Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention,
2012
Vice Admiral, Judge Advocate General’s Corps, United States Navy
Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck
Penn State Journal of Law & International Affairs (2012 - Present)
In the face of twenty-first century challenges to military maritime mobility, the question persists as to whether customary international law will remain a reliable foundation for U.S. maritime security interests in the future. To date, the U.S. has successfully conducted military operations sanctioned by the customary high seas freedoms of free navigation and overflight. However, with technological advances and heightened environmental and defense concerns, countries with coastal state interests may demand greater control over their near-shore waters, requiring the U.S. to reconsider its position outside the United Nations Convention on the Law of the Sea (UNCLOS). This article addresses pertinent …
The Taint Of Torture: The Roles Of Law And Policy In Our Descent To The Dark Side,
2012
Georgetown University Law Center
The Taint Of Torture: The Roles Of Law And Policy In Our Descent To The Dark Side, David Cole
Georgetown Law Faculty Publications and Other Works
Was the Bush administration’s decision to employ “enhanced interrogation techniques” a mistake of policy, a violation of law, or both? This essay responds to Philip Zelikow’s insider account of how the decision to use these techniques was reached. The author suggests that while Zelikow makes a strong case that the decision to authorize the CIA to use coercive interrogation tactics was a mistaken policy judgment, it is important not to lose sight of the fact that it was also illegal. The latter conclusion demands a different response than the former. In particular, it underscores the necessity for accountability. The author …
The Law Of Operational Targeting: Viewing The Loac Through An Operational Lens,
2012
American University, Washington College of Law
The Law Of Operational Targeting: Viewing The Loac Through An Operational Lens, Gary Corn
Scholarly Articles in Law Reviews & Journals
Air and missile warfare is and will almost certainly continue to be a ubiquitous aspect of contemporary armed conflicts. Yet, the law related to the regulation of this aspect of warfare has failed to develop at the same pace as the methods and means of employing such combat assets. The Manual on International Law Applicable to Air and Missile Warfare (AMW Manual)' is therefore without question an important development in the law of armed conflict. Although not hard law, it reflects the consensus of some of the most respected jus in bello scholars in the world on how existing law …
Security Council Resolution 1887 And The Quest For Nuclear Disarmament,
2012
University of Michigan Law School
Security Council Resolution 1887 And The Quest For Nuclear Disarmament, Usman Ahmed, Raghav Thapar
Michigan Journal of International Law
Nuclear weapons pose an increased international threat to security in the modem era. Cheap transportation and the opening of national borders for trade have made it easy for nuclear materials to cross national boundaries. Informal networks have sprouted up, facilitating the proliferation and exchange of nuclear materials and the technology required to turn those materials into weapons. Advances in technology have made it easier to enrich uranium, instilling concerns of increased nuclear weapons proliferation. These changes in technology, the development of informal nuclear networks, and lax security in safeguarding weapons by states such as Russia and Pakistan have fueled global …
A Legal Interpretation Of North Korea’S Nuclear Program,
2012
Pepperdine University
A Legal Interpretation Of North Korea’S Nuclear Program, Justin Farber
Global Tides
This paper analyzes the North Korean nuclear situation in a legal framework while assessing potential policy options for the international community. The recent change in North Korean leadership leaves spectators in question as to the new dictator’s agenda and goals. Reviewing the history of the state’s nuclear program in regard to international treaty law is fruitful in gauging how, if at all, law limits the state’s behavior. The introduction briefly explores the history of the situation before advancing into the paper’s four sub-sections. The first sub-section assesses the requirements set out by the IAEA Statute and the NPT and North …
Cover & Front Matter,
2012
University of South Florida
Deterring And Dissuading Nuclear Terrorism,
2012
ANSER
Deterring And Dissuading Nuclear Terrorism, John J. Klein
Journal of Strategic Security
While nuclear deterrence theory may be well-suited to dealing with nuclear-armed states, its suitability for deterring nuclear terrorism has frequently been questioned since 9/11. While terrorist organizations do not necessarily act uniformly or according to the same underlying beliefs, many of the most aggressive organizations are motivated by an ideology that embraces martyrdom and an apocalyptic vision.1 This ideology may be based on religion or a desire to overthrow a government. Consequently, terrorists motivated by ideology who intend to use a stolen or improvised nuclear device against the United States or its interests may not care about the resulting military …
Policy Intervention In Fata: Why Discourse Matters,
2012
Department of Defence & Strategic Studies,Quaid-i-Azam University, Islamabad, Pakistan
Policy Intervention In Fata: Why Discourse Matters, Nazya Fiaz Dr.
