Security Interests Research Articles

Securitizing high-technology industries: South Korea–Japan dispute over materials–parts–equipment products

Abstract The Japan–Korea whitelist dispute (2019–2023) embodies key features of interstate disputes related to economic statecraft ideas. Against the backdrop of the legal dispute over Japan’s “essential security interests” claim based on GATT Article 21 (Security Exceptions), this study analyzes South Korea’s response to the whitelist dispute, with a focus on its materials–parts–equipment localization policy. The findings indicate that the policy process and outcomes align with very few of the criteria suggested by the new industrial policy literature. Notably, the policy’s goals and tools were driven by ideology rather than by science, and the implementing agency—The Ministry of Trade, Industry, and Energy—while competent, was politically captured. In conclusion, this study suggests that policymakers should purposefully and consciously connect security with trade or implement industrial policies within a well-defined strategic framework.

Realistic Dilemma and Path Optimization of Online Personal Information Protection

A virtual area made by computers is called cyberspace. People there lead non-traditional lifestyles. It has evolved into a different manner of living from the physical realms of land, sea, air, and space. Lifestyle changes have also led to the emergence of some network security problems, including invasion of privacy, identity theft, financial fraud, and more. In today's world, cybersecurity is not only a trendy topic but also a crucial issue to protect the interests of cyberspace's development, security, and sovereignty. The "Personal Information Protection Law of the People's Republic of China" offers numerous highlights in terms of fundamental principles, scope of adjustment, and protection models, and offers an institutional response to the main challenges faced by personal information protection in the big data era. To strike a balance between information protection and information freedom, the Internet industry must continue to bolster industry self-discipline, raise public awareness of the right to protect personal privacy information and enhance public understanding of the legal protection of personal privacy information rights.

Examining Nepal's CMR Dynamics and Contemporary Circumstances for Strengthening it

Civil-Military Relations (CMR) in Nepal has been a subject of ongoing contention amid the nation's dynamic political landscape. This article deals with Nepal's CMR dynamics, focusing on its historical progression and CMR-related contemporary circumstances. Despite the Nepali Army's historic non-intervention in politics, the state of CMR remains contentious. Drawing upon established CMR theories such as Principal-Agent, Institutional, Convergence, and Trinity theories, this study explores the root causes of CMR-related circumstances and its outcomes posing challenges in Nepal and proposes viable approaches for its mitigation. Highlighting the importance of civilian control over the armed forces, the study emphasizes the significance of coordinated efforts, effective communication, and respective stakeholder understanding on consolidating CMR. It asserts that the Nepali Army, being at the forefront of national security, holds a pivotal responsibility in fostering conducive CMR approaches, crucial for Nepal's national security interests. In essence, the article highlights the urgency of strengthening CMR in Nepal, advocating collaborative efforts among stakeholders to ensure effective civilian control, and safeguarding national interests and sovereignty.

India’s Foreign Policy during Prime Minister Atal Bihari Vajpayee

This paper examines Indian foreign policy under Atal Bihari Vajpayee in terms of realistic pluralism. It argues that since the 1998 nuclear test, India has developed a slightly different style of realistic foreign policy as a means to achieve its core interests. It is characterized by an emphasis on engagement with contemporary challenges such as neoliberal globalization, terrorism, the issue of disarmament, coping with the changing international order, the decline of multilateral institutions, and new regionalism, etc. To deal with all these issues, India adopted realistic pluralism to accelerate India's economic development and security interests, as well as enhance its status as an emerging power in the international system by continuously promoting its cherished values. This paper explains how a party with its rightist ideology occupies power at a time when Congress fails to deliver people's aspirations. It analyses the key arguments that have been presented in this framework and the way Bajpayee put them into practice. It concludes with the assessment of Bajpayee strategies and future prospects that it will deliver for Indian foreign policy.

