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Articles 1231 - 1260 of 2104
Full-Text Articles in Entire DC Network
Book Reviews, Usawc Press
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Updating The Social Network: How Outdated And Unclear State Legislation Violates Sex Offenders’ First Amendment Rights, Elizabeth Tolon
Updating The Social Network: How Outdated And Unclear State Legislation Violates Sex Offenders’ First Amendment Rights, Elizabeth Tolon
Fordham Law Review
Readily available on computers, phones, tablets, or television, social media has become a necessary platform of expression for many. But, for others, social media is an inaccessible tool whose very use has criminal repercussions. To protect innocent children, many states have enacted legislation restricting sex offenders’ access to social media. Unfortunately, this legislation is often outdated, overly restrictive, and unconstitutional under the First Amendment. North Carolina has recently attracted national attention, as its statute highlights the potential constitutional issues states face in drafting such legislation. To avoid the constitutional concerns that North Carolina faces, state legislators must draft statutes narrowly …
Resolving The Civilian-Military Divide Through An Examination Of Select Members Of The United States Army Profession, Caitlin Bankhead
Resolving The Civilian-Military Divide Through An Examination Of Select Members Of The United States Army Profession, Caitlin Bankhead
Masters Theses
Since the conclusion of the Vietnam War, the American public and the Armed Forces have steadily drifted apart. This has resulted in a division between the people of the nation and the individuals that defend its values. Consequently, as this division increases, the American public is thankful of military servicemen, but believes that service is something others should do. Conversely, the military’s sole purpose is to protect and defend the nation, its people, and its values, but it has become more isolated. Additionally, military service is becoming a family tradition in which outsiders cannot easily understand the values and pride …
Air Force Institute Of Technology Research Report 2016, Graduate School Of Engineering And Management, Air Force Institute Of Technology
Air Force Institute Of Technology Research Report 2016, Graduate School Of Engineering And Management, Air Force Institute Of Technology
AFIT Documents
This Research Report presents the FY16 research statistics and contributions of the Graduate School of Engineering and Management (EN) at AFIT. AFIT research interests and faculty expertise cover a broad spectrum of technical areas related to USAF needs, as reflected by the range of topics addressed in the faculty and student publications listed in this report. In most cases, the research work reported herein is directly sponsored by one or more USAF or DOD agencies. AFIT welcomes the opportunity to conduct research on additional topics of interest to the USAF, DOD, and other federal organizations when adequate manpower and financial …
Cmsi Archive Translation: From Yan’An To The United Nations: The Diplomatic Career Of Ling Qing, Ling Qing
Cmsi Archive Translation: From Yan’An To The United Nations: The Diplomatic Career Of Ling Qing, Ling Qing
CMSI Translations
This memoir excerpt details the PRC's first participation in international legislation (UNCLOS III) starting in 1973. It describes the strategic diplomatic decisions, such as China's support for the 200 nautical mile Exclusive Economic Zone (EEZ) to oppose maritime hegemony. The author notes that this support was sometimes unconditional and that they later questioned if it fully served China’s interests, particularly concerning the retention of the continental shelf principle, which China upheld. The chapter highlights that UNCLOS achieved a basic agreement on the division of maritime resources without war.
Cmsi Archive Translation: The Unclos Conferences And China’S Safeguarding Of Its Maritime Rights And Interests, Guo Yuan
CMSI Translations
This article examines China's consistent views and positions during the UNCLOS conferences regarding territorial seas, EEZs, and continental shelves, noting that these positions reflected Chinese maritime law practice and the developing world's desire to expand rights. It highlights China’s 1958 Statement on Territorial Waters establishing a 12nm territorial sea over all Chinese islands, including Xisha and Nansha. China maintained that foreign naval vessels must obtain prior permission or notification before transiting through territorial waters, a position reaffirmed by China upon ratification of UNCLOS in 1996. The paper also details China’s struggle to assert sovereignty over disputed areas, citing diplomatic statements …
Cmsi Archive Translation: The Provisional Constitution Of Seapower: China’S Participation In Unclos Negotiations From Beginning To End, Shan Xu
CMSI Translations
This report covers China's involvement in the nine-year UNCLOS III negotiations, which was China’s first important international multilateral negotiation after regaining its UN seat. Key outcomes included the establishment of 200nm EEZs, which China had strongly supported but later realized posed a dilemma regarding resource sharing in semi-enclosed seas like the East China Sea and Yellow Sea. The article notes that the resulting vagueness in UNCLOS wording allows parties to interpret articles beneficially. China maintained its declaration that foreign naval vessels require prior permission for innocent passage through territorial waters, and it has consistently refused to accept the jurisdiction of …
Cmsi Archive Translation: Accelerate The Formulation Of A National Maritime Strategy And Maritime Basic Law, Wang Hanlin
Cmsi Archive Translation: Accelerate The Formulation Of A National Maritime Strategy And Maritime Basic Law, Wang Hanlin
CMSI Translations
This article emphasizes the urgency of formulating a National Maritime Strategy and a Maritime Basic Law following the 18th Party Congress decision to transform China into a maritime power. The Maritime Basic Law is needed to legalize the strategy, define departmental responsibilities, and translate international obligations, such as UNCLOS rights, into domestic law for effective implementation. The law would also specify China’s principled positions on resolving maritime disputes and is viewed as a measure to increase policy transparency and deter foreign harassment, following the example of the 1958 Territorial Sea Statement.
