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Articles 31 - 60 of 4049
Full-Text Articles in Law
Securing The Void: Assessing The Dynamic Threat Landscape Of Space, Brianna Bace, Dr. Unal Tatar
Securing The Void: Assessing The Dynamic Threat Landscape Of Space, Brianna Bace, Dr. Unal Tatar
Military Cyber Affairs
Outer space is a strategic and multifaceted domain that is a crossroads for political, military, and economic interests. From a defense perspective, the U.S. military and intelligence community rely heavily on satellite networks to meet national security objectives and execute military operations and intelligence gathering. This paper examines the evolving threat landscape of the space sector, encompassing natural and man-made perils, emphasizing the rise of cyber threats and the complexity introduced by dual-use technology and commercialization. It also explores the implications for security and resilience, advocating for collaborative efforts among international organizations, governments, and industry to safeguard the space sector.
Commercial Enablers Of China’S Cyber-Intelligence And Information Operations, Ethan Mansour, Victor Mukora
Commercial Enablers Of China’S Cyber-Intelligence And Information Operations, Ethan Mansour, Victor Mukora
Military Cyber Affairs
In a globally commercialized information environment, China uses evolving commercial enabler networks to position and project its goals. They do this through cyber, intelligence, and information operations. This paper breaks down the types of commercial enablers and how they are used operationally. It will also address the CCP's strategy to gather and influence foreign and domestic populations throughout cyberspace. Finally, we conclude with recommendations for mitigating the influence of PRC commercial enablers.
The Humanization Of War Reparations: Combatant Deaths And Compensation In Unlawful Wars, Hannes Jöbstl, Dean Rosenberg
The Humanization Of War Reparations: Combatant Deaths And Compensation In Unlawful Wars, Hannes Jöbstl, Dean Rosenberg
Michigan Journal of International Law
Recent events have sparked a renewed interest in the law and practice of war reparations. While today it is uncontroversial that unlawful uses of force, including acts of aggression, entail the obligation of the wrongdoing state to make reparations, including by way of compensation, the precise extent of this obligation remains subject to debate. One particularly contentious aspect is whether, and to what extent, states that violate the prohibition on the use of force are obligated to pay compensation not only for harm caused to civilians and civilian objects, but also for damage caused to the armed forces of the …
Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis
Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis
Brooklyn Journal of International Law
NATO is the largest peacekeeping military alliance in the world and is not yet done growing. Recent events in Ukraine have reinforced the importance of NATO as a defensive alliance. New threats, both internal and external, are emerging. Intra-alliance conflicts over ideological agreements, border disputes, and member contributions put the fate of the organization at risk. To retain its strength as it grows, NATO must develop stronger cohesion between member states to ensure effectiveness and prevent dissolution. This Note uses the recently reignited conflict between Greece and Turkey—NATO members and belligerent neighbors—to demonstrate the pressing need and peacekeeping utility of …
Thai Drug Offenses And Narcotic Charges: Tracing Thailand’S Drug Control And Capital Punishment History, Jonathan Hasson
Thai Drug Offenses And Narcotic Charges: Tracing Thailand’S Drug Control And Capital Punishment History, Jonathan Hasson
Brooklyn Journal of International Law
The Article examines Thailand's political economy of drugs and use of sanctions, including capital punishment, using a historical approach. It traces Thailand's nation building and emergence as a global hub for illicit drugs against the backdrop of European and US interventions since the colonial era. The Article reveals how Western concepts and discourses were appropriated by Thai elites to advance local agendas while suppressing democratic movements. The Article explores how the drug trade became entangled with government corruption, militarization, and extrajudicial state violence which often targeted ethnic minorities. In light of recent cannabis policy changes, the Article considers the historical …
Cyberspace And The Jus Ad Bellum: The State Of Play, Michael N. Schmitt, Anusha S. Pakkam
Cyberspace And The Jus Ad Bellum: The State Of Play, Michael N. Schmitt, Anusha S. Pakkam
International Law Studies
This article examines how States are interpreting one aspect of the international law governing cyber activities, the jus ad bellum. The article focuses on two issues: (1) the prohibition on the use of force found in Article 2(4) of the UN Charter, and (2) the right of self-defense in Article 51. The critical unsettled question regarding the first issue is the threshold at which a hostile cyber operation can be characterized as a “use of force” subject to the prohibition of Article 2(4). Concerning the second issue, a number of unresolved questions plague the application of the right of …
Defiance, Lackland H. Bloom Jr
The Politics And Consequences Of State Secession, Olawale Olumodimu
The Politics And Consequences Of State Secession, Olawale Olumodimu
St. Mary's Law Journal
This Article argues that the non-express prohibition of state secession in the Nigerian Constitution does not automatically allow component states to break away unilaterally. It appears the framers of the Constitution wanted to ensure political continuity and national unity rather than allow for Nigeria’s disintegration. Beyond Nigeria, international law only allows unilateral secession in the context of decolonization and the people’s right to self-determination.
