National Security Law Commons^™

Energy And The Environment: Confronting Common Threats To Security, Lakshman Guruswamy

Publications

No abstract provided.

Back To The Future And Up To The Sky: Legal Implications Of ‘Open Skies’ Inspection For Arms Control, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The United States, the Soviet Union, and their respective allies are currently engaged in the negotiation of a new arms control agreement on "Open Skies," reviving a failed concept from the 1950s. The treaty would permit each country to overfly the others on short notice and with great frequency, and to use diverse, sophisticated sensors to photograph key military and defense-related installations. This type of mutual intelligencegathering arrangement offers great advantages for national security and global stability, reducing the possibility of surprise attack and accordingly mitigating the necessity for maintaining large, offsetting military deployments. At the same time, however, the …

Right V. Might: International Law And The Use Of Force, Craig T. Smith

Michigan Law Review

A Review of Right v. Might: International Law and the Use of Force Edited by The Council on Foreign Relations

Long Arms And Chemical Arms: Extraterritoriality And The Draft Chemical Weapons Convention, David A. Koplow

Georgetown Law Faculty Publications and Other Works

Chemical warfare has long been considered a particularly loathsome form of combat. The specter of unprotected soldiers and nearby noncombatants incapacitated or killed within moments by invisible, silent, odorless vapors discharged by a far-distant enemy has terrified many, and has also energized repeated international attempts to prohibit, or at least to moderate, these applications of deadly science.

The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, Harry G. Prince

Michigan Journal of International Law

This study first considers the procedural requirements for proper termination and concludes that Security Council approval is required. Second, this writing identifies the major issues that should be considered if the proposed termination of the Trusteeship Agreement for Micronesia is subjected to Security Council review. Two basic concerns should be the propriety of the division of the Trust Territory into four separate entities and the legitimacy of the agreements between the new governments and the United States for continuing relations as either commonwealth or freely associated states. The history of and practice under the trusteeship system indicate that the particular …

U.N. General Assembly Meetings Held Outside New York, Yehuda Z. Blum

Michigan Journal of International Law

The decision taken by the United Nations General Assembly on December 2, 1988 "to consider the question of Palestine… in plenary, at the United Nations Office at Geneva during the period from December 13-15, 1988" has raised some questions regarding the procedural requirements that have to be fulfilled for General Assembly meetings to be held away from U.N. Headquarters in New York. For a better understanding of the issues involved, it would seem appropriate to summarize briefly the background and developments that led to the General Assembly's decision.

Constitutional Bait And Switch: Executive Reinterpretation Of Arms Control Treaties, David A. Koplow

Georgetown Law Faculty Publications and Other Works

A new constitutional crisis has been thrust upon the American body politic. The crisis arises from a dispute concerning the allocation of legal authority for the interpretation, and especially for the reinterpretation, of international agreements. Once a sleepy backwater reserved for specialized scholars, the issue of treaty interpretation has drawn the President and Congress into stark confrontation and generated splashy headlines.

International Law And Terrorism: Age-Old Problems, Different Targets, Sharon A. Williams

Articles & Book Chapters

In the context of increasing terrorist attacks and a unified, internal approach to addressing the problem, this article will consider the following issues: first, should the eradication of the so-called "root causes" of terrorism take precedence over conventions to suppress or punish terrorists; second, the gaps that have been found in the existing multilateral convention approach to international terrorism, and third, the steps that have been taken recently by the concerned specialized agencies of the United Nations to remedy the situation.

Foreign Relations And National Security Law, Stuart S. Malawer

Vanderbilt Journal of Transnational Law

"Foreign relations law" as it relates to foreign policy and national security is an area of specialization that has recently witnessed publication of two significant works. A third major publication has already appeared in final draft and is about to be printed. These publications evidence the growth of foreign relations law and validate it as a separate field of study. This distinct area of the law draws subjects from other areas, which are all too often given minimal attention, into a coherent course with a specific focus.

Foreign relations law should be the introductory course in international studies in law …

Policy, Procedures, And People: Governmental Response To A Privately Initiated Nuclear Test Monitoring Project As A Case Study In National Security Decision-Making, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

This article applies the Allisonian framework to the U.S. Government's response to a private arms control initiative undertaken in 1986 by the Natural Resources Defense Council (NRDC), an environmental organization. This case lends itself to fruitful analysis for several reasons. First, while it fits the criteria for second-level decisions, it also involves a critical area of international relations-the control of nuclear weapons. Second, the involvement of numerous government agencies in the project presents ample opportunity to examine processes within and among agencies. Third, the reaction of the United States appears, at first blush, to have been ambivalent or inconsistent, for …

Arms Control Inspection: Constitutional Restriction On Treaty Verification In The United States, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The United States and the Soviet Union recently signed a treaty that eliminates an entire class of nuclear arms, and allows more intrusive verification procedures than ever before. As technology improves and verification becomes even more central in arms control negotiations, Professor Koplow warns that the United States Constitution limits the types of verification procedures to which the United States can agree. After reviewing existing United States-Soviet Union arms control treaties and agreements, Professor Koplow examines potential verification procedures in light of the fourth amendment's protection of United States citizens from government intrusion. He argues that although many contemplated verification …

Keeping "The Wild" Out Of "The Wild Blue Yonder": Preventing Terrorist Attacks Against International Flights In Civil Aviation, David L. Glassman

Penn State International Law Review (1982 - 2011)

This comment begins by discussing the ineffectiveness of ex post facto measures in controlling terrorism. It then describes the preventive - or "pre-attack" - measures which nations and their air carriers should take in order to secure aircraft prior to departure. In this respect, the annexes amending the Convention on International Civil Aviation will be emphasized insofar as they relate to aviation security precautions. Finally, the comment focuses upon the methods by which states can enforce the provisions of the annexes against one another.

