-regulation of cross-border data-sharing in digital platforms. Interaction of the EU on the principle of quid pro quo, based on the practice of making decisions on adequacy, is considered in the context of Brexit and the relevant law-making practice of the UK. The discussion is complemented by examples of similar EU relations with South Korea and the United States. Based on the analysis, the authors conclude that the EU supranational legal order has a high degree of influence on the national legislation of third countries, which contributes to the constant development of regulation in the sphere and the strengthening of international integration.

Wykorzystanie dyrektywy jako „tarczy”, a nie jako „miecza” w relacjach horyzontalnych. Czy w świetle wyroku Trybunału Sprawiedliwości z dnia 18 stycznia 2022 r. w sprawie C-261/20 Thelen Technopark Berlin GmbH v MN ta koncepcja w ogóle ma sens?

This study of a scientific and research nature concerns one of the general principles of EU law, namely the principle of direct applicability. The publication contributes to a long-standing discussion on the direct effect of directives as secondary EU legislation. The main objective of the paper is to present the application of directives in the context of horizontal relations. This problem is of fundamental importance for explaining the mechanisms of direct application of the directives that have not been properly implemented in the national legal orders. Although in previous case law the Court of Justice had essentially opted against the concept of direct horizontal effect of directives, the issue in question, for its complexity, was again examined in one of the most recent preliminary rulings, case C-261/20 Thelen Technopark . Referring to that judgment, the author analyses the possibility of using a directive as a “shield” in the judicial application of law with an aim to eliminate a national law provision inconsistent with the directive from the rationale of the judicial decision. In particular, it concerns the possibility for directives to act in horizontal relations in such a manner that boils down to excluding the application of a provision of national law which is incompatible with it. The question of the possible use of directives as a “shield” is also examined from a slightly different perspective, namely from the point of view of the individual and the possibility to invoke a directive by the individual in the main proceedings where another individual wishes to cause an obligation be imposed on the former under the national law inconsistent with the directive. This problem, as can be argued, is ultimately resolved by the Court of Justice in case C-261/20 Thelen Technopark , which states that a national court hearing a dispute between individuals over a claim based on a national provision contrary to a directive is not required to disapply that provision solely on the basis of EU law.

BRIEF CONSIDERATIONS REGARDING THE SUPREMACY OF THE UNION REGULATION IN RELATION TO NATIONAL ACTS

The European Union is an international integration organization in the sense that we constantly retain requests from some European states for accession. The EU is not an international organization in the classical sense, departing significantly from the terminology established by international law. So, we are in the presence of an autonomous governance, with individual rights and powers. In this sense, the member states have given up part of their legislative sovereignty in favour of the Union in order to jointly exercise the prerogatives deriving from this transfer. Also, the European Union is based on sources of law that give rise to a legal system distinct from the systems of the member states, characterized by its supremacy in relation to the latter.
 The present study aims to address the issue of the supremacy of the Union law system, in relation to the national law, with special reference to the supremacy of the main source derived from the Union, the regulation, in relation to the sources of the national legal order.

KONTRIBUSI SISTEM CIVIL LAW (EROPA KONTINENTAL) TERHADAP PERKEMBANGAN SISTEM HUKUM DI INDONESIA

The legal system is a set of regulations, including commands, restrictions, and permissibility. The Civil Law System and the Anglo-Saxon System are the two legal systems now in use in the world. As a legacy of the Dutch colonial authority, Indonesia follows the Civil Law system, or Continental Europe. A normative legal research methodology using secondary data types was used. The Civil Law system, which emerged in countries in Mainland Europe and was codified from Ancient Roman Law, is the subject of this study's findings and discussion. The 13th century saw the beginning of the movement of this system, which has a lengthy history and is inextricably linked to economic, political, and intellectual forces in Western Europe. This system of laws acknowledges the division between public and private law. The Civil Law system is characterized by the existence of a codification or legal record that preserves the law and serves as a foundation or mechanism for judges to act and uphold the legal system documented in the law. The three dimensions of the national legal order, which is based on the Civil Law legal order, are the maintenance dimension, the renewal dimension, and the creative dimension. Along with these features, the Civil Law system also strengthens Indonesia's legal framework by, among other things, creating new laws, discovering new laws, and using judges as law's mouthpieces to enforce laws that affect people's daily lives.

The role of the convention for the protection of human rights and fundamental freedoms and the practice of the European court of human rights in performing law enforcement activities in Ukraine

Purpose. The purpose of the article is to clarify the role of the Convention on the Protection of Human Rights and Fundamental Freedoms and the practice of the European Court of Human Rights in the implementation of law enforcement activities in Ukraine. Methodology. The theoretical toolkit of the study consisted of: universal epistemological principles of cognition, complex, dialectical, axiological approaches, general scientific and special scientific methods of cognition. In particular, the following methods of scientific research were used during the research: analysis, synthesis, induction, deduction, structural, systemic. Results. As a result of the study, it was established that the relevant consideration of the legal positions of the ECHR by law enforcement entities in Ukraine ensures their compliance with the norms of the Convention and the Protocols to it, and not their application, as provided by the prescription of Art. 17 of the Law of Ukraine «On the Execution of Decisions and Application of the Practice of the European Court of Human Rights», which extends its effect to national courts. Originality. The work substantiates for the first time the proper forms of implementation of the convention norms by the subjects of law enforcement activity, as well as the need to take into account the legal positions of the ECHR by such subjects. Practical significance. The results of the research can be used for further scientific research in this area, as well as in the law enforcement activities of subjects authorized to implement the decisions of the European Court of Human Rights into the national legal order of Ukraine.

Privatizing civil society: outsourcing governance in John le Carré’s post-Cold War novels

ABSTRACT John le Carré’s post-Cold War novels investigate the effects of the disinvestment in Euro-American civil societies and the diminishing justifications for securing democracy and the ‘free world’. As privatization and outsourcing function as primary techniques of ‘good governance’ in many western nations, security studies has offered numerous analyses of this phenomenon, particularly with the privatisation of military force in light of the GWOT. By putting contributions in security studies in dialogue with le Carré’s post-Cold War novels, I argue that le Carré’s post-Cold War novels explore how outsourcing war strategies during the Cold War become essential components of statecraft and security during the neoliberal moment when economic national security dominates in the face of the loss of clear sovereign enemies and state actors. Specifically, le Carré’s post-Cold War novels dramatise critically how market-driven security works between national or international legal orders, particularly in colonial and neocolonial contexts. I conclude that le Carré’s novels reveal an important ethical function for literature in modelling speculative scenarios for reflection on intelligence, security, and transformations in sovereignty while this paradoxical reality unfolds