Cmsi Archive Translation: Drawing Up A Maritime Basic Law/ Protecting Maritime Rights And Interests In Accordance With The Law, Liu Huirong
CMSI Translations
Advocating for the establishment of a Maritime Basic Law, this article addresses the structural deficiencies in China’s current maritime legal system, which is fragmented and lacks an authoritative, overarching law. The proposed law should be comprehensive, technical, and international in nature. Its contents should clearly stipulate the country's sphere of jurisdiction over the ocean, protect sovereignty, and establish basic policies to ensure coordination between statutes. The article notes that while the Property Law mentions "maritime space," the fundamental law still lacks a clear definition of the ocean, a gap the Basic Law must remedy.
Cmsi Archive Translation: Thoughts On Advancing Ocean Defense Construction Work In The New Situation, Wu Jianhong, Huang Chunyu, Liu Changlong
Cmsi Archive Translation: Thoughts On Advancing Ocean Defense Construction Work In The New Situation, Wu Jianhong, Huang Chunyu, Liu Changlong
CMSI Translations
This paper analyzes the challenges facing China’s ocean defense construction, identifying systemic issues like overlapping administrative functions, fragmented management, and the lack of a comprehensive legal framework. A major bottleneck is the absence of an authoritative, foundational Ocean Defense Law to guide specific legislation. Existing laws, such as the PRC Law on the Territorial Sea and Contiguous Zone and the PRC Law on the EEZ and Continental Shelf, suffer from unclear implementation responsibilities and lack explicit judicial procedures for punishing foreign violations. The article calls for accelerating the issuance of a comprehensive Ocean Defense Law to resolve these deficiencies.
Cmsi Archive Translation: New Thinking On Joint Development And Freedom Of Navigation In The South China Sea: Paths For Resolving The South China Sea Dispute Based On International Law, Luo Guoqiang
CMSI Translations
This paper evaluates China's long-standing policy of "putting disputes aside, engaging in joint development" in the South China Sea, noting its slow progress internationally and proposing that resolution should primarily rely on boundary agreements or legal adjudication. The article addresses concerns that China’s claim of "historical rights" threatens freedom of navigation. It argues that China only demands sovereignty over the islands and jurisdiction over resources within the dashed line, not territorial sovereignty over the entire area. The author contends that China's claims are less restrictive than the actions of other countries that exploit UNCLOS to carve up maritime space.
Cmsi Archive Translation: Philippines Violates Declaration On The Conduct Of Parties In The South China Sea, Feng Liang
Cmsi Archive Translation: Philippines Violates Declaration On The Conduct Of Parties In The South China Sea, Feng Liang
CMSI Translations
This article criticizes the Philippines for unilaterally pushing for international arbitration regarding the South China Sea, arguing that this action violates the spirit of the Declaration on the Conduct of Parties (DOC). The DOC stipulates that territorial disputes should be resolved through "friendly consultations and negotiations by sovereign states directly concerned," which clearly excludes third-party interference like arbitration. The core issue is sovereignty over islands within China’s nine-dash line. The article asserts that the arbitration court lacks the right to adjudicate, especially since China made exclusionary claims in 2006 under UNCLOS Article 298 regarding territorial ownership and historical possession.
Cmsi Archive Translation: On The Legality Of Applying Straight Baselines To China’S Mid-Ocean Archipelagos A Perspective From Customary International Law, Zhang Hua
CMSI Translations
This article provides a legal basis for applying straight baselines to China’s mid-ocean archipelagos (Paracels and Diaoyu Islands), arguing that it is justified by customary international law rather than analogy with UNCLOS Articles 7 or 47. The practice, supported by multiple states, constitutes a "sui generis" straight baseline. The author argues that the legality of these baselines depends on the islands constituting a legal "unit". Critiques from the US that rely on UNCLOS’s restrictive water-to-land ratios and maximum lengths are invalid because these limitations do not apply to sui generis baselines derived from customary law.
