The present work focuses on the relationship between national security law in different countries and its legal regulation. Ensuring national security requires a special approach to the legal regulation of this sphere. It seems that the key here is the concept of legal and, most of all, the administrative-legal regime, through which the proper degree of ordering of the security system itself and its components, as well as individual processes in the field of ensuring the security of individuals, society and the state, is actually achieved. The relationship between the elements of the triad "person-society-state," which is fundamental for defining security, undergoes an inversion when moving from the very concept of security to ensuring it. If in the concept of security, the priority belongs to the individual, then society and, finally, the state, then, in ensuring security, everything looks the other way.
There is a close interdependence between development and security, since these are the two most important functions of society. These concepts have differences, since, in fact, they have the opposite direction, but they are equal in their activities. At the same time, development is primary and safety is secondary, but, namely, this ensures development and protects against threats. The secondary nature of security does not reduce its role in objective reality.
The importance of security is explained by the fact that it actively influences the formation of directions of development in a particular sphere of life activity. Naturally, the more developed a country is in different directions, the greater is its capacity to ensure its security. Failures in development lead to a decrease in the level of security, exacerbation of old threats, and the emergence of qualitatively new ones, and vice versa, success in development expands the possibilities for ensuring security.
Table of Contents
1. National Security Law: Concepts and Definitions
2. Legal Regulation and the Functions of Law in National Security
3. Legislative Frameworks of the United States: The Foreign Intelligence Surveillance Act (FISA)
4. National Security Strategies and Legal Systems in Russia and China
5. Comparative Analysis of Security Concepts and Implementation
6. Structural Components and Future Policy Considerations
Objectives and Core Themes
This work examines the legal foundations and regulatory regimes that govern national security systems, with a specific focus on the comparative approaches of the United States, Russia, and China. It analyzes how different states define national security through legislative acts and how these legal structures balance state power with individual rights and surveillance needs.
- The relationship between the triad "person-society-state" in security legislation.
- The role of the Foreign Intelligence Surveillance Act (FISA) in the United States.
- Evolution of national security legal frameworks in post-Soviet Russia.
- Legislative developments in China regarding state security and intelligence.
- Challenges in balancing effective national security policy with democratic protections.
Excerpt from the Book
The concept of security, specified in US law, differs from the analogous Russian concept by some signs.
Comparison of concepts allows identifying some significant, in our opinion, differences. According to Russian legislation, security is the state of protection of the vital interests of an individual, society, and the state from internal and external threats. The main signs of security under US law are the following: security is a condition for the functioning of the state; safety is the result of defense (protective) measures; defense (protective) measures are aimed at increasing the state's invulnerability; threats are classified as internal and external; the form of manifestation of threats can be open (explicit) and subversive (hidden, disguised).
This leads to the conclusion of the goal of security. The goal is to increase the capacity of the state, its resources. With regard to the categories of "defense" and "offensive," let us note that this goal is achieved solely through the offensive. With a certain degree of conditionality, we can say that the security of the United States is the result of offensive defensive measures. The purpose of ensuring security under Russian law is to retain safety indicators within certain limits. This goal is the restoration of potential, violated rights, and resources. The domestic security mechanism comes into effect only after the occurrence of adverse factors.
Summary of Chapters
1. National Security Law: Concepts and Definitions: This chapter introduces the fundamental concepts of national security, emphasizing the administrative-legal regime and the inversion of the "person-society-state" triad when shifting from conceptualization to enforcement.
2. Legal Regulation and the Functions of Law in National Security: It discusses law as the cementing factor in security systems and outlines how general and special legal functions influence public relations to ensure stability.
3. Legislative Frameworks of the United States: The Foreign Intelligence Surveillance Act (FISA): This chapter details the history, structure, and controversy surrounding FISA, focusing on the collection of intelligence and the balance between security and civil liberties.
4. National Security Strategies and Legal Systems in Russia and China: It analyzes how the Russian Federation and the People’s Republic of China utilize legislative acts to define national security and manage intelligence agency powers.
5. Comparative Analysis of Security Concepts and Implementation: This section contrasts US "holding events" methodologies with Russian "protective" legislation, highlighting differences in the goal and mechanisms of state security.
6. Structural Components and Future Policy Considerations: The concluding analysis posits that national security is an interdependent system that requires objective, long-term policy alignment rather than reactionary adjustments to short-term political interests.
Keywords
National Security, Legal Regulation, Administrative Law, FISA, Intelligence Agencies, Surveillance, State Sovereignty, Security Strategy, Legislative Framework, Defense Measures, Public Safety, Cyber Espionage, Comparative Law, Global Security, Internal Threats.
Frequently Asked Questions
What is the fundamental focus of this publication?
The work focuses on the legal regulation of national security systems and how different states establish legislative frameworks to protect their interests while addressing internal and external threats.
What are the central themes explored?
The core themes include the definition of national security, the inversion of the person-society-state triad, the role of intelligence legislation, and the comparison of US, Russian, and Chinese security approaches.
What is the primary objective of this research?
The goal is to analyze the legal mechanisms through which states manage national security and to evaluate the effectiveness of these laws in addressing evolving global threats.
Which scientific methods are employed?
The author uses a comparative legal methodology, analyzing existing normative legal acts, national security strategies, and historical legislative documents to identify trends and differences.
What topics are covered in the main body?
The main body covers the theoretical basis of national security, specific US legislative cases like FISA, the evolution of Russian security strategies, and the legal implications of Chinese state security laws.
What are the key descriptors for this work?
The work is characterized by terms such as national security, comparative law, legislative framework, intelligence surveillance, and state defense policy.
How does the US approach to security differ from the Russian approach?
The text suggests that US regulations prioritize "holding events" to actively increase state capacity, whereas Russian legislation focuses on "protection" and restoring potential after the emergence of adverse factors.
What role does FISA play in the United States?
FISA serves as the governing legislative framework for judicial and parliamentary control over secret surveillance of foreign organizations and individuals, allowing for the collection of intelligence necessary for national security.
- Citation du texte
- Anonym (Auteur), 2018, On International Security Law, Munich, GRIN Verlag, https://www.grin.com/document/458018
