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Articles 1 - 29 of 29
Full-Text Articles in Law
Updating Senator Borah: A Nuclear Kellogg-Briand Pact, David A. Koplow
Updating Senator Borah: A Nuclear Kellogg-Briand Pact, David A. Koplow
Georgetown Law Faculty Publications and Other Works
In recognizing the legacy of Senator William E. Borah, the author shares his remarks from the Borah Symposium at the University of Idaho, about the Senator's personality and character, his contribution and later characterization to international law and national security, specifically the 1928 Kellogg-Briand Pact, and finally, a proposal to a modern reincarnation to the Kellogg-Briand Pact and the newer threats of this era.
Transformative Disarmament: Crafting A Roadmap For Peace, Louise Arimatsu
Transformative Disarmament: Crafting A Roadmap For Peace, Louise Arimatsu
International Law Studies
Notwithstanding their absence in the formal structures of power, women have engaged actively with disarmament for over a century. Their activism has been rich and complex. It is, however, not a history that is generally familiar to those outside the world of feminist activism and scholarship. This article tells the story of feminist activism and scholarship and how women have sought to overcome exclusion, marginalization, and silencing in both policy and law in pursuit of what the author describes as a transformative disarmament agenda. It is concerned not only with women’s political activism and the struggle for equal participation in …
21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell
21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell
Mary Ellen O'Connell
The world faces tough arms control challenges from preventing the development and use of weapons of mass destruction to regulating the new weapons of the computer revolution. This article considers what works in arms control. Using military force in violation of international law to destroy nuclear facilities, to stop weapons shipments, or to punish the use of prohibited weapons typically fails. Diplomacy paired with lawful counter-measures has the superior track record. Reviving the art of diplomacy and re-committing to authentic international law will pay dividends in peace and security.
National Security Policy And Ratification Of The Comprehensive Test Ban Treaty, Winston P. Nagan, Erin K. Slemmens
National Security Policy And Ratification Of The Comprehensive Test Ban Treaty, Winston P. Nagan, Erin K. Slemmens
Winston P Nagan
While no legal obstacles prevent the U.S. Senate's reconsideration of the Comprehensive Nuclear-Test-Ban Treaty (CTBT), lingering doubts (about the effectiveness of the international treaty) and partisan politics (founded upon outdated ideologies of national sovereignty) may again foreclose the opportunity for the United States to lead a just and thorough regime of international arms control. By closely examining the U.S. Senate's previous rejection (and, by implication, the nation's non-ratification) of the CTBT, we assess the political process that failed to realize the security values now imperative to U.S. national defense. To this appraisal, we join analysis of the contemporary law, policy, …
The Legality Of President Reagan's Proposed Space-Based Ballistic Missile Defense System, John Topping
The Legality Of President Reagan's Proposed Space-Based Ballistic Missile Defense System, John Topping
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984., Dorinda G. Dallmeyer
Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984., Dorinda G. Dallmeyer
Georgia Journal of International & Comparative Law
No abstract provided.
Consequence, Weapons Of Mass Destruction, And The Fourth Amendment's "No-Win" Scenario, Scott J. Glick
Consequence, Weapons Of Mass Destruction, And The Fourth Amendment's "No-Win" Scenario, Scott J. Glick
Indiana Law Journal
No abstract provided.
21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell
21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell
Journal Articles
The world faces tough arms control challenges from preventing the development and use of weapons of mass destruction to regulating the new weapons of the computer revolution. This article considers what works in arms control. Using military force in violation of international law to destroy nuclear facilities, to stop weapons shipments, or to punish the use of prohibited weapons typically fails. Diplomacy paired with lawful counter-measures has the superior track record. Reviving the art of diplomacy and re-committing to authentic international law will pay dividends in peace and security.
