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Articles 3181 - 3210 of 3398

Full-Text Articles in National Security Law

Above All, Do No Harm: The Application Of The Exon-Florio Amendment To Dual-Use Technologies, Gerald T. Nowak Jan 1992

Above All, Do No Harm: The Application Of The Exon-Florio Amendment To Dual-Use Technologies, Gerald T. Nowak

Michigan Journal of International Law

In support of this proposition, this Note will first examine the legislative history and executive enforcement of the Exon-Florio Amendment, followed by a discussion of the goals of Exon-Florio and the applicability of Exon-Florio to dual-use technologies. Then, after an examination of the attitudes and experience of the European Community with regards to such protectionism, specifically in France and the United Kingdom, this Note will argue that vigorous enforcement of the Exon-Florio Amendment, and a fortiori passage of the Technology Preservation Act, is likely to result in less, not more, domestic production of dual-use technologies. As a matter of defense …

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When Is An Amendment Not An Amendment? Modification Of Arms Control Agreements Without The Senate, David A. Koplow Jan 1992

When Is An Amendment Not An Amendment? Modification Of Arms Control Agreements Without The Senate, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The tempest over the proposed "reinterpretation" of the Anti- Ballistic Missile Treaty has only barely been stilled, and the full impact of the dissolution and reorganization of the Soviet Union is far from clear. But already we can detect early warnings about the next probable source of intense constitutional conflict between the American executive branch and the Congress in their ongoing struggle for primacy in the conduct of United States foreign relations. This imminent battle-again arising in the context of disarmament treaties, perhaps the most controversial and crucial aspect of America's international public policy-has not yet been fully joined. But …

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The Jurisprudence Of Non-Proliferation: Taking International Law Seriously, David A. Koplow Jan 1992

The Jurisprudence Of Non-Proliferation: Taking International Law Seriously, David A. Koplow

Georgetown Law Faculty Publications and Other Works

This essay is about the power of the international law of nonproliferation- its mounting power in the world today and its properly augmented power in an enlightened future. The article focuses on three primary areas in which international law may play a greater role than is commonly appreciated in affecting the behavior of potential proliferators, their suppliers, and their resolute opponents. The three topics-areas in which the essay pleads for law to be taken even more seriously, and by a wider audience of governments and the international public-are: (a) treaties (especially the provisions of those treaties that commit the parties …

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The Pentagon Papers Case: Recovering Its Meaning Twenty Years Later, David Rudenstine Jun 1991

The Pentagon Papers Case: Recovering Its Meaning Twenty Years Later, David Rudenstine

Cardozo Law Review

No abstract provided.

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Vital Interests And The Law Of Gatt: An Analysis Of Gatt's Security Exception, Michael J. Hahn Jan 1991

Vital Interests And The Law Of Gatt: An Analysis Of Gatt's Security Exception, Michael J. Hahn

Michigan Journal of International Law

This article will ask to what extent article XXI allows Contracting Parties to escape obligations of GATT and to what extent it should.

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Energy And The Environment: Confronting Common Threats To Security, Lakshman Guruswamy Jan 1991

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

Publications

No abstract provided.

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European Community Competition Law And National Competition Laws, Joachim Zekoll Jan 1991

European Community Competition Law And National Competition Laws, Joachim Zekoll

Vanderbilt Journal of Transnational Law

This Article examines conflicts between the European Community (EC or Community) competition rules and the corresponding laws of the Federal Republic of Germany in three case categories. Professor Zekoll first discusses situations in which corporate practices or agreements violate EC law, but are considered legal under German law. He then analyzes frictions that may arise when both EC and German laws are violated. In both of these case categories, Community law prevails over conflicting solutions under German law. However, considerable doubt exists about the primacy of Community law with respect to the third category involving practices that violate German law, …

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Carrying A Big Carrot: Linking Multilateral Disarmament And Development Assistance, David A. Koplow, Philip G. Schrag Jan 1991

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 …

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Back To The Future And Up To The Sky: Legal Implications Of ‘Open Skies’ Inspection For Arms Control, David A. Koplow Jan 1991

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 …

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The Critical Technologies Approach: Controlling Scientific Communication For The National Security, Valerie M. Fogleman, James Etienne Viator May 1990

The Critical Technologies Approach: Controlling Scientific Communication For The National Security, Valerie M. Fogleman, James Etienne Viator

Brigham Young University Journal of Public Law

No abstract provided.

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Spies, Subversives, Terrorists And The British Government: Free Speech And Other Casualties, Graham Zellick May 1990

Spies, Subversives, Terrorists And The British Government: Free Speech And Other Casualties, Graham Zellick

William & Mary Law Review

No abstract provided.

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Right V. Might: International Law And The Use Of Force, Craig T. Smith May 1990

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

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The Duty To Warn In Aviation Law: A New Tort Theory In The Aftermath Of Pan American Flight 103, Cynthia Dokas Jan 1990

The Duty To Warn In Aviation Law: A New Tort Theory In The Aftermath Of Pan American Flight 103, Cynthia Dokas

NYLS Journal of Human Rights

No abstract provided.

