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A Comparative Analysis Of The National Cyber Security Strategies Of Leading Nations, Bilge Karabacak, Unal Tatar, Orhan Calik, Minhac Celik

All Faculty and Staff Scholarship

The rapid pace of technological developments in the area of information and communications technologies caused nations and peoples to be more reliant on cyber infrastructure to survive. Besides opportunities, the widespread use of information technology introduces new threats as well. Risks related to cyber security have started to threaten critical infrastructures, which are defined as assets that are essential for the functioning of a society and its economy. Cyber security has become one of the most serious national security concerns. In 2003 the United States was the first nation to prepare and publish a national cyber security strategy In the …

Drones: The American Controversy, Michael C. Heatherly

Journal of Strategic Security

One of the most enduring problems confronted by a free society is the method through which law and order are maintained. There is an inherent tradeoff between freedom and the preservation of order through the construct and enforcement of laws. These attributes alone could be the subject of great debate. However, the United States and many other modern nations are experiencing a proliferation of technology that greatly enhances the sensory and capabilities of the user. If that user is the government, the debate over apparent intrusions into the lives of private citizens is amplified. The questions examined by this article …

The 2002 National Security Strategy: The Foundation Of A Doctrine Of Preemption, Prevention, Or Anticipatory Action, Troy Lorenzo Ewing

Graduate Program in International Studies Theses & Dissertations

The terrorist attacks of September 11, 2001, initiated a strategic shift in American national security policy. For the United States, terrorism was no longer a distant phenomenon visited upon faraway regions; it had come to America with stark brutality.1 Consequently, the administration of President George W. Bush sought to advance a security strategy to counter the proliferating threat of terrorism.

The ensuing 2002 National Security Strategy articulated the willingness of the United States to oppose terrorists, and rogue nation-states by merging the strategies of "preemptive" and "preventive" warfare into an unprecedented strategy of "anticipatory action," known as the Doctrine of …

Sustaining The Triangular Balance: The Taiwan Strait Policy Of Barack Obama, Ix Jinping, And Ma Ying-Jeou, Dean P. Chen

Maryland Series in Contemporary Asian Studies

No abstract provided.

The Need For International Laws Of War To Include Cyber Attacks Involving State And Non-State Actors, Christopher D. Deluca

Pace International Law Review Online Companion

This article argues that existing international laws of war are inadequate and need to be adjusted and clearly defined to include cyber attacks involving state and non-state actors. Part II of this article describes the different forms and increasing use of cyber attacks in international conflicts. Part III focuses on the importance and relevance of non-state actors in the international community and today’s asymmetric battlefield. Part IV discusses the applicability of current international laws of war to cyber attacks. Part V of this article suggests ways in which current international law can be improved to include and regulate cyber attacks …

Irrational Rationality Of Terrorism, Robert Nalbandov Dr.

Journal of Strategic Security

The present article deals with the ontological problem of applying the rational choice frameworks to the study of terrorism. It testing the application of the rational choice to the “old” (before the end of the Cold War) and the “new” (after the end of the Cold War) terrorisms. It starts with analyzing the fundamentals of rationality and applies it at two levels: the individual (actors) and group (collective) via two outlooks: tactical (short-term) and strategic (long-term). The main argument of the article is that while the “old” terrorism can be explained by the rational choice theory its “new” version represents …

The U.N. Security Council's Duty To Decide, Anna Spain

Publications

When faced with a global crisis within the scope of its mandate, the United Nations Security Council (UNSC or Council) has no obligation to decide whether or not to take action. This Article argues that it should. The UNSC is the only governing body with the legal authority to authorize binding measures necessary to restore peace and security, yet neither the United Nations Charter nor the UNSC's own rules clarify the extent of its obligations. Unlike courts, the UNSC lacks a procedural rule establishing that it has a duty to decide. Unlike the United States Congress, which accepts its practical …

The United States' Use Of Drones In The War On Terror: The (Il)Legality Of Targeted Killings Under International Law, Milena Sterio

Law Faculty Articles and Essays

After the terrorist attacks of September 11, 2001, the United States government began to use drones against al-Qaeda targets. According to several media reports, the United States developed two parallel drone programs: one operated by the military, and one operated in secrecy by the CIA. Under the Obama Administration, the latter program developed and- the number of drone attacks in countries such as Pakistan and Yemen has steadily increased. Because the drone program is operated covertly by the CIA, it has been impossible to determine the precise contours of the program, its legal and normative framework, and whether its operators …

Reevaluating Itar: A Holistic Approach To Regaining Critical Market Share While Simultaneously Attaining Robust National Security, Justin Levine

