National Security Law Commons^™

Cyberattacks And The Covert Action Statute: Toward A Domestic Legal Framework For Offensive Cyberoperations, Aaron P. Brecher

Michigan Law Review

Cyberattacks are capable of penetrating and disabling vital national infrastructure, causing catastrophic economic harms, and approximating the effects of war, all from remote locations and without the use of conventional weapons. They can be nearly impossible to attribute definitively to their sources and require relatively few resources to launch. The United States is vulnerable to cyberattacks but also uniquely capable of carrying out cyberattacks of its own. To do so effectively, the United States requires a legal regime that is well suited to cyberattacks' unique attributes and that preserves executive discretion while inducing the executive branch to coordinate with Congress. …

Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle , Bretton G. Sciaroni

Pepperdine Law Review

No abstract provided.

Cyberterrorism In The Context Of Contemporary International Law, Yaroslav Shiryaev

San Diego International Law Journal

The present Article addressed the legal issues surrounding cyberterrorism. In the first chapter, the author explains why cyberterrorism should be described as “the use of electronic networks taking the form of a cyber-attack to commit a) a substantive act criminalized by the existing legal instruments prohibiting terrorism, or b) an act of terrorism under international customary law.” Further, with a special emphasis on existing anti-terrorism conventions and customary international law, it was demonstrated which actors are likely to engage in acts of cyberterrorism (non-state actors, corporations and individuals), as well as which targets are protected by law and which aims …

Maritime Piracy: Changes In U.S. Law Needed To Combat This Critical National Security Concern, Daniel Pines

Seattle University Law Review

Piracy threatens, and has taken, the lives of American crews and civilians. It poses an enormous economic threat, both in terms of ransom payments and impact on global commerce. It enhances political instability in significant regions of the world, such as the Horn of Africa and the Straits of Malacca. Most critically, though, maritime piracy offers an easy and tempting conduit for terrorism. Terrorists have already used maritime options to advance their cause in several dramatic attacks, including the hijacking of a cruise ship (and murder of a Jewish passenger), the ramming of a boat into a U.S. destroyer (killing …

Assessing Whether Oil Dependency In Venezuela Contributes To National Instability, Adam Kott

Journal of Strategic Security

The focus of this article is on what role, if any, oil has on Venezuela's instability. When trying to explain why a resource-rich country experiences slow or negative growth, experts often point to the resource curse. The following pages explore the traditional theory behind the resource curse as well as alternative perspectives to this theory such as ownership structure and the correlation between oil prices and democracy. This article also explores the various forms of instability within Venezuela and their causes. Finally, the article looks at President Hugo Chavez's political and economic policies as well as the stagnation of the …

Arctic Energy Resources: Security And Environmental Implications, Peter Johnston

Journal of Strategic Security

In recent years, there has been considerable interest in the Arctic as a source for resources, as a potential zone for commercial shipping, and as a region that might experience conflict due to its strategic importance. With regards to energy resources, some studies suggest that the region contains upwards of 13 percent of global undiscovered oil, 30 percent of undiscovered gas, and multiples more of gas hydrates. The decreasing amount and duration of Arctic ice cover suggests that extraction of these resources will be increasingly commercially viable. Arctic and non-arctic states wish to benefit from the region's resources and the …

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

The Strategic Implications Of China's Rare Earths Policy, Shane Bilsborough

Journal of Strategic Security

Drawing on literature in China studies, strategic theory, and expert interviews, this article analyzes the possibility of "rare earths" being leveraged by the People's Republic of China (PRC) in a crisis. The evidence suggests China's position in the rare earths market could constitute a significant security liability for the United States. It also seems that even if coercion fails to materialize, China's rare earths policies have the potential to intensify security dilemmas in Sino-American relations.

The 2011 Mena Revolutions: A Study In U.S. Energy (In)Security, Jessie Rumsey

Journal of Strategic Security

The recent upheavals in the Middle East and North Africa (MENA) have brought into stark relief the conflict between democratic values and strategic interests in U.S. foreign policy. Americans are known for commitment to life, liberty, and the pursuit of happiness, yet the U.S. Government is frequently unwilling to step forward and openly express even rhetorical support for reform movements in foreign countries. In fact, initial American reluctance to support the recent "Arab Spring" uprisings serves as another example of what scholars argue is a general exception in the MENA to broader post-Cold War rising costs of maintaining autocracy. This …

European Strategies For Energy Security In The Natural Gas Market, Boyka M. Stefanova

Journal of Strategic Security

This article examines the European Union's (EU) approach to energy security on the example of its natural gas imports from Russia, the largest supplier of gas to European markets. Two major projects, Nord Stream in the Northern and Western part of the EU, and Nabucco in South-Central Europe, demonstrate opposing energy security strategies, seemingly at odds with the EU objective of achieving energy independence from Russia. The question arises: Are these strategies sustainable? How can they be reconciled and pursued under a common policy? The main argument is that such conflicting sub-regional policy initiatives are amenable to progressive realignment and …

