On International Security Law (PDF)

Essay from the year 2018 in the subject Law - Comparative Legal Systems, Comparative Law, grade: MA, Yale University, language: English, abstract: 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.