Human Rights for Justice

The persons who occupy public office—including those created by the Constitution of Ghana 1992 and any other enactments—and private organizations and institutions that perform public functions or receive public resources are accountable to the citizenry, particularly those whose taxes are used to set up public offices and pay their salaries either in whole or in part, or to provide or support private bodies to perform public functions. The term “public institutions” has a broader meaning within the context of access and the right to information than its ordinary meaning. The technical meaning of “public institutions” within the context of the right to information covers institutions created by the Constitution, any other enactments and private organizations or institutions that perform public functions or receive public resources. The author uses “public institutions” in its technical sense in this article to avoid repetition of private institutions or organizations that provide public services or receive public resources. In most cases, public institutions fail to observe the culture of accountability and transparency and decide on the types of information to disclose and those not to be disclosed, to render the citizenry impotent to hold them accountable. The persons who occupy offices in public institutions hold those offices in trust for the citizenry, and, as trustees and fiduciaries they are required to be accountable, transparent, prudent, faithful, honest and not to commingle their personal properties with the properties that they hold in trust for their citizenry. Discretion was hitherto exercised by public institutions as to the information which may be disclosed to the public or not did not have statutory backing, as a result of which some of them have acted capriciously. In order to make the officers of public institutions accountable and transparent, most states have enacted Right to Information Acts to give statutory backing to persons who may seek information from occupiers of public institutions to ensure that they discharge their mandates as trustees and are accountable to the nationals of their respective countries. Furthermore, the enactments on right to information are intended to give a clear exemption to information that cannot be disclosed with the sole aim of protecting the public interest in democratic societies in accordance with the Oath of Secrecy taken by public officers and which prevents them from revealing matters that shall be brought under their consideration or knowledge through the discharge of their official duties. This article discusses the international law position of the right to information, taking into account the International Covenant on Civil and Political Rights 1965, the European Convention on Human Rights 1950, the American Convention on Human Rights 1969 and the African Charter on Human and Peoples’ Rights 1981; and further discusses the Right to Information Act 2019 (Act 989) in Ghana and its effectiveness in promoting the culture of accountability, transparency and faithfulness within the public space; and, furthermore, assesses its impact on democracy and the justification for some of the exemptions provided by law to protect public interest in democratic countries. The right to freedom of expression includes the freedom to seek, receive, hold opinions and impart information and ideas without public interference, except for restrictions imposed by the state which have been enacted into law and are necessary. The laws that are necessary in a democratic society to restrict freedom of expression must take into account the interests of national security or public order, territorial integrity or public safety, the protection of health or morals, the respect of the rights or reputation of others, the prevention of crime or disorder, and the disclosure of information received in confidence, and for the maintenance of the authority and impartiality of the courts.1 There will also be a brief discussion on freedom of information and access to information concerning the environment held by public officers and private institutions and organizations that provide public functions. Keywords: freedom of expression; international law; freedom of information; journalism; Ghana.

Trauma and Unaccompanied Child Migration in US History: Reflections from the Archives

Abstract: Through detailed analysis of archival records, Anita Casavantes Bradford traces the history of the clinical, academic, and popular understandings of trauma as it influenced US immigration policy for unaccompanied migrant children during the twentieth century. She questions why adults charged with the care of unaccompanied minors have "(mis)understood … (mis)managed … and (mis)represented" children as traumatized, both unintentionally and deliberately, in order to advance adult objectives. Casavantes Bradford provides a historical overview of US immigration and refugee polices since the 1930s as applied to unaccompanied migrant children. This history also traces the evolution of clinical and popular definitions of trauma and post-traumatic stress disorder (PTSD)—officially recognized by psychologists in 1980—and suggests that policies for managing and mitigating trauma among unaccompanied minors often led to negative consequences. These polices, above all, were often based on geopolitical and domestic political considerations rather than the welfare of children, according to Casavantes Bradford. Thus, during the 1980s, unaccompanied minors from Haiti and Central America reaching the United States faced detention and deportation, while Sudanese "lost boys" were granted preferential treatment that aligned with US national security interests in Africa. Since the 1930s, markers of difference such as race, class, and religion have also played fundamental roles in which unaccompanied minors have been given the "right to be traumatized" and resettlement. Casavantes Bradford cautions researchers against interpreting migrant children's experiences through biased or ahistorical notions of trauma that oversimplify individual young people's experiences and their potential resilience. Historians and others should critically examine their own assumptions when studying trauma and the experiences of unaccompanied migrant children.

