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The Peacetime Right Of Approach And Visit And Effective Security Council Sanctions Enforcement At Sea, Craig H. Allen 2019 University of Washington School of Law

The Peacetime Right Of Approach And Visit And Effective Security Council Sanctions Enforcement At Sea, Craig H. Allen

International Law Studies

Naval forces deployed across the world’s seas to enforce counterproliferation sanctions imposed by the U.N. Security Council must surmount any number of operational and legal challenges. High seas boardings by any State other than the vessel’s flag State remain controversial. The 1982 Law of the Sea Convention’s high seas articles carefully balance the principles of freedom of navigation and exclusive flag-State jurisdiction with the shared interest in ensuring effective enforcement of laws against certain serious offenses. The peacetime right of visit is a limited but invaluable compromise between those competing interests. Some commentators have suggested expanding the right to address …


Law As Strategy: Thinking Below The State In Afghanistan, Charles H. Norchi 2019 University of Maine School of Law

Law As Strategy: Thinking Below The State In Afghanistan, Charles H. Norchi

International Law Studies

In Doha, Qatar the government of the United States has conducted successive rounds of negotiations with a non-State, the Islamic Emirate of Afghanistan (the Taliban) over the future of a State that was not present—the Government of Afghanistan. Regardless of the outcome, the United States will retain a national security interest in Afghanistan and the region. Contextually nuanced strategic choices will be critical and law could be a key strategy. This article identifies relevant Afghan history—a collective longue durée—appraises the severable sovereignty of the Afghan State, and underscores the imperative of working below the State. Drawing on a 1952 …


Lt. Col. Vindman Is A Patriot, Joshua E. Kastenberg 2019 University of New Mexico - School of Law

Lt. Col. Vindman Is A Patriot, Joshua E. Kastenberg

Faculty Scholarship

Op-ed: Kastenberg discusses how it is the duty of a commissioned officer to report activity they consider legally questionable and it is within their duty to testify before Congress.


Severing The Connection Between Sex Trafficking And U.S. Military Bases Overseas, Anna Belle Hoots 2019 Fordham University School of Law

Severing The Connection Between Sex Trafficking And U.S. Military Bases Overseas, Anna Belle Hoots

Fordham Law Review

The sex trafficking of women and girls by U.S. military men remains an issue plaguing U.S. military bases overseas. While the U.S. government has offered several solutions to combat this specific niche of sex trafficking, the legislation and policy put forth are insufficient to eradicate the problem. After assessing the intersection of sex trafficking and overseas U.S. military bases, this Note both discusses why and proposes how, through the use of Status of Forces Agreements (SOFAs), all U.S. military bases abroad can and must commit to the prevention of this egregious human rights violation. Because SOFAs grant wide latitude to …


Norway's Lessons, Harald Hoiback 2019 US Army War College

Norway's Lessons, Harald Hoiback

The US Army War College Quarterly: Parameters

This article argues Norway’s minor role in the Afghanistan War (2001–14) included opportunities to learn about the evolution of military deployments over the course of a prolonged counterinsurgency-focused conflict, the civilian and military dynamics, and the political challenges of contributing to such a conflict.


Educating Strategic Lieutenants At Sandhurst, An Jacobs 2019 US Army War College

Educating Strategic Lieutenants At Sandhurst, An Jacobs

The US Army War College Quarterly: Parameters

This article examines how well military education at the Royal Military Academy of Sandhurst delivers lieutenants capable of coping with the complexities of their operational environment and the strategic implications of their decisions.


Article Index, USAWC Press 2019 US Army War College

Article Index, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Rescinding Inclusion In The Administrative State: Adjudicating Daca, The Census, And The Military's Transgender Policy, Peter Margulies 2019 Roger Williams University School of Law

Rescinding Inclusion In The Administrative State: Adjudicating Daca, The Census, And The Military's Transgender Policy, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Taking The War Colleges From Good To Great, Richard D. Hooker Jr. 2019 US Army War College

Taking The War Colleges From Good To Great, Richard D. Hooker Jr.

The US Army War College Quarterly: Parameters

No abstract provided.