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
• Another Mexican National Executed in Texas in Defiance of Avena Decision • Manhattan Arrest of Indian Consular Official Sparks Public Dispute Between the United States and India • United States Questions Claims Based on China’s “Nine-Dash Line” in the South China Sea • United States Takes Steps to Combat Illegal Trade in Wildlife • U.S. Compromises Facilitate Agreement on World Trade Organization’s Bali Package; Question Remains Whether Bali Package Requires Congressional Approval • Destruction of Syrian Chemical Arms Delayed • Iran Nuclear Agreement Is Implemented Notwithstanding Expressions of Distrust by Iran and the U.S. Congress
Nuclear Kellogg-Briand Pact: Proposing A Treaty For The Renunciation Of Nuclear Wars As An Instrument Of National Policy, David A. Koplow
Nuclear Kellogg-Briand Pact: Proposing A Treaty For The Renunciation Of Nuclear Wars As An Instrument Of National Policy, David A. Koplow
Georgetown Law Faculty Publications and Other Works
This article performs three functions. First, it offers a revisionist interpretation of the 1928 Kellogg-Briand Pact, the much-maligned treaty through which the key powers of the era, led by the United States, undertook to “outlaw” war, renouncing it as a tool of national policy and committing themselves to resort exclusively to pacific means for the resolution of their international disputes. Because of Kellogg-Briand’s inability to prevent the outbreak of World War II, the treaty has been derided for decades as a futile, utopian illusion, but this article argues that it was, in fact, a tremendous success in altering states’ attitudes …
Banning Autonomous Killing, Mary O'Connell
Banning Autonomous Killing, Mary O'Connell
Mary Ellen O'Connell
Scientific research on fully autonomous weapons systems is moving rapidly. At the current pace of discovery, such fully autonomous systems will be available to military arsenals within a few decades, if not a few years. These systems operate through computer programs that will both select and attack a target without human involvement after the program is activated. Looking to the law governing resort to military force, to relevant ethical considerations, as well as the practical experience of ten years of killing using unmanned systems (drones), the time is ripe to discuss a major multilateral treaty banning fully autonomous killing. Current …
Train Wreck: The U.S. Violation Of The Chemical Weapons Convention, David A. Koplow
Train Wreck: The U.S. Violation Of The Chemical Weapons Convention, David A. Koplow
Georgetown Law Faculty Publications and Other Works
The 1993 Chemical Weapons Convention (CWC) is one of the most important multilateral arms control instruments; it requires its 188 parties to refrain from producing, acquiring, retaining or using chemical weapons (CW) and to destroy their existing CW stockpiles by a fixed date. The United States and Russia declared the possession of the world’s largest CW inventories and have been working assiduously to incinerate, chemically neutralize or otherwise dispose of their respective caches. Unfortunately, neither country met the treaty’s April 29, 2012 final, non-extendable deadline. The United States managed to destroy 90% of its CW stocks on time, but under …
Law And Ethics For Robot Soldiers, Kenneth Anderson, Matthew C. Waxman
Law And Ethics For Robot Soldiers, Kenneth Anderson, Matthew C. Waxman
Faculty Scholarship
Lethal autonomous machines will inevitably enter the future battlefield – but they will do so incrementally, one small step at a time. The combination of inevitable and incremental development raises not only complex strategic and operational questions but also profound legal and ethical ones. The inevitability of these technologies comes from both supply-side and demand-side factors. Advances in sensor and computational technologies will supply “smarter” machines that can be programmed to kill or destroy, while the increasing tempo of military operations and political pressures to protect one’s own personnel and civilian persons and property will demand continuing research, development, and …
National Security Policy And Ratification Of The Comprehensive Test Ban Treaty, Winston P. Nagan, Erin K. Slemmens
National Security Policy And Ratification Of The Comprehensive Test Ban Treaty, Winston P. Nagan, Erin K. Slemmens
UF Law Faculty Publications
