Jusletter IT

This article examines how the continuous escalation of new emerging threats to national security has forced states to re-consider the balance of civil liberties and national security established in international human rights treaties. In the first section, the article reviews reasons for different interpretations of international treaties and implementations of legislation among states. In the second section, the article reveals divergent balances for the privacy, freedom of information and national security between European and American judges and politicians. And in the third section, author discusses on considerations on how to overcome contradicting approaches of balance in the future. In particular, the balance of civil liberties and national security established in international human rights treaties in practice has shifted among states significantly that produced polar dichotomy between judicial, legislative and executive powers and tend to crack existing understanding of democracy and the rule of law.