Parameters Winter 2019 – 2020, USAWC Press 2019 US Army War College

Parameters Winter 2019 – 2020, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Denmark's Lessons, Sten Rynning 2019 US Army War College

Denmark's Lessons, Sten Rynning

The US Army War College Quarterly: Parameters

This article argues despite opportunities to learn valuable strategic lessons from Denmark’s effort in the Afghanistan War (2001–14), Danish civil authorities implemented a comprehensive approach policy that failed to establish a bridge to lessons learned by the military. Denmark’s experience in the Afghanistan War demonstrates promises and perils of lessons learned processes.


Severing The Connection Between Sex Trafficking And U.S. Military Bases Overseas, Anna Belle Hoots 2019 New York Law School

Severing The Connection Between Sex Trafficking And U.S. Military Bases Overseas, Anna Belle Hoots

Articles & Chapters

The sex trafficking of women and girls by US. military men remains an issue plaguing US. military bases overseas. While the US. government has offered several solutions to combat this specific niche of sex trafficking, the legislation and policy put forth are insufficient to eradicate the problem. After assessing the intersection of sex trafficking and overseas US. military bases, this Note both discusses why and proposes how, through the use of Status of Forces Agreements (SOFAs), all US. military bases abroad can and must commit to the prevention of this egregious human rights violation. Because SOFAs grant wide latitude to …


From The Editor, Antulio J. Echevarria II 2019 US Army War College

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Making The War Colleges Better, Richard A. Lacquement Jr 2019 US Army War College

Making The War Colleges Better, Richard A. Lacquement Jr

The US Army War College Quarterly: Parameters

No abstract provided.


Australia's Lessons, Rhys Crawley 2019 US Army War College

Australia's Lessons, Rhys Crawley

The US Army War College Quarterly: Parameters

This article analyzes Australia’s contribution to the Afghanistan War from 2001 to 2014. It recommends policymakers and practitioners consider applying a whole-of-government approach, embedding personnel in coalition headquarters, and limiting reliance on Special Forces soldiers in future interventions.


Educating Strategic Lieutenants At West Point, Scott A. Silverstone 2019 US Army War College

Educating Strategic Lieutenants At West Point, Scott A. Silverstone

The US Army War College Quarterly: Parameters

This article argues West Point responded to the changing strategic environment from the end of the Cold War through the post-9/11 period by innovating its curriculum. Over the past several decades, however, the academy’s educational model has remained remarkably stable, rooted in an enduring commitment to a rigorous liberal education as the best preparation for officers confronting the inherent uncertainties of future wars.


Book Reviews, USAWC Press 2019 US Army War College

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


How U.S. Government Policy Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman 2019 Purdue University

How U.S. Government Policy Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman

Libraries Faculty and Staff Presentations

Artificial intelligence is affecting many areas of our lives and governmental policy. National security is one arena in which artificial intelligence is playing an increasingly important and controversial role. U.S. Government and military agencies are producing a steadily expanding corpus of publicly available literature on this topic. This literature documents how these agencies have this topic's national security implications historically and currently while also addressing potentially emerging national security issues where artificial intelligence will intersect with national security. This presentation demonstrates examples of the growing variety of publicly available national security artificial intelligence literature while also addressing the implications of …


The Occupation Of Maritime Territory Under International Humanitarian Law, Marco Longobardo 2019 University of Westminster

The Occupation Of Maritime Territory Under International Humanitarian Law, Marco Longobardo

International Law Studies

This article explores whether it is possible to apply the law of occupation beyond land territory, to maritime areas characterized here as “maritime territory.” The article argues that the definition of territory under Article 42 of the 1907 Hague Regulations comprises internal waters, territorial sea, and archipelagic waters, whereas other areas such as the continental shelf, the exclusive economic zone, and high seas fall outside the scope of Article 42. Accordingly, internal waters, the territorial sea, and archipelagic waters may be placed under occupation if a hostile force exercises actual authority over them without valid legal title. The article describes …


Leahy—Sharpening The Blade, Nandor F.R. Kiss 2019 Pace University

Leahy—Sharpening The Blade, Nandor F.R. Kiss

Pace International Law Review

Over the course of the last 20 years, the Leahy Law has become one of the cornerstones of foreign and human rights policy. Yet, despite its largely unchallenged importance, field practitioners and other stakeholders have identified a number of substantive and practical deficiencies that greatly diminish the law’s ability to achieve the desired effect, and worse, may pose a risk to the United States’ interests. In reflecting on these deficiencies, and armed with decades of data and anecdotal evidence, this Article proposes adjustments focused on better aligning the law’s intent and effect. These recommendations range from semantic edits to substantive …


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