Military and Veterans Studies Commons^™

Who Should Uphold International Law, And Why Do Syrians Support The Regime?, Ahmed E. Souaiaia

Ahmed E SOUAIAIA

Answering a reporter’s question if bombing Syria is needed in order to preserve his credibility since he was the one who set a red line, President Obama replied: “First of all, I didn't set a red line. The world set a red line. The world set a red line when governments representing 98 percent of the world's population said the use of chemical weapons are abhorrent and passed a treaty forbidding their use even when countries are engaged in war. Congress set a red line when it ratified that treaty..."

It is true that international law and treaties have prohibited …

From Cyber Terrorism To State Actors’ Covert Cyber Operations, Jan Kallberg, Bhavani Thuraisingham

Jan Kallberg

Historically, since the Internet started to become a common feature in our lives, hackers have been seen as a major threat. This view has repeatedly been entrenched and distributed by media coverage and commentaries through the years. Instead the first twenty year of the Internet was acceptably secure, due to the limited abilities of the attackers, compared to the threat generated from a militarized Internet with state actors conducting cyber operations. In reality, the Internet have a reversed trajectory for its security where it has become more unsafe over time and moved from a threat to the individual to a …

Nuclear Deterrence In A Second Obama Term, Adam Lowther, Jan Kallberg

Jan Kallberg

In the months prior to the 2012 presidential election in the United States, members of the Obama administration and sympathetic organizations inside the Beltway began floating the idea that the administration would pursue – after an Obama victory – further reductions in the US nuclear arsenal. With the ink still wet on the New ST ART Treaty, efforts to reduce the American arsenal to 1000 operationally deployed strategic nuclear weapons or, as some suggest, 500, is certainly premature. These efforts illustrate a poor understanding of nuclear deterrence theory and practice and the ramifications of a United States that lacks a …

Offensive Cyber: Superiority Or Stuck In Legal Hurdles?, Jan Kallberg

Jan Kallberg

In recent years, offensive cyber operations have attracted significant interest from the non-Defense Department academic legal community, prompting numerous articles seeking to create a legal theory for cyber conflicts. Naturally, cyber operations should be used in an ethical way, but the hurdles generated by the legal community are staggering. At a time when the United States has already lost an estimated $4 trillion in intellectual property as a result of foreign cyber espionage, not to mention the loss of military advantage, focusing on what the United States cannot do in cyberspace only hinders efforts to defend the country from future …

Europe In A ‘Nato Light’ World - Building Affordable And Credible Defense For The Eu, Jan Kallberg, Adam Lowther

Jan Kallberg

From an outsider’s perspective, the Common Security and Defense Policy and the efforts of the European Defense Agency are insufficient to provide Europe with the defense it will require in coming decades. While the European Union—particularly the members of the European Monetary Union—struggle to solve prolonged fiscal challenges, viable European security alternatives to an American-dominated security architecture are conspicuously absent from the documents and discussions that are coming from the European Council and at a time when the United States is engaged in an Asia-Pacific pivot. This is not to say that no thought has been given to defense issues. …

Cyber Operations Bridging From Concept To Cyber Superiority, Jan Kallberg, Bhavani Thuraisingham

Jan Kallberg

The United States is preparing for cyber conflicts and ushering in a new era for national security. The concept of cyber operations is rapidly developing, and the time has come to transpose the conceptual heights to a broad ability to fight a strategic cyber conflict and defend the Nation in a cohesive way. Richard M. George, a former National Security Agency official, commented on recent developments: “Other countries are preparing for a cyberwar. If we’re not pushing the envelope in cyber, somebody else will.”1 Therefore, increased budgets are allocated to cyber operations research and education. The Defense Advanced Research Projects …

What We Do And Do Not Know: The Social Implications Of Defense, Bruce D. Mcdonald Iii

Bruce D. McDonald, III

The relationship between defense spending and economic growth has been a major topic of research and political debate for more than one hundred years. Although the relationship of interest is economically oriented, its theoretical underpinning has relied upon the social spillovers of the defense sector. This includes programs on community health, education, and access to technology. Despite this reliance, little is known about what social spillovers. This paper furthers our understanding of the defense-growth relationship by introducing the social spillovers that exist and clarifying how those spillovers occur. The author concludes with a discussion about the direction of future research …

Diseñando Colisiones De Satélites En La Guerra Cibernética Encubierta, Jan Kallberg

