Digital Commons Network^™

Armed Conflicts In Outer Space: Which Law Applies?, Frans G. Von Der Dunk

International Law Studies

So far, outer space has merely become involved in terrestrial armed conflicts as part of the supportive infrastructure for military activities. Unfortunately, the risk that this changes is considerably growing, and it can no longer be excluded that (armed) force will become used in outer space, either directed towards Earth or within outer space itself.

This raises serious issues in the legal context, where space law so far has been premised on the hope that armed conflicts in outer space could be avoided whereas the law of armed conflict was not required so far to deal with the use of …

Biological Threats Are National Security Risks: Why Covid-19 Should Be A Wake Up Call For Policy Makers, Rep. Eric M. Swalwell, R. Kyle Alagood

Washington and Lee Law Review Online

A national security strategy is the “nation’s plan for the coordinated use of all the instruments of state power—nonmilitary as well as military—to pursue objectives that defend and advance its national interest.” Perhaps the most straightforward national security objective is to protect the country from foreign invasion, but national security involves other objectives that aim to protect people in the United States as well as their values. For example, protecting U.S. elections from foreign interference is a security objective that advances the nation’s interest in democratic governance. The outbreak of a highly contagious disease like COVID‑19 strikes at the core …

Responding To Hostile Cyber Operations: The “In-Kind” Option, Michael N. Schmitt, Durward E. Johnson

International Law Studies

Facing hostile cyber operations, States are crafting responsive strategies, tactics and rules of engagement. One of the major challenges in doing so is that key aspects of the international law governing cyber responses are vague, unsettled or complex. Not surprisingly, therefore, international law is markedly absent from strategies and operational concepts. Rather, they tend to take on a practical “tit-for-tat” feel as policymakers logically view “in-kind” responses as “fair play.” For them, responding in-kind surely must be lawful notwithstanding any challenges in discerning the precise legal character of the initial hostile cyber operation.

Testing that sense, this article examines the …

Air Defense Identification Zones, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Navigational Regimes, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

The South China Sea Arbitration Award, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Archipelagic States, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Introduction To The Indo-Pacific Command Paper Series, Raul (Pete) Pedrozo

International Law Studies

No abstract provided.

U.S. Freedom Of Navigation Program, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Military Activities In The Exclusive Economic Zone, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

International Straits, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

U.S. Protests China's Maritime Claims In The South China Sea, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

General Principles Of The Law Of The Sea, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

U.S. Policy On The South China Sea, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

U.S. Position On The U.N. Convention On The Law Of The Sea, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

China's Excessive Maritime Claims, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

The Undead Past: How Collective Memory Configures Trade Wars (Forthcoming), Sungjoon Cho

All Faculty Scholarship

Conventional narratives explicate the recent trade war between the United States and China in realist terms, such as a hegemonic struggle symbolized by the “Thucydides’ trap.” Yet this universalist heuristic fatally omits ideational factors, such as beliefs, which are capable of contextualizing a particular foreign affair. The U.S.-China economic conflicts of today are characterized as much by past convictions as by simple power politics. This Article aims to remedy this analytical blind spot by employing the concept of “collective memory.” The central claim is that the particular ways and forms in which the U.S. elites and the public remember, and …

Inequality, Covid-19, And Human Rights: Whose Lives Matter?, Barbara Stark

ILSA Journal of International & Comparative Law

No abstract provided.

The Use And Disuse Of The Magna Carta: Due Process, Juries, And Punishment, Robert W. Emerson, John W. Hardwicke

North Carolina Journal of International Law

No abstract provided.

Training, United States Army

United States Army: Field Manuals

Training, United States Army Field Manual FM 7-0

Human Rights And Disinformation Under The Trump Administration: The Commission On Unalienable Rights, Robert C. Blitt

Scholarly Works

The former administration of Donald J. Trump shattered norms governing the responsibility to relay accurate, truthful information to the public. Whether regarding trivialities or vital issues of the day, the “Trump Doctrine” unleashed a global torrent of damaging misinformation and disinformation. This penchant for falsehood and distortion did not spare U.S. human rights policy. The administration’s decision to establish a Commission on Unalienable Rights (COUR) represented a high-water mark in its campaign to subvert international human rights norms.

After introducing key concepts relating to misinformation and disinformation, this article reviews the establishment of the COUR and the substance of its …

Protecting Cultural Heritage By Recourse To International Environmental Law: Chinese Stances On Faultless State Liability, Riccardo Vecellio Segate

UC Law Environmental Journal

Several international policy documents define the environment as made of “natural heritage” and “cultural heritage” together, along the lines of concepts such as “biosphere” or “ecosystem” which have been introduced relatively recently to define the complexity of humanenvironment interactions. Nevertheless, distinguishing natural heritage from the cultural one helps analyse situations where damage inflicted to the former negatively impacts the latter. In fact, cultural heritage sits under siege worldwide due to polluting activities and environmental degradation, which are causing irreparable damage to—or even the disappearance of— valuable expressions of civilisations’ legacy. Most damages are transboundary, thereby calling into question bilateral forms …

Data Privacy & National Security: A Rubik’S Cube Of Challenges And Opportunities That Are Inextricably Linked, April Falcon Doss

Duquesne Law Review

Traditionally, issues relating to information privacy have been viewed in a set of distinct, and not always helpful, stovepipes—or, as my former government colleagues often said, tongue-in-cheek, in other contexts—separate “cylinders of excellence.” Thanks to the convergence of technologies and information, the once-separate realms of personal data privacy, consumer protection, and national security are increasingly interconnected. As Congress and national policymakers consider proposals for federal data privacy legislation, regulation of social media platforms, and how to prevent abuses of foreign intelligence and homeland security powers, they should be examining each of these challenges in light of the others, actively looking …

Cybersecurity And The U.N. Charter: A Square Peg In A Round Hole, Slate Herman

Colorado Technology Law Journal

No abstract provided.

Black Women's Suffrage, The Nineteenth Amendment, And The Duality Of A Movement, Danielle M. Conway

Faculty Scholarly Works

America is at an unprecedented time with self-determination for Black women, and this phase of the movement is reverberating throughout this nation and around the world. There is no confusion for those who identify as Black women that this movement is perpetual, dating back to the enslavement of Black people in America by act and by law. One need only look to the intersecting crises of 2020 to discern the reality of Black women’s—and by extension the Black community and by further extension individuals and groups marginalized, subordinated, and oppressed by white patriarchy—perpetual struggle for civil and human rights.

To …

Human Resources Support, United States Army

United States Army: Field Manuals

Human Resources Support, United States Army Field Manual FM 1-0

Cyberspace Operations And Electromagnetic Warfare, United States Army

United States Army: Field Manuals

Cyberspace Operations and Electromagnetic Warfare, United States Army Field Manual FM 3-12

Brigade Combat Team, United States Army

United States Army: Field Manuals

Brigade Combat Team, United States Army Field Manual FM 3-96

International Humanitarian Law And Civilians In Modern Day Warfare, Allyna R. Storms

Political Science Theses and Capstones

The present study aims to reflect the effect of International Humanitarian Law on non-state actors. The effect of International Humanitarian Law on non-state actor seems to be minimal, causing a rise in civilian deaths and injury. This study presents an overview of International Humanitarian Law, the purpose and effects of such on state actors, and recent research on International Humanitarian Law and non-state actors. Following will be an analysis of civilian deaths (dependent variable) and various independent variables as they relate to region, type of conflict, and incompatibility.

Armies, Corps, And Division Operations, United States Army

United States Army: Field Manuals

Armies, Corps, and Division Operations, United States Army Field Manual FM 3-94