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The Israeli Demolition Of Palestinian Houses In The Occupied Territories: An Analysis Of Its Legality In International Law, Martin B. Carroll Jan 1990

The Israeli Demolition Of Palestinian Houses In The Occupied Territories: An Analysis Of Its Legality In International Law, Martin B. Carroll

Michigan Journal of International Law

The recent Palestinian uprising in the Israeli Occupied Territories, otherwise known as the Intifadah, has brought greater attention to Israel's security measures. Specifically, the Intifadah has raised questions of the efficacy and legality of Israel's attempts to control the local population by means criticized by many as overly heavy-handed. One such practice employed by the Israelis is the demolition or sealing of houses in which a resident is believed to have committed a political or violent act against the interests of the State of Israel. The intent of this paper is to examine the legality of the destruction of houses …

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Regulation Of Imports And Foregn Investment In The United States On National Security Grounds, David Scott Nance, Jessica Wasserman Jan 1990

Regulation Of Imports And Foregn Investment In The United States On National Security Grounds, David Scott Nance, Jessica Wasserman

Michigan Journal of International Law

Traditionally, concerns over the effects of trade and investment on national security have centered upon the transfer of products and technologies with potential military uses. However, national security concerns also arise with respect to the economic and military impact of imports and of foreign acquisition of domestic assets. The United States has a longstanding statute, section 232 of the Trade Expansion Act of 1962, that allows the President to restrict imports of goods on national security grounds. More recently, another statute, popularly referred to as the Exon-Florio Act, provides the President with authority to bar the acquisition of United States …

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Long Arms And Chemical Arms: Extraterritoriality And The Draft Chemical Weapons Convention, David A. Koplow Jan 1990

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.

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The Spycatcher Saga, D Gt Williams Oct 1989

The Spycatcher Saga, D Gt Williams

Dalhousie Law Journal

The central facts in the unfolding of the Spycatcher saga are relatively well-known. Peter Wright left M.I.5 in 1976 after some twenty years' service "in the shadows;" his health was "bad", his pension "derisory", but he had his "memories." After retirement he went to live in Tasmania, where (according to Kirby P in the Court of Appeal of New South Wales) "he still resides in a place with the idyllic name of Cygnet." Despite the distance Peter Wright remained closely involved in the welter of allegations and denials, which emerged especially after the unmasking of Anthony Blunt as a former …

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The 1988 Icao And Imo Conferences: An International Consensus Against Terrorism, Phillipe Kirsch Apr 1989

The 1988 Icao And Imo Conferences: An International Consensus Against Terrorism, Phillipe Kirsch

Dalhousie Law Journal

In February and March 1988, two diplomatic conferences were convened under the auspices of the International Civil Aviation Organization (hereinafter referred to as "ICAO") and the International Maritime Organization (hereinafter referred to as "IMO") respectively, to develop new instruments aimed at preventing and punishing terrorist acts not covered by previous conventions. On 21 February, the ICAO Conference adopted by consensus the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, Done at Montreal on 23 September 1971 (hereinafter …

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United States V. Palestine Liberation Organization: Continued Confusion In Congressional Intent And The Hierarchy Of Norms, Andrew R. Horne Jan 1989

United States V. Palestine Liberation Organization: Continued Confusion In Congressional Intent And The Hierarchy Of Norms, Andrew R. Horne

Michigan Journal of International Law

This Note concludes that while the court's rationale is disingenuous and misleading, the final decision was an appropriate reaffirmation of the importance which American jurisprudence places on international obligations. In Part One, this Note discusses whether the dispute resolution provisions of the Headquarters Agreement precluded the district court's jurisdiction over the parties and subject matter of this case. Part Two examines the constitutional hierarchy of the ATA and the Headquarters Agreement to determine which should govern this dispute. If the court had concluded that it lacked jurisdiction, the case would have been dismissed from the U.S. court system, leaving the …

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The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, Harry G. Prince Jan 1989

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 …

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The National Security Of The United States As The Host State For The United Nations, Elisabeth Zoller Jan 1989

The National Security Of The United States As The Host State For The United Nations, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

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U.N. General Assembly Meetings Held Outside New York, Yehuda Z. Blum Jan 1989

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.

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Constitutional Bait And Switch: Executive Reinterpretation Of Arms Control Treaties, David A. Koplow Jan 1989

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.

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America For Sale: When Well-Connected Former Federal Officials Peddle Their Influence To The Highest Foreign Bidder--A Statutory Analysis And Proposals For Reform Of The Foreign Agents Registration Act And The Ethics In Government Act, Michael I. Spak Jan 1989

America For Sale: When Well-Connected Former Federal Officials Peddle Their Influence To The Highest Foreign Bidder--A Statutory Analysis And Proposals For Reform Of The Foreign Agents Registration Act And The Ethics In Government Act, Michael I. Spak

Kentucky Law Journal

No abstract provided.

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State-Sponsored Domestic Terrorism: The Case Of Poland, Rett R. Ludwikowski Jan 1989

State-Sponsored Domestic Terrorism: The Case Of Poland, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

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Forging A Bipartisan And Strategic Approach To Foreign Affairs, Zbigniew Brzezinski Sep 1988

Forging A Bipartisan And Strategic Approach To Foreign Affairs, Zbigniew Brzezinski

University of Miami Law Review

No abstract provided.

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The Role Of Intelligence In A Free Society, William H. Webster Sep 1988

The Role Of Intelligence In A Free Society, William H. Webster

University of Miami Law Review

No abstract provided.

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What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V, Rostow, Michael Tigar Sep 1988

What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V, Rostow, Michael Tigar

University of Miami Law Review

No abstract provided.

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The First Amendment And National Security, Floyd Abrams, Henry Mark Holzer, Don Oberdorfer, Richard K. Willard Sep 1988

The First Amendment And National Security, Floyd Abrams, Henry Mark Holzer, Don Oberdorfer, Richard K. Willard

University of Miami Law Review

No abstract provided.

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The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William Van Alstyne Sep 1988

The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles Bennett, Arthur B. Culvahouse Jr., Geoffrey P. Miller, William Bradford Reynolds, William Van Alstyne

University of Miami Law Review

No abstract provided.

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