Jan Kallberg

La guerra concentrada en la red depende de la red de información global para capacidades de combate conjuntas.3 La capa fundamental crea la capacidad de combate global como la columna vertebral espacial de la red de información donde los haberes espaciales son el elemento decisivo. EE.UU. depende de las capacidades espaciales para su éxito y la seguridad nacional de EE.UU. se basa hoy en día en un número limitado de satélites muy utilizados. Estos satélites son cruciales para la disuasión estratégica, la vigilancia, la recopilación de inteligencia y las comunicaciones militares. Si la disuasión estratégica falla, los satélites forman parte …

The Return Of Dr. Strangelove: How Austerity Makes Us Stop Worrying And Love The Bomb…And Cyber War, Jan Kallberg, Adam Lowther

Jan Kallberg

With sequestration looming—generating significant cuts to defense spending—the United States may find itself increasingly relying on nuclear and cyber deterrence as an affordable way to guarantee national sovereignty and prevent major conflict. While earlier defense planning and acquisitions were based on economic conditions that no longer exist, Congress’ options to balance the budget by cutting defense spending are politically palatable because far fewer American are “defense voters” than “social welfare voters,” according to a number of recent public opinion surveys.

Analysis - Toward A New American Military., Adam Lowther, Jan Kallberg

Jan Kallberg

In releasing the United States Department of Defense’s (DoD) Sustaining U.S. Global Leadership: Priorities for 21st Century Defense and Defense Budget Priorities and Choices in January 2012, President Barack Obama and Secretary of Defense Leon Panetta offered a rationale for the administration’s reductions in defense spending. By stating that the shift in strategic direction is an effort to “put our fiscal house in order” and a response to the 2011 Budget Control Act, which requires DoD to reduce spending by $487 billion between fiscal years 2012 and 2021, the United States’ NATO partners in Europe were given considerable reason for …

The Return Of Dr. Strangelove, Jan Kallberg, Adam Lowther

Jan Kallberg

With the prospect of sequestration looming, the United States may find itself increasingly rely ing on nuclear and cy ber deterrence as an affordable means of guaranteeing national sovereignty and preventing major conflict between the U.S. and potential adversaries in the Asia-Pacific. While earlier defense planning and acquisition were based on economic conditions that no longer ex ist, Congress’s options to balance the budget by cutting defense spending are politically palatable because far fewer American are “defense v oters” relative to “social welfare voters,” according to a number of recent public opinion surveys. The simple fact is China’s rise has …

Common Criteria Meets Realpolitik Trust, Alliances, And Potential Betrayal, Jan Kallberg

Jan Kallberg

Common Criteria for Information Technology Security Evaluation has the ambition to be a global standard for IT-security certification. The issued certifications are mutually recognized between the signatories of the Common Criteria Recognition Arrangement. The key element in any form of mutual relationships is trust. A question raised in this paper is how far trust can be maintained in Common Criteria when additional signatories enter with conflicting geopolitical interests to earlier signatories. Other issues raised are control over production, the lack of permanent organization in the Common Criteria, which leads to concerns of being able to oversee the actual compliance. As …

Towards Cyber Operations The New Role Of Academic Cyber Security Research And Education, Jan Kallberg, Bhavani Thuraisingham

Jan Kallberg

Abstract – The shift towards cyber operations represents a shift not only for the defense establishments worldwide but also cyber security research and education. Traditionally cyber security research and education has been founded on information assurance, expressed in underlying subfields such as forensics, network security, and penetration testing. Cyber security research and education is connected to the homeland security agencies and defense through funding, mutual interest in the outcome of the research, and the potential job market for graduates. The future of cyber security is both defensive information assurance measures and active defense driven information operations that jointly and coordinately …

The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos

Michael Diathesopoulos

The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.

Designer Satellite Collisions From Covert Cyber War, Jan Kallberg

Jan Kallberg

Outer space has enjoyed two decades of fairly peaceful development since the Cold War, but once again it is becoming more competitive and contested, with increased militarization. Therefore, it is important the United States maintain its space superiority to ensure it has the capabilities required by modern warfare for successful operations. Today is different from earlier periods of space development,1 because there is not a blatantly overt arms race in space,2 but instead a covert challenge to US interests in maintaining superiority, resilience, and capability. A finite number of states consider themselves geopolitical actors; however, as long as the United …

Moving Toward Comparability: Assessing Per-Student Costs In K-12, Robert J. Eger Iii, Bruce D. Mcdonald Iii

