Law Commons^™

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 …

European Identity Struggles In The Age Of Austerity, Par Engstrom

Human Rights & Human Welfare

The economic crisis has coincided with a discernible rise of right-wing populist parties in a number of European countries. This was most recently seen in elections in Belgium, the Netherlands, and Sweden. Right-wing populist parties also hold parliamentary seats in Austria, Denmark, Finland, and Norway, and they have been part of coalition governments in Italy and Switzerland for some time. In France, Jean-Marie Le Pen’s National Front, although not represented in parliament, wields considerable political influence, and may receive an additional electoral boost should Le Pen’s daughter, Marine Le Pen, inherit the party leadership. True, these parties still enjoy only …

In Drag On Drugs, Ibpp Editor

International Bulletin of Political Psychology

Since commentators generally assert that the war on illegal and illicit drugs has been a failure, we should evaluate the assertion and, then, opine on why there is a war, winnable or not.

Conceptualizing Terrorist Violence And Suicide Bombing, Murad Ismayilov

Journal of Strategic Security

This article presents an analysis of different approaches to terrorist violence, with a particular focus on suicide terrorism, using the above mentioned levels of analysis as a conceptual framework to organize this study. In doing so, the article focuses primarily on four selected studies: Khashan's theory of collective Palestinian frustration operating at individual and structural levels; Pape's strategic theory of suicide terrorism, Devji's notion of global jihad, and Hammes' conceptualization of suicide terrorism as one of the strategies of Fourth Generation Warfare, all studied at a strategic level. Drawing on these analyses, as well as on Tilly, this article attempts …

Political Terrorism: An Historical Case Study Of The Italian Red Brigades, Major Victor H. Sundquist

Journal of Strategic Security

As the world's governments become increasingly engulfed in economic and political strife, international leaders should step back and understand what historical realities enabled political extremism to surface in particular regions of the world. More important, these leaders need to recognize what past governments did to counter these movements. Global communities are currently witnessing a dynamic trend of populous uprisings that in some cases, like Greece and the United States, have the potential to severely disrupt the activities of local governments. Consequently, it behooves leaders to reflect upon historical precedence in order to avoid repeating the same mistakes of our forefathers. …

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

Book Reviews, Edward M. Roche, John Coale, Keely M. Fahoum, Leland Erickson, Mark J. Roberts, Millard E. Moon, Ed.D., Colonel (Ret.)

Journal of Strategic Security

No abstract provided.

Understanding The Appeal Of The Taliban In Pakistan, Syed Manzar Abbas Zaidi

Journal of Strategic Security

This article briefly explores the economics of the "Talibanization" of Pakistan within descriptive and contextual paradigms, while attempting to find a best solution to counter rising militancy in the context of realities facing the population on the ground. One such solution is the National Pakistani Counter Terrorism and Extremism Strategy (NACTES), designed to curb Taliban financing in Pakistan. The strategy is being drafted by National Counter Terrorism Authority (NACTA), the nascent homeland security coordination body set up by the state as the primary public organ entrusted with counterterrorism, counter-extremism, and de-radicalization efforts of the state.

Social Cohesion And Islamic Radicalization: Implications From The Uighur Insurgency, Tong Zhao

Journal of Strategic Security

This article starts with a critical review of the current literature on the Islamic radicalization and Uighur insurgency in Xinjiang, pointing out that existing literature focuses too narrowly on certain aspects of the Uighur insurgency, and is insufficient to explain the causal mechanism of the insurgency and Islamic radicalization. Built upon historical evidence, this article uses sociological analysis to explore the structural changes in the Uighur community over the past decades, and demonstrates the importance and effectiveness of social cohesion theory in identifying the key causal variables which underlie and determine the course of Uighur insurgency and Islamic radicalization. The …

Eriksonian Identity Theory In Counterterrorism, Cally O'Brien

Journal of Strategic Security

Certain terrorists come from unexpected backgrounds. They give up comfortable lives and opportunities in order to wage jihad. Their existence has puzzled various theorists since they came to light. This article will explain how a theory of psychosocial identity formation created by Erik Erikson and his student James Marcia may explain this phenomenon. It will also explain how Erikson's theoretical legacy has contributed to current attempts at increasing moderation in the Middle East through education. Many of those attempts reflect ideas that are drawn from Eriksonian theory, although they are not typically described in Eriksonian terms. Meanwhile, while some theorists …

Venus In Furs: Why False Confessions Are True, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the nature of truth and false confessions in the context of confession and interrogation.

Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions, Maia Goodell

Seattle University Law Review

Women have been serving in the military in steadily increasing numbers for decades. Nevertheless, the military remains one of the few areas in which the U.S. government decides what roles are open to women based on de jure exclusions. This Article examines the law governing de jure classification, noting that a mere normative belief about women’s proper place in society is an insufficient basis to justify a sex-based exclusion. It then probes the most common rationale advanced in support of the continued de jure exclusion of women: physical strength. The Article examines four problems with the physical strength rationale: (1) …

The Profiler's Story, Ibpp Editor

International Bulletin of Political Psychology

Courtesy of commercial television, we better be good. Or else the profilers will get us. It turns out that applied science and its sidekicks intuition and psychism (what psychics do) have our number. One step out of line and our number will be called, and we’ll be served our due comeuppance and just desserts. But is profiling more dessert or desert—or upon close inspection fated to desert us as a valuable tool in deterring or identifying perpetrators of egregious misbehavior? This article describes some implicit assumptions—as contradictory and interdependent as some may be—on which profiling often rests. For these purposes, …

Human Rights At The “Core” Of Uk Foreign Policy Requires Respect For Core Human Rights, Erin Mooney

Human Rights & Human Welfare

The true measure of whether human rights indeed are the "irreducible core" of the UK’s new foreign policy will be the extent to which the coalition government respects and protects “core” human rights.

Uk Foreign Policy And Human Rights, Par Engstrom

Human Rights & Human Welfare

William Hague’s assertion that human rights should constitute the “irreducible core” of foreign policy under the new UK coalition government may seem a radical departure for the new Foreign Secretary. Hague is, after all, a leading figure in the British Conservative Party, which in its recent election manifesto called for the repeal of the UK’s Human Rights Act that incorporates the European Convention on Human Rights into UK law. Given this profound ambivalence over the substantive value of human rights at home, the new UK government is not likely to adopt more assertive human rights policies abroad. Human rights advocates …

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 …

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

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 …

Spot Off: The Gao Takes On The Tsa’S Behavior Detection Program, Ibpp Editor

International Bulletin of Political Psychology

The United States Government Accountability Office (GAO) has recently Issued Efforts to Validate TSA’s Passenger Screening Behavior Detection Program Underway, but Opportunities Exist to Strengthen Validation and Address Operational Problems (May 2010, GAO-10-763). This IBPP article will describe and comment on the main GAO findings and additional data on which the findings are based. The article will end with some basic challenges to behavior detection as a useful security measure.

Peace Agreements And International Peace Operations: The Case Of Sierra Leone, Haruyuki Irie

Seton Hall University Dissertations and Theses (ETDs)

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Development Of An Outcomes-Based Undergraduate Curriculum In Homeland Security, James D. Ramsay, Daniel A. Cutrer, Robert Raffel

Security Studies & International Affairs - Daytona Beach

As a professional discipline, homeland security is complex, dynamic, and interdisciplinary and not given to facile definition. As an academic discipline, homeland security is relatively new and growing, and its workforce aging. As such, there is an acknowledged need to develop academic homeland security programs to try and meet anticipated workforce needs. However, the lack of an accreditation system or a set of available published outcomes (or standards) have complicated efforts towards homeland security program development. At present, determining which courses to teach and which outcomes in each course to pursue must be left to anecdotal conversations, reviews of the …

Development Of An Outcomes-Based Undergraduate Curriculum In Homeland Security, James D. Ramsay, Daniel Cutrer, Robert Raffel

Applied Aviation Sciences - Daytona Beach

As a professional discipline, homeland security is complex, dynamic, and interdisciplinary and not given to facile definition. As an academic discipline, homeland security is relatively new and growing, and its workforce aging. As such, there is an acknowledged need to develop academic homeland security programs to try and meet anticipated workforce needs. However, the lack of an accreditation system or a set of available published outcomes (or standards) have complicated efforts towards homeland security program development. At present, determining which courses to teach and which outcomes in each course to pursue must be left to anecdotal conversations, reviews of the …