Cmsi Archive Translation: Summary Of The Workshop On “The Current Legal Struggle For Rights And Interests In The South China Sea, Sun Jianzhong
Cmsi Archive Translation: Summary Of The Workshop On “The Current Legal Struggle For Rights And Interests In The South China Sea, Sun Jianzhong
CMSI Translations
This summary reports on a workshop concerning the legal struggle over South China Sea rights, covering China's land reclamation (deemed legitimate but not altering legal status) and the arbitration case. Experts discussed the relationship between the nine dashed line and historic rights, noting that UNCLOS has not fully assimilated (expelled) the historic rights concept. A significant viewpoint stressed that the nine dashed line is a state asset inherited by the PRC government from the Republic of China. The article also notes the potential for the arbitration case to encourage lawsuits against China over ecological harm caused by island and reef …
Cmsi Archive Translation: Research On Requirements And Measures In Civilian Vessel Mobilization For Maritime Rights Protection, Dai Jiachen, Geng Yueting
Cmsi Archive Translation: Research On Requirements And Measures In Civilian Vessel Mobilization For Maritime Rights Protection, Dai Jiachen, Geng Yueting
CMSI Translations
This paper analyzes the need for mobilizing China's vast civilian vessel fleet for maritime rights protection, stressing that civilian forces are required to confront foreign vessels "on an equal footing" and compensate for inadequacies in official law enforcement capacity. Key legal challenges include the high degree of privatization and organizational deficiencies, rendering the traditional executive order mode ineffective. The article calls for urgently improving the legal system by formulating specialized mobilization laws, such as a Civilian Vessel Mobilization Law (《民用船只动员法》) or a Merchant Vessel Law (《商船法》).
Cmsi Archive Translation: Research On Civil Wharfs Construction Implementing Maritime Strategic Projection Requirements, Wang Xin
CMSI Translations
This research focuses on ensuring civil wharves meet the requirements for maritime strategic projection, especially for loading heavy military equipment in wartime. The facilities must meet stringent standards, including those for protection and emergency repair (e.g., underground command posts). A standards system framework, including technical and management standards, is necessary to legislate clear powers and obligations. The article advocates for moving the implementation mode from mandatory mobilization to contractual mobilization, learning from foreign models that use legal contracts to clarify rights and responsibilities.
Cmsi Archive Translation: Legal Problems Regarding The Use Of Force In Military Actions At Sea, Lin Tianjie
Cmsi Archive Translation: Legal Problems Regarding The Use Of Force In Military Actions At Sea, Lin Tianjie
CMSI Translations
This article analyzes the use of force, differentiating between military force (prohibited in principle, allowed in exceptions like self-defense) and law enforcement force (allowed in principle, but strictly regulated). It asserts that actions of a military character, even if disguised as law enforcement (such as in the Diaoyu Islands dispute or against foreign military vessels), should be categorized as military activities to ensure strict regulation of the use of force. Procedures must follow graduated steps: query, warning, warning shots, and actual use of force. Limitations on force must adhere to the principles of necessity, proportionality, and distinction.
Cmsi Archive Translation: Tasks And Operations Of The Maritime Militia When Participating In Maritime Combat, Liu Zili, Chen Qingsong
Cmsi Archive Translation: Tasks And Operations Of The Maritime Militia When Participating In Maritime Combat, Liu Zili, Chen Qingsong
CMSI Translations
This paper outlines the missions of the maritime militia in front-line maritime combat, which are vital given the complex maritime security situation. The militia's functions include conducting maritime guerrilla warfare, such as reconnaissance, early warning, creating obstacles (e.g., sea mines and fishing nets), and capturing enemy personnel. A key directive is organizing and executing "Three Warfares" missions at sea (public opinion warfare, psychological warfare, and legal warfare), which supports combat operations by engaging in legal conflict and undermining enemy morale.
Cmsi Archive Translation: Prc Coast Guard Law (Draft), Standing Committee Of The National People’S Congress
Cmsi Archive Translation: Prc Coast Guard Law (Draft), Standing Committee Of The National People’S Congress
CMSI Translations
This draft legislation defines the China Coast Guard Bureau (CCGB) as an important maritime armed force and the unified state administrative law enforcement body responsible for safeguarding national sovereignty and maritime rights and interests. It grants the CCGB comprehensive law enforcement duties, including security, customs, and environmental protection. Key powers include the authority to take measures such as detention, forcible eviction, or forcible towing of foreign vessels illegally entering China's internal waters or territorial sea. The draft explicitly authorizes the CCGB to use weapons to stop unlawful infringements and permits the forcible dismantling of foreign-constructed buildings or structures.