Bruce D. McDonald, III

The current classifications for public school costs are provided by the National Center for Educational Statistics. To improve comparability between school districts, this paper provides an alternative classification with fewer numbers of expenditure categories and sub-categories. We also introduce distinctions between school-based and non-school based administration costs and between elementary and secondary schools to provide an identification of possible sources of inefficiency. The new classification is then applied to five comparable urban school districts Atlanta, Boston, Mobile, Nashville, and Newark. We find (1) that teacher salaries per student are affected by school level disaggregation; (2) that separating administrative costs into …

Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos

Michael Diathesopoulos

In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market decisions belong to a group of antitrust cases in which a structural divestiture remedy has been imposed under the provisions of Article 9 of Regulation 1/2003. This divestiture refers to transmission networks and to generation capacity and is meant to lead to severe structural changes, which are compatible with the findings …

Waldo In The Light Of Austerity And Federal Debt Crisis, Part 2, Jan Kallberg

Jan Kallberg

Waldo’s predictions about the future for public administration describe five areas that would be problematic in the future: legitimacy, authority, knowledge, control, and confidence. Legitimacy includes not only that the government is legally legitimized but capable and focused on an intention to deliver the “good society.” Authority, according to Waldo, is the ability to implement policy with the acceptance of the people based on rationalism, expectations of public good, ethics, superior knowledge, and institutional contexts. Knowledge is institutional knowledge, the ability to arrange and utilize knowledge within the bureaucracy since coordination is the major challenge in knowledge management. Government has …

Waldo In The Light Of Austerity And Federal Debt Crisis, Part 1, Jan Kallberg

Jan Kallberg

Dwight Waldo wrote The Enterprise of Public Administration in 1979 looking back on a long and fruitful academic career, but also as a reflection about the future for public administration. Can a 30 year old book still be relevant? You bet. Today, the public sector is increasingly facing fiscal challenges. Federal, state, and local governments throughout the country have major budget deficits followed by austerity measures that undermine the ability to deliver the good life of the future. In this day and age rereading Dwight Waldo’s The Enterprise of Public Administration is an intellectual exercise worth pursuing. Several of Dwight …

Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos

Michael Diathesopoulos

The aim of this research is to provide the basic parameters for a model for the definition of the relation between the general competition and sector specific frameworks and rules regarding the regulation of the Internal Energy Market, especially after the Third Energy Package. The research considers the recent sector specific framework in relation to a series of recent competition law cases of the Energy Market where structural remedies were applied under the commitments procedure. Essential facilities doctrine and generally competition law tools do not seem to provide a suitable framework for effectively addressing the dynamic competition concept, treating the …

Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.

Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos

Michael Diathesopoulos

In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …

From Energy Sector Inquiry To Recent Antitrust Decisions In European Energy Markets: Competition Law As A Means To Implement Energy Sector Regulation In Eu, Michael Diathesopoulos

Michael Diathesopoulos

This paper presents the conceptual path followed by European Union, European Commission and European Competition Network, after the Energy Sector Inquiry (2007) towards the realisation of the objective of an Energy Internal Market, fully functional and open to competition. Firstly, we examine the findings of Sector Inquiry and then we describe how the Third Energy Package - that followed - tried to address the issues highlighted by the Inquiry and how Third Energy Package introduces a promising but complex system, in order to develop sector rules. Following the above, we proceed to a brief but close examination of 10 recent …

Relational Contract Theory And Management Contracts: A Paradigm For The Application Of The Theory Of The Norms, Michael Diathesopoulos

Michael Diathesopoulos

This paper examines management contracts as a paradigm for the application of relational contracts theory and especially of the theory of contractual and relational norms. This theory, deriving from Macauley's implications, but structured and analysed by I.R. MacNeil gives us a framework for the explanation and understanding of contractual obligations and business relations' rules and practice. After presenting the key literature about the norms theory and especially defining the content of MacNeil's norms, we define management contracts as relations, characterised by a high relational element and we explain why, investigating all their features, which make them a suitable object for …

The Bureau Of Municipal Research And The Development Of A Professional Public Service, Bruce D. Mcdonald Iii

Bruce D. McDonald, III

This paper explores the professionalization of public administration in terms of its relation to the New York Bureau of Municipal Research. The formation of the New York Bureau of Municipal Research in 1907 served as the catalyst for the creation and expansion of a professional public service. Though public administration has failed to transform into a profession, this paper shows that the Bureau contributed to professionalization by (1) developing a body of knowledge and theory for the field; (2) developing a school in which to train persons in that knowledge; and, (3) promoting a place that the training and knowledge …

Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.