Article: The Data Is In The Details: Friendshoring, Data Flows and the Role of Digital Trade Rules

The label ‘friendshoring’ has recently emerged to describe an approach to supply chains that focuses on ensuring they can be relied upon, trusted and secured as opposed to just maximising their economic efficiency. Aspects of friendshoring have a longer history in the context of cross-border data flows, which have been (and are increasingly) subject to restrictions aimed at protecting privacy, cyber-security and national security interests. Data flows are critical to the functioning of modern supply chains and are themselves important sources of value. While the goals of data flow restrictions are often laudable, data friendshoring is not without risks and costs. It can have an uneasy relationship with existing trade rules, and spillover effects for other policy interests (including in relation to internet governance and the strength of the rules-based trading system). This article sets out the connections between friendshoring and data flow restrictions. It then examines the role that trade rules play in relation to data friendshoring, including the uncertainty of the application of certain current trade rules to data friendshoring and the benefits that digital trade rules can contribute in relation to data friendshoring. These benefits includes ameliorating the risks associated with data friendshoring, providing greater certainty for those involved in these arrangements, and enabling on-going discussions between potentially fragmented regimes to help rebuild trust over the longer term. digital trade, friendshoring, data flows

Navigating the Post-Cold War Disorder: Examining NATO Enlargement and Nuclear Proliferation

The transition from a bipolar to a multipolar world order following the Cold War has profoundly affected international security. This article examines the implications from the dissolution of the Union of Soviet Socialist Republics (USSR), focusing on NATO's enlargement and nuclear proliferation. Such developments have strained post-Cold War relations and increased global security concerns. The hypothesis suggests that the end of the USSR has significantly impacted international stability. It asserts that NATO's expansion in the Liberal International Order (LIO) has contributed to tensions with the Russian Federation, leading to an adversarial relationship. Nuclear proliferation, exploiting the dissolved bipolar structure, has complicated arms control negotiations and intensified the risk of nuclear conflict. This research paper highlights the West’s failure to recognize Russia's security interests and hegemonic pursuits. Using the framework of the LIO, it examines the principles of cooperation, democracy, and multilateralism, offering a lens to address the complex challenges and work toward a future characterized by security and collaboration. By shedding light on the interplay between nuclear proliferation, NATO's enlargement, and the LIO, it underscores the importance of addressing the security concerns of all nations and fostering a cooperative and reliable future.

The United States–China ‘tech war’: Decoupling and the case of Huawei

AbstractThis paper offers an analysis of US strategy in the unfolding United States–China ‘tech war’ and its consequences. We argue that a tech war is now underway, and that Washington is the driving force behind it. Here, we focus on the most impactful policy so far: the placement of Huawei and over 150 of its affiliates on the sanctioned Entity List. As a result, a decoupling between high‐end US tech and Huawei Technologies is well underway, if not already complete. However, the consequences of the sanctions have not been what Washington intended or expected. The company appears to have maintained its position as one of the world's leading innovators in 5G technology and remains a leading supplier of 5G base stations. The United States risks undermining co‐operation with China in other critical policy areas because the tech war is viewed as aggressive in Beijing. It has also exposed the limits of US influence over allies and third countries, many of whom are opting for Huawei's cheaper 5G infrastructure. Nevertheless, the expansion of this approach by the Biden administration suggests that, in future, Washington may prioritise security interests over commercial ones as it seeks to preserve as much US primacy as possible.

Whither security? The concept of ‘essential security interests’ in investment treaties’ security exceptions

Abstract Unlike the WTO agreements, most investment treaties’ security exceptions do not further define the concept of ‘essential security interests’, creating significant uncertainty. Securitization theory illuminates conceptual problems associated with an expansive approach to security, security’s role in justifying extraordinary deontic powers, and securitization’s contingency on intersubjective agreement. As securitizing actors, states have put forward four paradigms of security, each significantly expanding the concept beyond its traditional contours. Investors have resisted with two counter-securitizing moves, each involving several tactics. Reacting to these moves and countermoves, tribunals have functioned as either empowering audiences or as nullifying audiences. The ambiguity of essentiality has also generated incongruent interpretations. States’, investors’, and tribunals’ approaches operate on three different planes, each with potential to significantly constrain security’s scope or even negate a successful securitization. Expansive and restrictive interpretations of security present competing implications that make defining it an invidious task, but some interpretations of essentiality are more tenable than others. Overall, tribunals’ narrow interpretations of the concept have operated to considerably limit states’ securitization attempts. While investors should keep a close eye on pending cases involving potentially self-judging security exceptions, they need not be overly concerned that security exceptions pose a significant threat to their interests.

