China's Use Of Nontraditional Strategic Landpower In Asia, 2024 US Army War College
China's Use Of Nontraditional Strategic Landpower In Asia, Sheena Chestnut Greitens
The US Army War College Quarterly: Parameters
This article argues that the People’s Republic of China uses its police and internal security forces as a nontraditional means of projecting strategic Landpower in the Indo-Pacific and Central Asia. Instead of limiting analysis of China’s power projection to military forces, this article employs new data on Chinese police engagements abroad to fill a gap in our understanding of the operating environment in Asia. Policymakers will gain an understanding of how these activities enhance China’s presence, partnerships, and influence across the region to inform the development of recommendations for a more effective response.
Parameters Spring 2024, 2024 US Army War College
Parameters Spring 2024, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Us-Taiwan Relations And The Future Of The Liberal International Order, 2024 US Army War College
Us-Taiwan Relations And The Future Of The Liberal International Order, Christina Lai
The US Army War College Quarterly: Parameters
Strengthening ties with Taiwan is the best chance the United States has to preserve the liberal international order in Asia and improve its security relative to China. This study offers a normative perspective on how Taiwan can contribute to US-led international institutions and the Asian regional order and reduce conflict risk. It concludes with recommendations for the United States and its partners to integrate Taiwan into multilateral institutions in Asia.
Rethinking The Relevance Of Self-Deterrence, 2024 US Army War College
Rethinking The Relevance Of Self-Deterrence, Jeffrey H. Michaels
The US Army War College Quarterly: Parameters
Self-deterrence is critically understudied in deterrence theory. Similarly, deterrence practitioners prefer to focus on adversaries’ threats rather than seeking to account for the full scope of fears influencing the decision calculus of policymakers. Through historical case studies, this article identifies where self-deterrence has occurred, highlights the benefits of incorporating the concept in future strategic planning and intelligence assessments, and recommends that policymakers, strategists, and analysts acknowledge self-deterrence as an important factor when preparing for future wars.
Strategy As Problem-Solving, 2024 US Army War College
Strategy As Problem-Solving, Andrew Carr
The US Army War College Quarterly: Parameters
This article proposes a new definition of strategy as problem-solving that challenges the focus on goals and assumptions of order within many post–Cold War approaches to strategy. It argues that the military needs strategy to diagnose the complex problems of the twenty-first century before they can be solved. Inspired by practitioners such as Andrew Marshall and George F. Kennan, this new definition clarifies what strategists do and offers a logic for distinguishing the use of the term strategy. Practitioners will also find problem-solving tools and pedagogies they can adopt today.
From The Editor In Chief, 2024 US Army War College
From The Editor In Chief, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
Welcome to the Spring 2024 issue of Parameters. Readers will note a few differences in the formatting for this issue: we are now using endnotes instead of footnotes to facilitate switching from pdf to html via Adobe's Liquid App; also, readers will be able to click on each endnote number to view the full endnote and then switch back to the text to resume reading. Please drop us a note to let us know how you like the changes. More are coming!
International Law, Self-Defense, And The Israel-Hamas Conflict, 2024 US Army War College
International Law, Self-Defense, And The Israel-Hamas Conflict, Eric A. Heinze
The US Army War College Quarterly: Parameters
This article examines the international law of self-defense as it applies to the ongoing Israel-Hamas conflict to determine whether the October 2023 attacks by Hamas against Israel can be interpreted under Article 51 of the UN Charter as an “armed attack” that gives Israel the right to use military force in self-defense against non-state actors. It situates the conflict within ongoing legal and political debates, shows how this conflict fits into a changing global reality where the most dangerous security threats do not exclusively emanate from other states and concludes that Israel’s resort to force in the current conflict appears …
Why Outlaw Laws?: An Argument For A Probationary Period For Lethal Autonomous Weapons Systems Under Meaningful Human Control., 2024 University of Cincinnati College of Law
Why Outlaw Laws?: An Argument For A Probationary Period For Lethal Autonomous Weapons Systems Under Meaningful Human Control., Katherine E. Vuyk
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
“Unwilling Or Unable”, 2024 U.S. Naval War College
“Unwilling Or Unable”, Lucy V. Jordan
International Law Studies
Critics of the unwilling or unable doctrine suggest that it could undermine the United Nations collective security system and argue that it requires an unacceptable ceding of a State’s territorial sovereignty. Increased reliance on the doctrine following the terrorist attacks of 9/11, particularly in relation to the use of force against ISIL in Syria since 2014, has caused the doctrine to face significant scrutiny. The purpose of this article is to ascertain whether the unwilling or unable doctrine has reached customary international law status. If found to be the case, the doctrine would confirm the right of States to act …
Aggressor Status And Its Impact On International Criminal Law Case Selection, 2024 William & Mary Law School
Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs
Pace International Law Review
The laws of war apply equally to all parties to a conflict; thus, a party that violates international law by launching a war is granted the same international humanitarian law rights as a party that is required to defend against the illegal war. This doctrine—known as the equal application doctrine—has been sharply critiqued, particularly by philosophers, who claim the doctrine to be morally indefensible. Lawyers and legal academics, by contrast, defend the equal application doctrine because they reasonably fear that applying different rules to different warring parties will sharply reduce states’ willingness to comply with the international humanitarian law system …
Retiring Military Jurisdiction Over Military Retirees, 2024 Villanova University Charles Widger School of Law
Retiring Military Jurisdiction Over Military Retirees, Robert Leider
Villanova Law Review
No abstract provided.