University of Miami National Security & Armed Conflict Law Review

This note considers the application of the International Traffic and Arms Regulations (““ITAR””) framework and proposes statutory and policy modifications to promote both national security and industry growth. ITAR is the regulatory framework that controls the export of munitions and defense technologies from the United States. However, as applied, free trade is now grossly over-regulated to such an extent that both significant market share and industry opportunity have been lost and national security itself has simultaneously been threatened. Due to heavy restrictions, many previous industry partners are now looking elsewhere for trade and systematically avoiding the United States for inclusion …

One Team, One Fight: The Need For Security Assistance Reform, Matthew L. Merighi, Timothy A. Walton

The US Army War College Quarterly: Parameters

No abstract provided.

The Federal Mediation And Conciliation Service: A Partner In International Conflict Prevention, Andrea Strimling

Pepperdine Dispute Resolution Law Journal

The Federal Mediation and Conciliation Service ("FMCS"), an independent agency of the U.S. government with over a half-century of conflict management and institutional-development experience, is a valuable resource in U.S. efforts to prevent armed conflict and build the foundations for lasting security in the U.S. and around the world. Given the urgency and complexity of this challenge, the United States should identify, support, and leverage all appropriate resources for preventive diplomacy, including short-term operational prevention and long-term structural prevention. Through its International Program, FMCS has already made important contributions to both types of prevention, drawing on three strategic assets that …

Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck

Penn State Journal of Law & International Affairs (2012 - Present)

In the face of twenty-first century challenges to military maritime mobility, the question persists as to whether customary international law will remain a reliable foundation for U.S. maritime security interests in the future. To date, the U.S. has successfully conducted military operations sanctioned by the customary high seas freedoms of free navigation and overflight. However, with technological advances and heightened environmental and defense concerns, countries with coastal state interests may demand greater control over their near-shore waters, requiring the U.S. to reconsider its position outside the United Nations Convention on the Law of the Sea (UNCLOS). This article addresses pertinent …

Deterring And Dissuading Nuclear Terrorism, John J. Klein

Journal of Strategic Security

While nuclear deterrence theory may be well-suited to dealing with nuclear-armed states, its suitability for deterring nuclear terrorism has frequently been questioned since 9/11. While terrorist organizations do not necessarily act uniformly or according to the same underlying beliefs, many of the most aggressive organizations are motivated by an ideology that embraces martyrdom and an apocalyptic vision.1 This ideology may be based on religion or a desire to overthrow a government. Consequently, terrorists motivated by ideology who intend to use a stolen or improvised nuclear device against the United States or its interests may not care about the resulting military …

Ten Years Of Gwot, The Failure Of Democratization And The Fallacy Of “Ungoverned Spaces”, David P. Oakley, Patrick Proctor

Journal of Strategic Security

October 7, 2011, marked a decade since the United States invaded Afghanistan and initiated the Global War on Terrorism (GWOT). While most ten-year anniversary gifts involve aluminum, tin, or diamonds, the greatest gift U.S. policymakers can present American citizens is a reconsideration of the logic that guides America's counterterrorism strategy. Although the United States has successfully averted large-scale domestic terrorist attacks, its inability to grasp the nature of the enemy has cost it dearly in wasted resources and, more importantly, lost lives. Two of the most consistent and glaring policy flaws revolve around the concepts of filling "ungoverned spaces" and …

Responses To The Five Questions, Steven Metz

William Mitchell Law Review

No abstract provided.

The Strategic Feasibility Of Global Zero: A Generational Approach, Balazs Martonffy

Electronic Theses and Dissertations

This thesis examines the requirements for a world without nuclear weapons and the steps required for further reductions. It situates nuclear weapons within other weapons of mass destructions and outlines their dangers. Through the examples of the People's Republic of China, France, and the United States, the thesis explores the rationale behind state acquisition of nuclear weapons. The thesis combines the idealistic commitment of nuclear abolition movements with the national security realities of nuclear weapons states. It outlines the steps necessary for achieving a world without nuclear weapons through multiple stages, each with specific goals that have to be met …

Responses To The Five Questions, A. Mark Weisburd

William Mitchell Law Review

No abstract provided.

A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Are The Mara Salvatrucha And 18th Street Gangs A Threat To Our National Security, Jose A. Ortiz Jr.

