Military, War, and Peace Commons^™

On Environmental, Climate Change & National Security Law, Mark P. Nevitt

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This Article offers a new way to think about climate change. Two new climate change assessments — the 2018 Fourth National Climate Assessment (NCA) and the United Nations Intergovernmental Panel’s Special Report on Climate Change — prominently highlight climate change’s multifaceted national security risks. Indeed, not only is climate change a “super wicked” environmental problem, it also accelerates existing national security threats, acting as both a “threat accelerant” and “catalyst for conflict.” Further, climate change increases the intensity and frequency of extreme weather events while threatening nations’ territorial integrity and sovereignty through rising sea levels. It causes both internal displacement …

Contemporary Practice Of The United States Relating To International Law (114:4 Am J Int'l L), Jean Galbraith

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This article is reproduced with permission from the October 2020 issue of the American Journal of International Law © 2020 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (114:3 Am J Int'l L), Jean Galbraith

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This article is reproduced with permission from the July 2020 issue of the American Journal of International Law © 2020 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (114:2 Am J Int'l L), Jean Galbraith

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This article is reproduced with permission from the April 2020 issue of the American Journal of International Law © 2020 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (114:1 Am J Int'l L), Jean Galbraith

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This article is reproduced with permission from the January 2020 issue of the American Journal of International Law © 2020 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (113:2 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the April 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (113:3 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the July 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (113:4 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the October 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (113:1 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the January 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (112:4 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the October 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (112:3 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the July 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (112:2 Am J Int'l L), Jean Galbraith

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This article is reproduced with permission from the April 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.

Once the PDF is open, individual articles are accessible either by scrolling down or by clicking on the bookmark symbol.

Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival

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Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet they differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets in …

Contemporary Practice Of The United States Relating To International Law (112:1 Am J Int'l L), Jean Galbraith

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This article is reproduced with permission from the January 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.

Once the PDF is open, individual articles are accessible either by scrolling down or by clicking on the bookmark symbol.

Reforming The Pentagon: Reflections On How Everything Became War And The Military Became Everything, Mark P. Nevitt

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What best explains how “Everything Became War and the Military Became Everything?”— the provocative title of a recent book by Professor Rosa Brooks of Georgetown Law. In this Essay, I turn to the Department of Defense’s (DoD) unique agency design as the vehicle to address this question. Specifically, I first describe and analyze the role that the 1947 National Security Act and 1986 Goldwater-Nichols Act play in incentivizing organizational behavior within the DoD. These two Acts have broad implications for national security governance. Relatedly, I address the consequences of these two core national security laws, focusing on the …

Congressional And Presidential War Powers As A Dialogue: Analysis Of The Syrian And Isis Conflicts, Charles Tiefer, Kathleen Clark

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Much of the scholarship on war powers looks back on whether U.S. military interventions were authorized, examining the President's powers under Article II of the Constitution, and congressional enactments. That legal question is important, but it does not capture the interactive nature of the dynamic between Congress and the President. This Article instead focuses on the process of dialogue between Congress and the President prior to the exercise of war powers. We examine in detail how that dialogue operates in two recent episodes: the U.S. response to Syrian President Assad's use of chemical weapons in 2013, and the rise of …

Can The President And Congress Establish A Legislative Veto Mechanism For Jointly Drawing Down A Long And Controversial War?, Charles Tiefer

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In the simplest case: Congress declares war, and does not intrude on the President's solo decision about when the troops come home. However, in our time, long wars, such as in Afghanistan and Iraq, occur with great tension between the two elected branches of government over the pace of a drawdown. Sometimes it may be a hawkish Congress that disagrees with a President reluctant to continue the war at full troop levels. To find a joint way to draw down the American troops in the war zone, they may seek congressional mechanisms to resolve their differences with interactive processes. Then, …

Reply Of Professor Rudovsky To Professor Stephen I. Vladeck, "The Field Theory: Martial Law, The Suspension Power, And The Insurrection Act, David Rudovsky

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No abstract provided.

Can Appropriation Riders Speed Our Exit From Iraq?, Charles Tiefer

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To explore the implications of riders - provisions added to appropriation bills that "ride" on the underlying bill - on the United States' continued military force in Iraq, the author draws three hypotheticals, each focusing on the debate surrounding the policy and political disputes raised by the use of such riders. A "withdrawal" rider, which would authorize funding only if there exists a plan to withdraw American ground troops by a set deadline, remains the most important - and controversial - rider. Riders may also significantly affect wartime policies, like those that limit the President's use of reservists in combat …

The Great Writ Of Incoherence: An Analysis Of Supreme Court's Rulings On "Enemy Combatants", Gregory Dolin

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On June 28, 2004, the United States Supreme Court released its much awaited decisions in the cases posing a challenge to the Executive's self-professed authority to detain and indefinitely hold individuals designated as "enemy combatants." The cases arose from the "war on terrorism" that was launched after the attack on the United States on September 11, 2001. When each decision is looked at individually, the result seems to make sense and, given the outcome (affording detainees rights of judicial review), feels good. Yet when these decisions are looked at collectively, it is hard to believe that they were issued by …

Guantanamo And The Conflict Of Laws: Rasul And Beyond, Kermit Roosevelt Iii

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No abstract provided.