Hope, Despair, And Human Rights, James Pattison

Human Rights & Human Welfare

Joshua Kurlantzick's “The Downfall of Human Rights” in Newsweek makes for a sobering read. The major Western states, he argues, are no longer interested in the promotion of human rights, but are instead focused on rebuilding themselves after the global recession. Kurlantzick notes further that the Obama administration avoids strong criticism of China, Russia, and other human rights violators because of its desire to demarcate itself from the previous administration's moralizing democracy promotion. To add to Kurlantzick's case for the West's lack of concern about human rights, one could cite the recent and blatantly human rights-violating anti-terror laws of several …

Ballistic Missile Defense: New Plans, Old Challenges, Elizabeth Zolotukhina

Journal of Strategic Security

On September 17, 2009—the 70th anniversary of the Soviet invasion of Poland in 1939 that marked the beginning of World War II—the Obama Administration announced its intention to shelve plans for the U.S. Ballistic Missile Defense (BMD) that had been developed under former President George W. Bush. Pointing to a new intelligence assessment, President Obama argued that his predecessor's plan to deploy an X-band radar station outside of Prague, Czech Republic, and 10 two-stage interceptor missiles in Poland would not adequately protect America and its European allies from the Iranian threat and reiterated his opposition to utilizing unproven technology in …

The Multiple Faces Of Effective Grand Strategy, Bryan N. Groves

Journal of Strategic Security

Effective national leaders throughout history have deliberately developed grand strategies and successfully implemented them to attain their political goals, while also integrating and accomplishing economic, social, defense, and sometimes religious objectives. Not all leaders have been successful, however, as this process is immensely complex and can be adversely affected by the actions of other leaders around their region and the world. It bears examination, then, to determine what factors contribute to successful grand strategies and why many leaders fail to reach their stated ends. This article utilizes a historic case study approach and explores three key areas of grand strategy: …

Indian Involvement In Afghanistan In The Context Of The South Asian Security System, Melanie Hanif

Journal of Strategic Security

This article focuses on the regional requirements for a pacification of Afghanistan. For this purpose, Afghanistan is analytically "reframed" as part of South Asia. The hypothesis is that India is the only regional actor that might possess both the incentives and the capabilities to deal with the negative security externalities emanating from Afghanistan.In South Asia, material characteristics such as the delineation of the region and its power polarity are unclear. India's role within the region is even more controversial. By examining India's role within its security environment, this paper will suggest how this lack of clarity could be remedied. In …

The Weakest Link: The Risks Associated With Social Networking Websites, Yosef Lehrman

Journal of Strategic Security

The relatively rapid rise in popularity of social networking services is now well known. MySpace, Twitter, and Facebook have become well known sites and terms. According to the Web traffic tracking site Alexa.com, as of December 2009, Facebook had 350 million registered users, MySpace just under 475 million, and Twitter 44.5 million. Many people think very little of posting prodigious amounts of personal information on social networking sites, not realizing that this information puts them at risk. Specifically, those in the law enforcement and military communities may not realize that information posted on these sites can compromise operational security and …

Small To Mid-Size Sporting Events: Are We Prepared To Recover From An Attack?, Brian M. Harrell, Konrad Crockford, Pierre Boisrond, Sarah Tharp-Hernandez, Suzanne Parker

Journal of Strategic Security

This article describes a fictional deadly attack by a lone-wolf terrorist during a high school football event in a small town, here in the United States. The authors begin by describing an attack and then focus on the response from the medical community, city, county, state, and federal government officials. Next, the authors make several recommendations on what actions are needed to develop an effective plan to combat terrorist activities during a small- to mid-size sports event. Among the actions needed, the authors focus on the following: response planning, emergency action plan, incident command, policies and procedures, and security staff …

Book Reviews, Edward J. Hagerty, Daniel Masters, Mark J. Roberts, Leland Ericson

Journal of Strategic Security

No abstract provided.

A Question Of Investment: Is Prevention Worth The Price?, Scott B. Smith, Christine G. Springer

Public Policy and Leadership Faculty Publications

In today’s calculus of public and private budgeting, an ounce of prevention may no longer be worth a pound of “cure.”

“Prevention” takes many forms: Preparing one’s family for an emergency. Buying life and property insurance. Buying corporate insurance. Having a sufficiently-sized and well-trained security workforce at your workplace. Supporting law enforcement efforts to get one step ahead of the bad guy (whether a criminal or a terrorist). Supporting entities like UNLV’s Institute for Security Studies whose sole raison d’etre is to make Las Vegas and Nevada a safe and secure place to live, work and visit.