Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
- Publication Type
Articles 1 - 16 of 16
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.
Free From The Scourge Of War: Defense Contractors Exporting On Behalf Of The U.S. Government, Samantha Cook
Free From The Scourge Of War: Defense Contractors Exporting On Behalf Of The U.S. Government, Samantha Cook
Duquesne Law Review
No abstract provided.
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(CTBT), lingering doubts (about the effectiveness of the international treaty) and partisan politics (founded upon outdated ideologies of national sovereignty) may again foreclose the opportunity for the United States to lead a just and thorough regime of international arms control.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.
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.
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 …
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 …
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, …
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.
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 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.
U.S. Government Control Over The Export Of Scientific Research And Other Technical Data: Holes In The Sieve, Robert Greenspoon
U.S. Government Control Over The Export Of Scientific Research And Other Technical Data: Holes In The Sieve, Robert Greenspoon
Michigan Journal of International Law
In Part I, I establish the backdrop for answering the question by describing the kinds of scientific data that might be subject to security classification and export licensing. In Part II, I outline briefly who chooses what should be restricted and who enforces these restrictions. In Part III, I describe several situations in which the federal government has vigorously enforced controls over the dissemination of scientific information. I also analyze two recent cases involving computer software that I believe analogize directly to the scientific endeavor. Finally, in Part IV, I explain why First Amendment barriers, the growth of the Internet …
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 …
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.