Reading this article, I started having a lot of random thoughts:
The issue of GDPR was one small step for man, one giant leap for mankind.
However, the public interest in the international law is a mandatory overriding principle in any subject matter.
Public interest is not only a mandatory overriding principle in international law, but also in national law. (cfr. US national security act)
In this sense, I ask myself what can be defined as “public interest”.
Shall public interest respect the constitution, in its quality of grundnorm.
Or is the interest of maintaining the existence of a State, in re ipsa, expression of the grundnorm.
To resume my reasoning:
In defining “public interest”, which hierarchy of law system shall be used?
Admitted and not granted that international law shall come first:
– shall public interest be able of overriding the social contract?
– shall the State-only theory the only one to be accepted in international law, as per status quo, given that without individuals States would not exist.
Your opinions are welcome.