Cmsi Archive Translation: Grasp The New Features Of Escort Missions And Strengthen The Effectiveness Of Political Work, Wang Zhanwu
CMSI Translations
This article focuses on strengthening political work during naval escort missions, emphasizing the need for Party leadership and strict discipline in the far seas. Task forces must be focused on war preparation, integrating political plans with contingency plans for handling provocations and harassment. Strict control over internet use is mandated, especially when berthed in Djibouti or transiting straits, to prevent leaks and the posting of inappropriate remarks. Far-seas task forces are directed to conduct exploratory practices in the organization and execution of public opinion warfare, psychological warfare, and legal struggle.
Cmsi Archive Translation: Hainan Passes Regulation Allowing Detention Of Foreign Ships That Illegally Land On Islands Within Its Jurisdiction, Wu Shengjing
CMSI Translations
This report details the implementation of the Hainan Province Coastal Security Regulation, which grants coastal security authorities in Sansha City powers similar to local police departments for inspection and administration. The regulation mandates strengthening patrols in Sansha City waters to enforce the law and defend national sovereignty. It identifies specific prohibited behaviors for foreign vessels within Hainan’s jurisdiction, such as illegally stopping or anchoring while transiting territorial waters, and grants authorities the power to inspect and administer vessels and crews.
Cmsi Archive Translation: An Unforgettable Maritime Contest In The East China Sea: A Partial Account Of The Rights Protection/Law Enforcement Operation Following An Incident Involving The Sinking Of An Unidentified Foreign Vessel In The East China Sea, Liu Zhendong
CMSI Translations
This article recounts a 9-month rights protection/law enforcement (维权执法) operation in China's EEZ by China Marine Surveillance (CMS) in 2002, following an incident involving Japan. The operation established the position of CMS as a representative implementer of government functions. Despite significant equipment disparity, CMS successfully asserted China's sovereign rights and jurisdictional rights over the area, compelling Japan to eventually submit to CMS supervision (监管) of its salvage operations. CMS achieved breakthroughs by seizing opportunities, such as collecting evidence on an oil slick or responding to a Chinese fishing vessel, to breach Japan's security perimeter and conduct on-site monitoring.
Cmsi Archive Translation: Research On Legal Issues Related To Security And Defense Of China’S Overseas Military Bases, Zou Ligang, Wang Zhangping
Cmsi Archive Translation: Research On Legal Issues Related To Security And Defense Of China’S Overseas Military Bases, Zou Ligang, Wang Zhangping
CMSI Translations
This research addresses the legal issues concerning the security and defense of China’s overseas military support bases, such as the one in Djibouti, which are crucial for achieving "far seas protection". It explores the legal basis for exercising jurisdiction, noting that the host state cedes sovereignty via international agreements. The paper specifically examines foreign reconnaissance near the base by military frogmen or surveillance aircraft, concluding that such acts match the constituent elements of espionage behavior under PRC laws like the Criminal Law and Anti-Espionage Law. Improving international agreements to clearly define jurisdiction over criminal acts against the base is recommended.
From The Editor, Antulio J. Echevarria Ii
From The Editor, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
Immunity In Contingency Operations: A Proposal For Us Contractors, Ellen "Elle" Klein
Immunity In Contingency Operations: A Proposal For Us Contractors, Ellen "Elle" Klein
The US Army War College Quarterly: Parameters
No abstract provided.
Commentaries And Replies, Usawc Press
Commentaries And Replies, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott
Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott
Faculty Articles
The purpose of this article is to explore the threats posed by cybersecurity breaches, outline the steps taken by the government to address those threats in the private sector economy, and call attention to the ultimate solution, which will most certainly spur private businesses to create a more secure cyber environment for the American people-a Connie Francis-styled cyber civil action lawsuit.
All Quiet On The Employment Front: Mandatory Arbitration Under The Userra, Bradford J. Kelley
All Quiet On The Employment Front: Mandatory Arbitration Under The Userra, Bradford J. Kelley
Hofstra Labor & Employment Law Journal
No abstract provided.
Human Migration And Environmental Degradation: The Toll On Vulnerable Women And Children, Catherine Zeman, Mark Grey, Michele Devlin
Human Migration And Environmental Degradation: The Toll On Vulnerable Women And Children, Catherine Zeman, Mark Grey, Michele Devlin
UNIversitas: Journal of Research, Scholarship, and Creative Activity
The early years of the 21st Century have seen major changes in the world’s demographic profile. The world’s total population is currently just over seven billion. Middle-range projections by the United Nations Population Fund suggest the world’s population will grow to ten billion by about 2050 and about eleven billion at the end of the century. Higher and lower projections for the end of the 21st century are 16.5 billion and 7 billion respectively depending on trends in fertility rates, which in general are projected to decline. Global average fertility rates have also dropped from 4.5 children in 1970 to …
Mission Command 2.0: From An Individualist To A Collective Model, Anthony C. King
Mission Command 2.0: From An Individualist To A Collective Model, Anthony C. King
The US Army War College Quarterly: Parameters
No abstract provided.