Panel 3: A Fireside Chat With The Honorable Judge M. Tia Johnson, 2024 Villanova University Charles Widger School of Law
Panel 3: A Fireside Chat With The Honorable Judge M. Tia Johnson, The Honorable Judge M. Tia Johnson
Villanova Law Review
No abstract provided.
Military Justice And Modernity, 2024 Villanova University Charles Widger School of Law
Military Justice And Modernity, Eugene R. Fidell, James A. Young
Villanova Law Review
No abstract provided.
Nonjudicial Punishment, 2024 Villanova University Charles Widger School of Law
Nonjudicial Punishment, Franklin D. Rosenblatt
Villanova Law Review
No abstract provided.
The Military Justice Decrescendo, 2024 Villanova University Charles Widger School of Law
The Military Justice Decrescendo, Dwight H. Sullivan
Villanova Law Review
No abstract provided.
Veterans Treatment Courts: Broadening Eligibility For Veterans Convicted Of Violent Offenses, 2024 The Catholic University of America, Columbus School of Law
Veterans Treatment Courts: Broadening Eligibility For Veterans Convicted Of Violent Offenses, Mark Dela Peña
Catholic University Law Review
Veterans treatment courts (VTCs) have been gaining widespread popularity as a tool to divert justice-involved veterans from the criminal justice system. While a step in the right direction, most of these courts categorically exclude violent offenders for eligibility. Many jurisdictions conflate violent offenses with serious offenses, even when many violent offenses lack any physical harm. Additionally, prosecutors wield almost unbridled discretion in determining whether or not someone is charged with an offense considered to be violent, determining VTC eligibility even before a case reaches a sentencing hearing.
This comment argues for admitting veterans convicted of violent offenses into VTCs. This …
Shareholder Primacy Versus Shareholder Accountability, 2024 Seattle University School of Law
Shareholder Primacy Versus Shareholder Accountability, William W. Bratton
Seattle University Law Review
When corporations inflict injuries in the course of business, shareholders wielding environmental, social, and governance (“ESG”) principles can, and now sometimes do, intervene to correct the matter. In the emerging fact pattern, corporate social accountability expands out of its historic collectivized frame to become an internal subject matter—a corporate governance topic. As a result, shareholder accountability surfaces as a policy question for the first time. The Big Three index fund managers, BlackRock, Vanguard, and State Street, responded to the accountability question with ESG activism. In so doing, they defected against corporate legal theory’s central tenet, shareholder primacy. Shareholder primacy builds …
Public Primacy In Corporate Law, 2024 Seattle University School of Law
Public Primacy In Corporate Law, Dorothy S. Lund
Seattle University Law Review
This Article explores the malleability of agency theory by showing that it could be used to justify a “public primacy” standard for corporate law that would direct fiduciaries to promote the value of the corporation for the benefit of the public. Employing agency theory to describe the relationship between corporate management and the broader public sheds light on aspects of firm behavior, as well as the nature of state contracting with corporations. It also provides a lodestar for a possible future evolution of corporate law and governance: minimize the agency costs created by the divergence of interests between management and …
Corporate Law In The Global South: Heterodox Stakeholderism, 2024 Seattle University School of Law
Corporate Law In The Global South: Heterodox Stakeholderism, Mariana Pargendler
Seattle University Law Review
How do the corporate laws of Global South jurisdictions differ from their Global North counterparts? Prevailing stereotypes depict the corporate laws of developing countries as either antiquated or plagued by problems of enforcement and misfit despite formal convergence. This Article offers a different view by showing how Global South jurisdictions have pioneered heterodox stakeholder approaches in corporate law, such as the erosion of limited liability for purposes of stakeholder protection in Brazil and India, the adoption of mandatory corporate social responsibility in Indonesia and India, and the large-scale program of Black corporate ownership and empowerment in South Africa, among many …
Robo-Voting: Does Delegated Proxy Voting Pose A Challenge For Shareholder Democracy?, 2024 Seattle University School of Law
Robo-Voting: Does Delegated Proxy Voting Pose A Challenge For Shareholder Democracy?, John Matsusaka, Chong Shu
Seattle University Law Review
Robo-voting is the practice by an investment fund of mechanically voting in corporate elections according to the advice of its proxy advisor— in effect fully delegating its voting decision to its advisor. We examined over 65 million votes cast during the period 2008–2021 by 14,582 mutual funds to describe and quantify the prevalence of robo-voting. Overall, 33% of mutual funds robo-voted in 2021: 22% with ISS, 4% with Glass Lewis, and six percent with the recommendations of the issuer’s management. The fraction of funds that robo-voted increased until around 2013 and then stabilized at the current level. Despite the sizable …