All-Inclusive List of Electronic Theses and Dissertations

This study focuses on the two predominantly Latino gangs, Mara Salvatrucha (aka MS-13), and the 18 th Street Gang, operating on the streets of communities across America. This study is significant because it will provide information about how these violent gangs operate in ways that can inform and alert both civilian society and government agencies concerning optimal responses to the problems created by these gangs. Through a quantitative and qualitative analysis of documentary evidence and governmental statistics about the Mara Salvatrucha and 18 th Street Gang, this study developed several conclusive findings on the negative effects of these groups in …

Responses To The Five Questions, Charles J. Dunlop Jr.

William Mitchell Law Review

No abstract provided.

Responses To The Five Questions, Harvey Rishikof, Bernard Horowitz

William Mitchell Law Review

No abstract provided.

Ten Years After 9/11: The Changing Terrorist Threat, Kenneth Anderson, Michael Leiter, John Carlin, Ivan Fong, Daniel Marcus, Stephen Vladeck

Presentations

On September 8, 2011, the American University National Security Law Brief and the Law and Government Program at American University’s Washington College of Law hosted a candid discussion on the changes throughout the American legal system in the 10 years since the tragic September 11th attacks. The event featured a keynote address from Michael Leiter, Director of the National Counterterrorism Center from 2007-2011, followed by a panel discussion with John Carlin, Principal Deputy to the Assistant Attorney General of the Department of Justice’s National Security Division; Ivan Fong, General Counsel at the Department of Homeland Security; Stephen Vladeck, Professor of …

Letter From The Editor, Billy Joyner

American University National Security Law Brief

No abstract provided.

National Security Information Flow: From Source To Reporter's Privilege, Robert Bejesky

St. Thomas Law Review

No abstract provided.

Riot Control Agents And Chemical Weapons Arms Control In The United States, Sean P. Giovanello

Journal of Strategic Security

This article examines the issue of riot control agents as it relates to the subject of chemical weapons arms control at the international level and, more specifically, implications for the United States. The article examines how the issue of riot control agents has complicated efforts for the United States to enter into and ratify chemical weapons-related arms control agreements. The article provides an overview of chemical weapons, examines the relevant arms control agreements, explores why and how riot control agents influence debates over the merits of these treaties, and explains why riot control agents remain a contentious issue in chemical …

National Security Interest Convergence, Sudha Setty

Faculty Scholarship

Over a decade after the attacks of September 11, 2001, lawmakers, scholars, activists, and policy makers continue to confront the questions of whether and to what extent robust counterterrorism laws and policies should be reined in to protect against the abuse of civil rights and the marginalization of outsider groups. This Article uses political and critical race theory to identify areas of national security interest convergence in which political will can be marshaled to limit some national security policies.

Legislators act in their political self-interest — both in terms of responding to party forces and constituents — in casting votes …

National Security Federalism In The Age Of Terror, Matthew C. Waxman

Faculty Scholarship

National security law scholarship tends to focus on the balancing of security and liberty, and the overwhelming bulk of that scholarship is about such balancing on the horizontal axis among branches at the federal level. This Article challenges that standard focus by supplementing it with an account of the vertical axis and the emergent, post-9/11 role of state and local government in American national security law and policy. It argues for a federalism frame that emphasizes vertical intergovernmental arrangements for promoting and mediating a dense array of policy values over the long term. This federalism frame helps in understanding the …

Presidential Strategy: Analyzing The National Security Stategies Of The United States, Aaron Dilday

College of Graduate Studies: Theses & Dissertations

The Second World War forced American politicians to reevaluate the nation's security preparedness. This resulted in the National Security Act of 1947, which, among many things, created the National Security Council and an ad hoc system for American strategy-making. The Cold War revealed many of the deficiencies in this strategy-making system. The Goldwater-Nichols Department of Defense Reorganization Act of 1986 sought to reform the nation's defense establishment to meet the evolving needs of the Cold War; part of this included revision of strategic development. Section 603 of Goldwater-Nichols required the president to annually submit to Congress a national security strategy …

Stretching The Parameters Of Diplomatic Protocol: Incursion Into Public Diplomacy, Shahidul Alam

Exchange: The Journal of Public Diplomacy

The end of the Cold War saw the United States retrenching its public diplomacy program. However, as the sole remaining superpower, it saw the opportunity to spread its values and ideals – particularly those of liberal democracy, human rights, and the free market economy – to those countries that were lacking in them. Paradoxically, intense public diplomacy efforts were required in pursuit of that objective. Traditional diplomats then began to take on public diplomacy functions, but, in so doing, often violated Article 41 of the 1961 Vienna Convention on Diplomatic Relations. They were mostly from the United States, while the …

Responses To The Ten Questions, Aziz Rana

William Mitchell Law Review

No abstract provided.