Nigeria has a responsibility to provide self-determination to its citizens; however, secession is not a legal channel to seek self-determination in the absence of targeted, widespread, or systemic criminal acts committed by or on behalf of …
Shots Fired, Shots Refused: Scientific, Ethical & Legal Challenges Surrounding The U.S. Military's Covid-19 Vaccine Mandate, Shawn Mckelvy, L. William Uhl, Armand Balboni
Shots Fired, Shots Refused: Scientific, Ethical & Legal Challenges Surrounding The U.S. Military's Covid-19 Vaccine Mandate, Shawn Mckelvy, L. William Uhl, Armand Balboni
St. Mary's Law Journal
The COVID-19 pandemic provided uncertain and challenging circumstances under which to lead a nation and the military that protects it. Those in charge and in command faced unique challenges—scientific, ethical, and legal—at our various levels of government to both keep people safe while keeping government and society functioning. While there were many successes to celebrate, there are also many criticisms for how this “whole-of-government approach” may have degraded some of our most cherished liberties along the way. The authors focus on the U.S. military’s vaccine mandate and propose military leaders may have failed to fully consider the evolving science, weigh …
The Cartoon Physics Of The Court-Martial, John M. Bickers
The Cartoon Physics Of The Court-Martial, John M. Bickers
West Virginia Law Review
No abstract provided.
Manna From Heaven: The Benefits Of A Uniform Drone Statute In The State Of Mississippi, J. Mason Wood
Manna From Heaven: The Benefits Of A Uniform Drone Statute In The State Of Mississippi, J. Mason Wood
Mississippi College Law Review
Drones surround us. They are in the Middle East, assisting the United States military in carrying out its missions. They are around our businesses, used by professional photographers, farmers, insurance adjusters, and countless other professionals in a growing number of commercial applications. With the sales of drones expected to skyrocket over the next several years, the state of Mississippi should enact regulations in order to restrict and take advantage of their use.
Parameters Spring 2024, Usawc Press
Parameters Spring 2024, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
From The Editor In Chief, Antulio J. Echevarria Ii
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!
Us-Taiwan Relations And The Future Of The Liberal Order, Christina Lai
Us-Taiwan Relations And The Future Of The Liberal 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.
International Law, Self-Defense, And The Israel-Hamas Conflict, Eric A. Heinze
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 …
Strategy As Problem-Solving, Andrew Carr
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.
Rethinking The Relevance Of Self-Deterrence, Jeffrey H. Michaels
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.
China's Use Of Nontraditional Strategic Landpower In Asia, Sheena Chestnut Greitens
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.
Why Outlaw Laws?: An Argument For A Probationary Period For Lethal Autonomous Weapons Systems Under Meaningful Human Control., Katherine E. Vuyk
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”, Lucy V. Jordan
“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 …
Engaging The Base: Using Veterans Treatment Courts In Missouri To Address Core Issues, Evan Rodriguez
Engaging The Base: Using Veterans Treatment Courts In Missouri To Address Core Issues, Evan Rodriguez
UMKC Law Review
With a per capita veteran population surpassing the national average, Missouri presents its veterans with unique challenges in their day-to-day lives. For example, nearly one-third of Missouri veterans are disabled, compared to one-sixth of civilians. The State established the Missouri Veterans Commission, which supports veterans and their families with the veteran-specific obstacles they face. To that end, Missouri offers the second highest number of veteran benefits of any state in the country.
Like all groups of people, some veterans will unfortunately enter the criminal justice system due to varying factors. Veterans Treatment Courts ("VTCs") originated to address veteran-specific reasons for …
Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs
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 …
Military Justice And Modernity, Eugene R. Fidell, James A. Young
Military Justice And Modernity, Eugene R. Fidell, James A. Young
Villanova Law Review
No abstract provided.
Panel 3: A Fireside Chat With The Honorable Judge M. Tia Johnson, The Honorable Judge M. Tia Johnson
Panel 3: A Fireside Chat With The Honorable Judge M. Tia Johnson, The Honorable Judge M. Tia Johnson
Villanova Law Review
No abstract provided.
Nonjudicial Punishment, Franklin D. Rosenblatt
Nonjudicial Punishment, Franklin D. Rosenblatt
Villanova Law Review
No abstract provided.
Retiring Military Jurisdiction Over Military Retirees, Robert Leider
Retiring Military Jurisdiction Over Military Retirees, Robert Leider
Villanova Law Review
No abstract provided.
The Military Justice Decrescendo, Dwight H. Sullivan
The Military Justice Decrescendo, Dwight H. Sullivan
Villanova Law Review
No abstract provided.
Veterans Treatment Courts: Broadening Eligibility For Veterans Convicted Of Violent Offenses, Mark Dela Peña
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 …
Updating The Caroline Doctrine: A Relic In An Age Of Hypersonic Weapons, David S. Jonas, Tyler Breeden
Updating The Caroline Doctrine: A Relic In An Age Of Hypersonic Weapons, David S. Jonas, Tyler Breeden
American University International Law Review
The United States dropped “Little Boy” and “Fat Man” on the cities of Hiroshima and Nagasaki in 1945, bringing an end to World War II and killing between 110,000 and 210,000 people. Japan surely needed much more than rock and roll to help them—especially since Japan had no nuclear weapons of their own to deter the United States from attacking with nuclear weapons. Nuclear weapons technology has evolved considerably in the years since 1945, when only the United States possessed nuclear weapons. Nine states now have or are suspected of having them, and at least one other state appears to …
Uncle Sam Wants You, Unless You’Re Trans: How Greene V. Mcelroy Allows Discrimination In The Military, Amy Vedder
Uncle Sam Wants You, Unless You’Re Trans: How Greene V. Mcelroy Allows Discrimination In The Military, Amy Vedder
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.