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International Law and the Future of Freedom$
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John H. Barton

Print publication date: 2014

Print ISBN-13: 9780804776691

Published to Stanford Scholarship Online: September 2014

DOI: 10.11126/stanford/9780804776691.001.0001

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PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 25 February 2021

Security and Freedom

Security and Freedom

(p.39) Chapter Two Security and Freedom
International Law and the Future of Freedom

John H. Barton

Stanford University Press

This chapter considers the protection of freedom against today's combination of national governments and international organizations. It does so in the context of the needs associated with balancing security with freedom. The chapter begins with a description of the traditional regime—a regime in which the protection of intrinsic human rights in any one nation is of only limited legal concern to other nations, and there is a special legal arrangement for war and international affairs. It then discusses the ways in which that regime is now obsolete; the protection of intrinsic rights in the international criminal law context; and the role of international diplomacy in protecting these rights. In many of the areas involved, there is need for new balances between security and human rights concerns. Although the text attempts to define such balances, what is most important at this point is to initiate debate on the wisest ways in which to make the balances. The chapter concludes by defining priorities for the most important current tasks for strengthening the protection of rights in the security arena.

Keywords:   freedom, national government, international organizations, human rights protection, international criminal law, diplomacy

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