The racial biopolitics of humanitarianism in Africa: examining European resilience-building in the Sahel and lake Chad Basin

The racial biopolitics of humanitarianism in Africa: examining European resilience-building in the Sahel and lake Chad Basin

Police administrative detention

Relevance. The research relevance is predefined by the need to study the legal problems of police administrative detention and, subsequently, to create an effective administrative and legal regulation of this area. Purpose. The research aims to evaluate the legal situation in the field of legislative regulation of police use of administrative detention in the Republic of Kazakhstan and to develop recommendations for improvement of legislation in this area. Methodology. To reach the aims, such methods as dialectical, comparative-legal, method of induction and deduction, analysis and synthesis, and functional method were used. Results. The features of administrative-legal regulation of administrative detention in the Republic of Kazakhstan were revealed. The legal problems in the practice of administrative detention were analyzed. The term “administrative detention” is distinguished from the related legal terms such as “delivery”, “administrative arrest”, and “criminal law detention”. Scientific provisions for improving the legal regulation of the procedure for administrative detention have been formed. Examples of different countries in the field of legislative regulation of administrative detention have been analyzed. The need to detail in the administrative legislation the procedure for administrative detention, including regulating the mechanism of detention in special premises of persons without a fixed place of residence, with certain types of diseases, as well as the procedure for the detention of minors is highlighted. Conclusions. It is concluded that the introduction of round-the-clock video surveillance in the premises where detainees are held is of great importance for the protection of their rights. The importance of balancing the public interest in security with the individual's rights to liberty and the security person is highlighted in the use of administrative detention by the police. Recommendations for improving legislation, increasing the efficiency of the practice of administrative detention, as well as the effectiveness of protection of the rights of detainees have been developed. The research results develop administrative and legal science and contribute to solving practical issues regarding the application of administrative detention by police officers.

A Brief History of Pak-China Political and Economic Relations

This research paper delves into the intricate history of Pakistan and China's political and economic relations, spanning over seven decades. Beginning with early diplomatic engagements in the 1950s, it traces the evolution of this alliance from initial agreements to a comprehensive strategic partnership. It examines the era of security and strategic alignments during the 1970s and 1980s, influenced by Cold War dynamics and geopolitical shifts. The paper also provides an overview of present-day Pak-China relations, highlighting key 21st-century developments such as the China-Pakistan Economic Corridor (CPEC), shared security interests, and cultural exchanges. Analyzing the driving factors behind this enduring partnership, the study emphasizes shared interests, trust, mutual respect, and the mutual economic and strategic benefits. This research provides insights into the trajectory and dynamics of Pak-China relations, offering a deeper appreciation of its role in shaping the contemporary geopolitical landscape. The enduring nature of this alliance stands as a testament to the possibilities of cooperation and shared objectives in international diplomacy.

МОНГОЛ УЛСЫН ҮНДЭСНИЙ АЮУЛГҮЙ БАЙДЛЫН ЗӨВЛӨЛИЙН ЧАДАВХИЙГ САЙЖРУУЛАХ АСУУДАЛД

The Foreign Policy Concept of Mongolia (2011) states that the priority of Foreign Policy is to ensure the security and national interests of Mongolia through political and diplomatic means within the framework of international law. All government institutions of Mongolia, including the National Security Council (NSC) play an important role in the realization of this goal. However, the matter of protecting national security, maintaining the integrity and continuity of the state's foreign and domestic policies, ensuring inter-sector coordination, and effectively implementing the operation, results, efficiency, and control system of state institutions are still ongoing issues in our country. It is concluded that significant changes shall be made in the legal framework of the foreign policy and national security of Mongolia. Those changes shall be made to the Constitution of Mongolia (1992), the Laws on National Security (2001), and the Laws on the National Security Council. "Social unit system methodology" was used to analyze the concept of National Security and the Law on National security of Mongolia. In addition, the role and importance of the National Security Council in the National Security System, its potential in terms of political governance, and the issue of improving the legal status were discussed.