The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau

Michigan Journal of International Law

This article does not attempt to deal with all of the multifarious aspects of contemporary terrorism; its ambition is much more modest in scope, centering upon traditional legal mechanisms and doctrines that can be adapted to deal with terrorism. Using the decisional law of France as an illustrative model, this article analyzes the transnational and political character of terrorist acts and seeks to establish the implications of those characteristics for litigation dealing with the extradition of terrorist offenders. Several assumptions underlie the analysis. First, the effort to repress international crime is seen as a laudable objective of the international legal …

Political Factors In The Formulation Of National Strategy, Harold D. Lasswell

International Law Studies

No abstract provided.

Soviet·American Arms Negotiations-1960-68: A Prelude For Salt, Eric W. Hayden

International Law Studies

No abstract provided.

What's Left Of Salt?, Richard T. Ackley

International Law Studies

No abstract provided.

The National Executive And The Use Of The Armed Forces Abroad, John Norton Moore

International Law Studies

No abstract provided.

Presidential Control Of Nuclear Weapons In Limited War Situations, Hugh F. Lynch

International Law Studies

No abstract provided.

Recent Development--Panama Canal Treaties, David M. Himmelreich

Vanderbilt Journal of Transnational Law

Given its strategic interest in the Canal, it might well be asked why the United States would sign a Treaty which does not give an unambiguous right of intervention. Under the Treaty, the United States has at best only a weak legal justification for intervention, which will be useful in domestic politics should the popular opposition to "giving the Canal away" become critical, but which will be much less convincing elsewhere. World opinion is suspicious of the reliance of any great power on intervention, regardless of the legal rationale. The justification will be least persuasive in Latin America where there …

Covert Intervention And International Law, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Extraterritorial Jurisdiction And Jurisdiction Following Forcible Abduction: A New Israeli Precedent In International Law, Michigan Law Review

Michigan Law Review

An Israeli military court recently convicted Faik Bulut, a twenty three-year-old Turkish citizen, of the offense of belonging to Al-Fatah in Lebanon and Syria and sentenced him to seven years in prison. Bulut was captured in February 1972 during an Israeli raid 100 miles into Lebanon. Ten fedayeen, who were captured in Lebanon later in 1972, were scheduled to follow Bulut into court to be tried for the same offense. These are the first cases to be tried under a 1972 amendment to the Israeli Penal Law (Offenses Committed Abroad), which states in part: "The courts in Israel are competent …

The Amending Of Articles 23 And 27 Of The United Nations Charter: A Mathematical Analysis, Robert S. Junn

Vanderbilt Journal of Transnational Law

From the time of the San Francisco Conference, the composition of the Security Council and its voting procedure was most severely criticized. The basic criticism had been the veto power of the five permanent members on substantive resolutions. This resulted in a long and vigorous political struggle on the part of the non-veto members of the Organization to amend the Charter in order to increase their voting strength in the Security Council. When the changes on membership and voting procedure came into force on August 31, 1965, a great victory was claimed. This case of the United Nations is intriguing …

Diplomats, Scientists, And Politicians: The United States And The Nuclear Test Ban Negotiations, Harold Karan Jacobson, Eric Stein

Michigan Legal Studies Series

This study began in 1961 as a limited attempt to assess the impact of science and modern technology on the negotiating process and concepts of international organization, using the test ban negotiations then in progress as a case study. When the Moscow Treaty was signed, however, it seemed wise to broaden the focus and to capture as many of the details as we could that might help to explain this first formal arms control agreement between East and West in the nuclear age. Our analysis is clearly not definitive, but hopefully, it will be a useful source, even after all …

Space Communications And The Law: Adequate International Control After 1963?, Samuel D. Estep, Amalya L. Kearse

Michigan Law Review

During the current year, a space event of legal and technological significance will occur. The American Telephone and Telegraph Company (A.T. & T.), using the launching facilities of the National Aeronautics and Space Administration (NASA), will launch its first satellite for research in the area of commercial communications.† The A.T. & T. sphere will be the first tested by a private, commercial organization specifically for business purposes- to implement a plan eventually to provide increased and improved telecommunications on a grand scale at a lower cost. The satellite will relay television signals from the United States to England, Germany, and …

The Law-Making Treaties Of The International Telecommunication Union Through Time And In Space, J. Henry Glazer

Michigan Law Review

On the twenty-fifth of June, the Government of the United States of America received an invitation to attend in Russia a conference of plenipotentiaries to consider the revision of an important multilateral convention. Since the conference involved matters which, by American municipal practice, were solely within the competence of private enterprise and not subject to the control of government, the United States at first refused to attend. Russia, however, assured the United States that representatives of private enterprises would be welcome. Relations between these two countries were on such a friendly basis that the United States accepted the invitation extended …

International Law-Jurisdictional Immunity Of United Nations Employees-The Gubitchev Case, Melvin J. Spencer S.Ed.

Michigan Law Review

Diplomatic officers are immune from the criminal jurisdiction of the receiving state under well-recognized principles of customary international law, which principles are said to be a part of the law of the United States. As international organizations developed, certain privileges and immunities were given to their personnel by treaties or agreements and it appeared that by common consent of the family of nations their right to immunities might also come to be recognized as a principle of the law of nations. As yet the United States has not recognized such a principle and jurisdictional immunity here must still be provided …

The New Law Of Nations, Edwin D. Dickinson

Articles

"In these disillusioned years which are the aftermath of the World War the law of nations has come to be regarded in many quarters with a kind of sophisticated skepticism. It is freely asserted that the law has proved a futile reliance, that it has broken down, and it is asked--with an air of unbelief too obvious to be misunderstood--What is there that is ever likely to be done about it?"

Table Of Contents

International Law Studies

No abstract provided.