From Plyler V. Doe To Trayvon Martin: Toward Closing The Open Society, Lyle Dennison

Washington and Lee Law Review

Lyle Denniston, the longest serving and most experienced journalist covering the United States Supreme Court, takes his theme of an inclusive and open society from the constitutional and cultural vision of the late Justice Lewis F. Powell, Jr. and then offers a detailed argument that America is forfeiting—or at least compromising—that vision in favor of a safer, more secure and more cramped society, at home and abroad. The Article, taken from a memorial lecture in Justice Powell’s honor at Washington and Lee University in April 2012, draws upon a variety of very different societal and legal developments that are found …

The Futility Of Force And The Preservation Of Power: British Strategic Failure In America, 1780-83, Daniel T. Canfield

The US Army War College Quarterly: Parameters

No abstract provided.

The Afghanistan Experience: Democratization By Force, Cora Sol Goldstein

The US Army War College Quarterly: Parameters

No abstract provided.

Afghanistan: Strategy And War Termination, Christopher Tuck

The US Army War College Quarterly: Parameters

No abstract provided.

Editor's Shelf, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Off The Press, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

From The Archives, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor, Robert H. Taylor

The US Army War College Quarterly: Parameters

No abstract provided.

American Landpower And The Middle East Of 2030, Michael R. Eastman

The US Army War College Quarterly: Parameters

No abstract provided.

Coin Is Dead—Long Live Transformation, Cora Ford, Patrick Rose, Howard Body

The US Army War College Quarterly: Parameters

No abstract provided.

The Internet, New Media, And The Evolution Of Insurgency, Steven Metz

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez

IP Theory

No abstract provided.

Pnr In 2011: Recalling Ten Years Of Transatlantic Cooperation In Pnr Information, Valentin M. Pfisterer

University of Miami National Security & Armed Conflict Law Review

In Fall 2011, U.S. and EU negotiators agreed on new parameters for the collection, processing, use, storage and crossborder transfer of Passenger Name Record (PNR) data. 2011 also marks the tenth anniversary of the September 11, 2001 terrorist attacks on the World Trade Center in New York City and the Pentagon in Washington D.C., which provides the historic reason for the cooperation in this area. These two events thus provide a timely basis and background against which to review the ten year history of the cooperation between the U.S. and the EU in PNR information management.

This article maps the …

Masthead

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

How Puppet Masters Create Genocide: A Study In The State-Sponsored Killings In Rwanda And Cambodia, Joel H. Feigenbaum

University of Miami National Security & Armed Conflict Law Review

This paper calls on the United States to assess where its true interests lie in evaluating genocide and mass killings. Through an examination of the social and political factors which were paramount in bringing about the atrocities in Cambodia in the late 1970s and Rwanda in the mid-1990s, the U.S. is urged to take heed of the tried-and-true methods used by ruthless regimes throughout history in bringing about the destruction of their own citizenry. Consideration of the psychological imperatives necessary for ordinary men or women to depart from the standard boundaries of civilized society and butcher their neighbors and countrymen …

Silent Partners: Private Forces, Mercenaries, And International Humanitarian Law In The 21st Century, Steven R. Kochheiser

University of Miami National Security & Armed Conflict Law Review

In response to gritty accounts of firefights involving private forces like Blackwater in Iraq and Afghanistan, many legal scholars have addressed the rising use of private forces——or mercenaries——in the 21st century under international law. Remarkably, only a few have attempted to understand why these forces are so objectionable. This is not a new problem. Historically, attempts to control private forces by bringing them under international law have been utterly ineffective, such as Article 47 of Additional Protocol II to the Geneva Conventions. In Silent Partners, I propose utilizing the norm against mercenary use as a theoretical framework to understand at …

Weak Loyalties: How The Rule Of Law Prevents Coups D’État And Generates Long-Term Political Stability, Ivan Perkins

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

The Ferrini Doctrine: Abrogating State Immunity From Civil Suit For Jus Cogens Violations, Natasha Marusja Saputo

University of Miami National Security & Armed Conflict Law Review

Article 10 of the Italian Constitution incorporates generally recognized principles of international law. Thus, State immunity from civil suit in the domestic courts of another State——a principle generally recognized in international law——would apply in Italy. However, the protection of fundamental human rights is another generally recognized principle in international law and the ostensible conflict between these two principles has resulted in a series of controversial rulings issued by the Italian Court of Cassation. These rulings allow for the abrogation of State immunity from civil suit in the domestic courts of another State for alleged violations of jus cogens or peremptory …