Criticism of the State and Incitement to Violence
Chapter Eight concerns public scrutiny and criticism of the state, including transatlantic differences over the proper limits to the protection of state security and public order. This Chapter looks first at European Union law, which provides not only considerable leeway for member states to safeguard national security and domestic public order, but also prescriptive rules regarding the prohibition of incitement to terrorism. The ECHR Article 10 right to freedom of expression provides a counterweight to these interests, although the Council of Europe has also sponsored treaty obligations on incitement to terrorism. Chapter Eight then examines the GATT and GATS exceptions to primary trade obligations that also permit restrictions protecting national security and public order. Yet, unlike EU obligations, these are not tightly bound to human rights law. Finally, the Chapter discusses the criticism of the state and incitement to violence under international trade and human rights law, including UN terrorism obligations.
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