While no legal obstacles prevent the U.S. Senate's reconsideration of the Comprehensive Nuclear-Test-Ban Treaty (CTBT), lingering doubts (about the effectiveness of the international treaty) and partisan politics (founded upon outdated ideologies of national sovereignty) may again foreclose the opportunity for the United States to lead a just and thorough regime of international arms control. By closely examining the U.S. Senate's previous rejection (and, by implication, the nation's non-ratification) of the CTBT, we assess the political process that failed to realize the security values now imperative to U.S. national defense. To this appraisal, we join analysis of the contemporary law, policy, …
Asat-Isfaction: Customary International Law And The Regulation Of Anti-Satellite Weapons, David A. Koplow
Asat-Isfaction: Customary International Law And The Regulation Of Anti-Satellite Weapons, David A. Koplow
Georgetown Law Faculty Publications and Other Works
This article asserts the thesis that customary international law (CIL), even in the absence of any new treaty, already provides a legal regime constraining the testing and use in combat of anti-satellite (ASAT) weapons. This argument, if validated, is important for both legal and public policy considerations: the world (especially, but not only, the United States) has grown increasingly dependent upon satellites for the performance of a wide array of commercial and military functions. At the same time, because of this growing reliance (and hence vulnerability), interest has surged in developing novel systems for attacking a potential enemy’s satellites – …
Dionysian Disarmament: Security Coucil Wmd Coercive Disarmament Measures And Their Legal Implication, James D. Fry
Dionysian Disarmament: Security Coucil Wmd Coercive Disarmament Measures And Their Legal Implication, James D. Fry
Michigan Journal of International Law
This Article provides the first comprehensive legal analysis of the Security Council's coercive disarmament and arms control measures involving weapons of mass destruction (WMD). In the process of providing this legal analysis, it presents a fresh perspective on a variety of widely held beliefs about disarmament and arms control law, as well as about U.N. law.
Inadequate Checks And Balances: Critiquing The Imbalance Of Power In Arms Export Regulation, Charles L. Capito Iii
Inadequate Checks And Balances: Critiquing The Imbalance Of Power In Arms Export Regulation, Charles L. Capito Iii
Washington and Lee Law Review
No abstract provided.
The Spy Who Came In From The Cold War: Intelligence And International Law, Simon Chesterman
The Spy Who Came In From The Cold War: Intelligence And International Law, Simon Chesterman
Michigan Journal of International Law
This Article will focus on the narrower questions of whether obtaining secret intelligence-that is, without the consent of the state that controls the information-is subject to international legal norms or constraints, and what restrictions, if any, control the use of this information once obtained. Traditional approaches to the question of the legitimacy of spying, when even asked, typically settle on one of two positions: either collecting secret intelligence remains illegal despite consistent practice, or apparent tolerance has led to a "deep but reluctant admission of the lawfulness of such intelligence gathering, when conducted within customary normative limits.” Other writers have …
The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler
The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler
Michigan Journal of International Law
In this Article, the author attempts a comprehensive international legal analysis of "non-lethal" weapons to raise awareness about how many international legal issues they create and about the complexity of analyzing the international legality of the development and use of these weapons. In short, the emergence of "non-lethal" weapons does not rescue international law from its crisis in connection with controlling war. Indeed, in some respects, the coming of "non-lethal" weapons threatens to deepen that crisis in new and disturbing ways.
The Potential Contribution Of The Chemical Weapons Convention To Combatting Terrorism, Cecil Hunt
The Potential Contribution Of The Chemical Weapons Convention To Combatting Terrorism, Cecil Hunt
Michigan Journal of International Law
This paper includes an identification and brief assessment of features of the CWC that could be helpful in dealing with the danger of use of chemical weapons in terrorist activity. They are presented under six headings which should be viewed as theses. For some of these theses this paper can offer little support, but points, instead, to missed opportunities and to the need for further efforts.
