Law Commons^™

Using Force On Land To Suppress Piracy At Sea: The Legal Landscape Of A Largely Untapped Strategy, Steven R. Obert

National Security Law Program

On May 14, 2012, a combat helicopter operated by European Union Naval Forces (EUNAVFOR) struck a pirate base ashore in Somalia. The raid destroyed several fiberglass skiffs on the beach in Haradheere, a town on the coast of central Somalia. The attack represented a new tactic used in the protracted and evolving international effort to fight maritime piracy off the coast of Somalia. It was the first time that force ashore, first authorized by the United Nations Security Council in 2008, had been publicly acknowledged.

Though recently receding, piracy off the coast of Somalia has had a destabilizing effect on …

Incomplete Law, Katharina Pistor, Chenggang Xu

Faculty Scholarship

This Article develops a framework for analyzing the relation between basic features of statutory and case law and the design and functioning of institutions that enforce this law. The basic premise is that law is inherently incomplete and that this has important implications for law enforcement. In particular, when law is incomplete, special emphasis needs to be placed on the allocation of lawmaking and law enforcement powers (LMLEP) to different institutions such as legislatures, courts, or regulators, in order to attain optimal levels of law enforcement. Using the development of the legal framework governing financial markets as an example to …

Sanctions Against Perpetrators Of Terrorism, Lori Fisler Damrosch

Faculty Scholarship

Since the title for this panel is "Presidential Uses of Force and Other Sanction Strategies," I will begin with "other sanction strategies" – that is, other than use of force. I would rather not be cast in the role of the dove on the panel to comment on illegitimacy of uses of force (presidential or otherwise), because I do not want to rule out or necessarily oppose presidential uses of force for counter-terrorism purposes in all circumstances. Indeed, I find myself in considerable agreement with Professor Reisman's lecture. Although I have disagreed with some of his writings and positions on …