ҮНДЭСНИЙ АЮУЛГҮЙ БАЙДАЛ: ГАДААДЫН ШУУД ХӨРӨНГӨ ОРУУЛАЛТЫГ ХЯНАХ НЬ

The perception of how foreign direct investment will affect national security is complex and multilateral policy issues and should be considered. Today, the terms "national security," "essential security interests," and "public policies" are changing. Nowadays in evoking general considerations of protecting the security of a state, the safety of its citizens and key aspects of its way of life and in their paradigms shift. The threats associated with energy independence, cyberattacks, and the protection of a particularly important substance are related to security, so the issue of monitoring foreign direct investment in those areas is strategic.

International regulation of tourist activities of China as a basis for the application of experience for the domestic economy

higher rate than the economy of the People's Republic of China in general is tourism. Thanks to the tourism industry, China has overcome poverty. Due to its geographical and geopolitical position and natural conditions, China has excellent opportunities to develop various types of tourism. International tourism is a critical mechanism for integrating China's economy into the world economy. Given China's scale of development, which is among the world leaders, domestic tourism plays an increasingly important role in the country's economy. All this makes studying specific features of tourism development in China very relevant. China sets domestic and international standards and regulations to regulate the tourism industry. The legislation includes safety and quality of service rules, visa requirements, and measures to preserve natural and cultural resources. China is a member of international tourism organizations such as the World Tourism Organization (UNWTO), a component of sharing experiences and implementing international standards. Participation in such organizations allows China to interact with other countries, share experiences, and participate in defined international standards. China considers international standards and best practices in the field to raise the quality of services and ensure the safety and comfort of tourists. China is actively developing both domestic and international tourism. This gives the company the desire to develop its tourism resources and attract the attention of foreign visitors. China implements measures to control and standardize tourism activities through licensing and other mechanisms. This is aimed at ensuring the quality and safety of tourist services. China's tourism development strategy also promotes the inclusion of cultural exchange through tourism, which promotes mutual understanding and the development of diplomatic relations. Given the importance of environmental sustainability, China considers measures to preserve natural resources and places. China can regulate the visa regime for foreign tourists, changing the requirements and conditions of the visit according to its strategic and security interests. China actively offers its tourist attractions at the international level, helping to attract foreign tourists. In connection with global challenges such as the pandemic, China considers international standards for the safety and health of tourists by implementing appropriate measures and protocols. China can develop and maintain bilateral and multilateral ties with other countries to jointly implement tourism projects and exchange cultural experiences. In general, China's international tourism regulation emphasizes the country's desire to ensure stable, safe, and sustainable tourism development, promoting both domestic and international tourism. Considering these aspects, China is interested in cooperating with the international community and complying with international standards to improve the competitiveness of its tourism sector and ensure the satisfaction and safety of tourists. Keywords: tourism, China, international regulation, poverty alleviation, domestic and foreign tourism.

BALANCING NATIONAL SECURITY INTERESTS WITH PRIVACY, THE CHARTER AND RULE OF LAW: BUILDING CHECKLISTS INTO OPERATION PLANNING

On November 17, 2023, Justin Dubois, Executive Director and General Counsel of the Office of the Intelligence Commissioner, presented Balancing National Security Interests with Privacy, the Charter and Rule of Law: Building Checklists into Operation Planning for this year’s West Coast Security Conference. The presentation was followed by a question-and-answer period with questions from the audience and CASIS Vancouver executives. The key points discussed were the Intelligence Commissioner Act, the role of the Intelligence Commissioner in providing quasi-judicial review of certain activities of intelligence agencies, and the Intelligence Commissioner’s use of the principles of necessity, proportionality, and reasonableness to guide its decision-making process.
 