Advancing The Law Of Weapons Control - Comparative Approaches To Strengthen Nuclear Non-Proliferation, David S. Gualtieri, Barry Kellman, Kenneth E. Apt, Edward A. Tanzman
Advancing The Law Of Weapons Control - Comparative Approaches To Strengthen Nuclear Non-Proliferation, David S. Gualtieri, Barry Kellman, Kenneth E. Apt, Edward A. Tanzman
Michigan Journal of International Law
This article analyzes in-depth the SAGSI recommendation that more effective safeguards draw upon "the elements (including the managed access provisions) contained in Part X of the Verification Annex to the Convention on the Prohibition of Chemical Weapons.” SAGSI found that the Chemical Weapons Convention (CWC) offers approaches for verification and investigation that may be adaptable to the NPT.
Carrying A Big Carrot: Linking Multilateral Disarmament And Development Assistance, David A. Koplow, Philip G. Schrag
Carrying A Big Carrot: Linking Multilateral Disarmament And Development Assistance, David A. Koplow, Philip G. Schrag
Georgetown Law Faculty Publications and Other Works
This article proposes, as a new element of the "liberal internationalism" that should characterize the post-Cold War world, a simultaneous solution to these three problems. The nations of the world should negotiate a series of multilateral agreements to stop the spread of advanced weaponry, and include in each of them, as an overt incentive for developing states to accept the disarmament and verification obligations, provisions that explicitly require the affluent, developed states to make specified monetary and in-kind transfers to the third world parties. The new regime should also provide stronger-than-customary treaty procedures for clarifying ambiguities, adjudicating claims, and resolving …
Interpreting The Withdrawal Clause In Arms Control Treaties, Cindy A. Cohn
Interpreting The Withdrawal Clause In Arms Control Treaties, Cindy A. Cohn
Michigan Journal of International Law
This Note argues that although a danger to future arms control may exist, a treaty clause must be susceptible to interpretation and boundaries of use which are in harmony with general international law principles. As Professor Schwelb has stated: "[I]t cannot have been… the intention of the parties to throw the principle of pacta sunt servanda overboard in favor of the anarchic idea of the unfettered right of a sovereign state to free itself unilaterally from a treaty obligation." Although Schwelb admits that the Clause itself is subject to "auto-interpretation" by the states parties to the treaty, he adds that …
The Crisis In Arms Control, Harold K. Jacobson
The Crisis In Arms Control, Harold K. Jacobson
Michigan Law Review
There is general agreement among observers of contemporary international affairs, and national and international officials from all sides, that there is a serious crisis in arms control. As of January 1984, the Soviet Union had broken off two major arms control negotiations: the Intermediate- Range Nuclear Force Talks (INF) and the Strategic Arms Reduction Talks (START). Negotiations in the United Nations Conference on Disarmament (CD) on a variety of arms control issues were stalemated. The United States was engaged in a large-scale military build up, and there was no sign that the Soviet Union would abate the extensive military programs …
International Traffic In Arms -- Legal And Political Aspects Of A Long Neglected Problem Of Arms Control And Disarmament, Jost Delbruck
International Traffic In Arms -- Legal And Political Aspects Of A Long Neglected Problem Of Arms Control And Disarmament, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
The Objectives Of Arms Control, James A. Barber Jr.
The Objectives Of Arms Control, James A. Barber Jr.
International Law Studies
No abstract provided.
What's Left Of Salt?, Richard T. Ackley
What's Left Of Salt?, Richard T. Ackley
International Law Studies
No abstract provided.
Soviet·American Arms Negotiations-1960-68: A Prelude For Salt, Eric W. Hayden
Soviet·American Arms Negotiations-1960-68: A Prelude For Salt, Eric W. Hayden
International Law Studies
No abstract provided.
Jacobson: Diplomats, Scientists, And Politicians: The United States And The Nuclear Test Ban Negotiations, Bernard G. Bechhoefer
Jacobson: Diplomats, Scientists, And Politicians: The United States And The Nuclear Test Ban Negotiations, Bernard G. Bechhoefer
Michigan Law Review
A Review of Diplomats, Scientists, and Politicians: The United States and the Nuclear Test Ban Negotiations by Harold Karan Jacobson and Eric Stein.