This study investigates why anti-democratic laws persist in democratic societies, focusing on South Korea's National Security Act (NSA). Enacted in 1948, the NSA restricts freedom of expression and... Show moreThis study investigates why anti-democratic laws persist in democratic societies, focusing on South Korea's National Security Act (NSA). Enacted in 1948, the NSA restricts freedom of expression and movement to deter pro-North Korea behaviour. Despite being at odds with the tenets of liberal democracy, the act remains in place. Existing public opinion data indicates modest to strong support for the law, but measurement concerns leave much to be desired. Using a choice-based conjoint, we test the impact of democratic norms and national security rationales on various policy propositions related to the NSA, including its abolition. Results show widespread support for the Act, driven by both democratic norms and security concerns. Progressives are more likely to support revisions limiting the scope of the Act on the basis that it safeguards democracy, but they agree with conservatives that it should not be abolished. This research contributes to understanding South Korea's post-democratic transition and the balance between national security and democracy more broadly. Show less
The norm to protect the public core of the internet, originally advocated by the Netherlands Scientific Council for Government Policy, can be operationalised in two ways. Both a layered approach... Show moreThe norm to protect the public core of the internet, originally advocated by the Netherlands Scientific Council for Government Policy, can be operationalised in two ways. Both a layered approach and a functional approach to defining the public core of the internet provide productive ways to discuss safeguarding the functionality and integrity of the core logical and physical infrastructure of the internet from unwarranted state interventions. The article further discusses the tensions between the concept of ‘the public core of the internet’ and those of state sovereignty and national security. It describes two tiers of objection to the protection of the core internet infrastructure and suggests ways to mitigate them. It concludes that even though there are no easy answers to national security in the cyber age, in the long run, reducing ambiguity in cyberspace will benefit all states. Lifting the public core of the internet out of that ambiguity would be a good starting point. Show less
In a time of terrorist attacks and other crises, governments are faced with the question how to protect the population and the national security. Many states tend to use instruments and take... Show moreIn a time of terrorist attacks and other crises, governments are faced with the question how to protect the population and the national security. Many states tend to use instruments and take measures that infringe upon human rights and individual freedoms in order to protect national security. At the same time, UN Security Council resolutions stress that the 'fight against tarrorism' should take place within the borders set by the rule of law, by international human rights treaties and international humanitarian law. Next to that, international human rights contain a certain 'positive obligation' for states to adequately protect national security and the right to life of the population against terrorist attacks. Therefore, there is a tense and also complicated relation between human rights and national security. The question arises whether there is a way to secure that human rights and national security are compatible entities. This study analyses the relevant articles from human rights treaties and the jurisprudence of international monitoring organs (European Court of Human Rights/UN Human Rights Committee) in order to find out whether international law leaves room for states to limit or even derogate human rights in states of emergency or other situations that threaten national security. The study shows that international law indeed does leave some room, but only limited. In very serious crises that amount to a public emergency threatening the life of the nation, states may derogate from the ordinary level of human right protection, but even during such serious crisis situations there is no 'carte blanche' for states to take any measures they deem necessary. Certain human rights are given absolute protection, even in crisis situations, and emergency measures that interfere with non-absolute human rights should pass a test of strict necessity and proportionality. In this field new norms and concepts have been developed during the last decades. It is, however, clear that the international monitoring of human rights protection during states of emergency and other severe crises needs improvement. Show less
Rockets or launch vehicles, though sharing the same technology, have both military and civil applications: they can be used as missiles or as 'ordinary' transportation vehicles. As a consequence,... Show moreRockets or launch vehicles, though sharing the same technology, have both military and civil applications: they can be used as missiles or as 'ordinary' transportation vehicles. As a consequence, national security and foreign policy considerations stand in the way of the international launch industry becoming a normal service industry subject to free trade (GATS) principles. This dissertation discusses this conflict between national security and trade interests and the way it affects the United States launch trade relations with China, Russia and Europe. It also analyzes the extent to which the respective U.S. laws, policies and practices, in particular those relating to the export of satellites and launchers, restrict the development of these and other countries' commercial launch activities, and it reviews the prospects for a - GATS or space law-based - liberalization of the international trade in launch services. Show less