 Received: 01-04-2024
 Revised: 01-29-2024

Ayrışma’dan Risk Azaltma’ya: Batı ile Çin Arasındaki Ticarette Yeni Dönem

Since the Second World War, the welfare level of world societies has increased with the peace period brought by economic interdependence and the acceleration of globalization. However, the 2008-09 financial crisis, strained relations between the USA and China, the global pandemic, the Russia-Ukraine War and geopolitical tensions continue to negatively affect international trade and the global economy. Western and allied countries have experienced the effects of their dependence on the supply chains of countries with which they have bad diplomatic relations, in major shocks. Governments and policymakers of Western developed countries, especially the US, stated that it would be in line with national security interests for companies to move their production to allied -friendshoring- countries. Decisions taken by policy makers in the world’s developed economies have also prompted businesses to take new steps.
 In this study, which was prepared using secondary data, the economic decoupling of the US and allied countries from China was examined and concluded that the complete decoupling of economies will disrupt the world's economic stability and lead to a loss of global welfare.

United States – Azerbaijan Relations (1991-2020)

The purpose of the paper is to thoroughly investigate the intricate relationship between the United States and Azerbaijan from 1991 to 2020, considering diplomatic, political, economic, and security dimensions. Emphasizing the pivotal role of Russian Federation in the South Caucasus, the research seeks to provide a holistic understanding of the factors influencing U.S.-Azerbaijan relations, offering valuable insights into evolving geopolitical dynamics over the three crucial decades.
 The novelty of the paper lies in its in-depth exploration of three decades of U.S.-Azerbaijan relations, the study provides unique insights into the evolving dynamics, contributing a comprehensive analysis of the multifaceted relationship.
 Conclusions. The author identifies 4 periods of US-Azerbaijan relations in 1991-2020: 1) 1991-2001, 2) 2001-2007, 3) 2007-2015, and 4) 2015-2020.
 From 1991 to 2001, the United States underwent a transformative phase in its policy towards Azerbaijan, marked by an increased focus on regional stability and economic partnerships through energy initiatives like the Baku-Tbilisi-Ceyhan pipeline. Security concerns in the South Caucasus also influenced policy decisions, while considerations of democracy and human rights were weighed against broader strategic imperatives. This period set the foundation for subsequent shifts in U.S. policy towards Azerbaijan.
 In 2001-2007, U.S. policy towards Azerbaijan underwent significant changes, prioritizing the Baku-Tbilisi-Ceyhan pipeline and intensifying efforts in combatting international terrorism. The Global War on Terror played a crucial role, leading to strengthened U.S.-Azerbaijan relations, though democracy promotion took a back seat to energy and security interests.
 The period from 2007 to 2015 saw a nuanced shift, with decreased U.S. focus on energy and security, increased attention to democracy and human rights, and challenges arising from Azerbaijan’s opposition to the Turkish-Armenian Rapprochement. Azerbaijan’s strategic concerns regarding Nagorno-Karabakh intensified, and U.S. engagement faced limitations in influencing regional outcomes.
 Between 2015 and 2020, U.S. policy towards Azerbaijan further disengaged across energy, security, and democracy promotion dimensions, influenced by factors like the unconventional oil and gas revolution, decreasing Central Asia significance, rising isolationism, and the Trump administration’s priorities. The U.S. response to regional dynamics, notably the Nagorno-Karabakh conflict, showcased a trend of reduced involvement.

Review Paper- Study on Central Know Your Customer (CKYC)

To Know Your Customer (CKYC) Policy is introduced in financial industry to prevent the Bank from being used by criminal elements for money laundering activities and to understand the customer and their financial dealings to manage their risks prudently. Know your customer policies are very important for identity theft fraud, Anti money laundering and terrorist financing. In order to reduce the risk of identity fraud document forgery and have paperless KYC verification UIDAI has launched its E-KYC service. In order to help investors and customers CKYC is introduced by Government of India in Feb 2017. Government of India has authorized a central Registry of Securitization of Asset Reconstruction and Security Interest of India (CERSAI) to act as, and perform the function of CKYC. KEYWORDS – Unified Customer Number, Block chain in KYC, Increase Global KYC Standard, Maintain Secrecy, Know your customer.