Journal of Strategic Security
Despite years of wide-scale counterterrorism measures in Pakistan's FATA (Federally Administered Tribal Areas), the injection of substantial funds, and the "close" collaboration between the United States and Pakistan, the ugly truth is that the extremism and militancy in FATA continues to recruit members. Moreover, there is little indication that the killing of Usama bin Ladin will have any significant effect on reducing support for militancy. While taking stock of these realities, this article will not seek to rehash the many successes and failures of the counterterrorist operations in FATA. Instead, its purpose will be to argue that while the causes …
A Systems-Based Approach To Intelligence Reform,
2012
Utica College
A Systems-Based Approach To Intelligence Reform, Austen Givens
Journal of Strategic Security
The terrorist attacks of September 11, 2001 prompted the most comprehensive changes to the U.S. Intelligence Community (IC) since its creation via the National Security Act of 1947. Recent structural and organizational reforms, such as efforts to enhance information sharing and recruit speakers of hard-target languages, have also triggered new challenges to successful transformation. In light of the systemic problems facing the IC, this paper argues that systems engineering, a discipline increasingly useful in organizational change, offers a more efficient, holistic approach to the intelligence reform process than the status quo. Systems engineering views the IC as an integrated and …
A Total Eclipse Of Human Rights-Illustrated By Mohamed V. Jeppesen Dataplan, Inc.,
2012
West Virginia University College of Law
A Total Eclipse Of Human Rights-Illustrated By Mohamed V. Jeppesen Dataplan, Inc., John P. Blanc
West Virginia Law Review
No abstract provided.
Ten Years Of Gwot, The Failure Of Democratization And The Fallacy Of “Ungoverned Spaces”,
2012
Kansas State University
Ten Years Of Gwot, The Failure Of Democratization And The Fallacy Of “Ungoverned Spaces”, David P. Oakley, Patrick Proctor
Journal of Strategic Security
October 7, 2011, marked a decade since the United States invaded Afghanistan and initiated the Global War on Terrorism (GWOT). While most ten-year anniversary gifts involve aluminum, tin, or diamonds, the greatest gift U.S. policymakers can present American citizens is a reconsideration of the logic that guides America's counterterrorism strategy. Although the United States has successfully averted large-scale domestic terrorist attacks, its inability to grasp the nature of the enemy has cost it dearly in wasted resources and, more importantly, lost lives. Two of the most consistent and glaring policy flaws revolve around the concepts of filling "ungoverned spaces" and …
Nato Expansion During The Cold War And After,
2012
Claremont McKenna College
Nato Expansion During The Cold War And After, Evan Jaroff
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
The Iranian Hostage Crisis And The Iran-U.S. Claims Tribunal: Implications For International Dispute Resolution And Diplomacy,
2012
Pepperdine University
The Iranian Hostage Crisis And The Iran-U.S. Claims Tribunal: Implications For International Dispute Resolution And Diplomacy, Warren Christopher, Richard M. Mosk
Pepperdine Dispute Resolution Law Journal
This is the twenty-fifth anniversary of what has become known as the Iranian Hostage Crisis. We shall look back on those events in order to point to possible issues, lessons and solutions for the future.
Negotiating With Deity: Strategies And Influences Related To Recent North Korean Negotiating Behavior ,
2012
Pepperdine University
Negotiating With Deity: Strategies And Influences Related To Recent North Korean Negotiating Behavior , Jesse D. Steele
Pepperdine Dispute Resolution Law Journal
As images of nuclear missiles flash across television screens and news reports containing indiscernible Asian writing warn of conflict on the other side of the world, this article addresses one of the single greatest threats to global stability-the North Korean Nuclear Weapons Crisis-and assesses the negotiation strategies that have brought the world to its current situation. By looking at the historical negotiation tactics that have been utilized by each of the parties involved, particularly in light of societal norms and cultural influences, one can ascertain a great deal of insight regarding each party's respective strategies and objectives. This insight gleaned …
Mill, Holmes, Brandeis And A True Threat To Brandenburg,
2012
Brigham Young University Law School
Mill, Holmes, Brandeis And A True Threat To Brandenburg, Mark Strasser
Brigham Young University Journal of Public Law
No abstract provided.
Sharing Secrets: Examining Deferred Action And Transparency In Immigration Law,
2012
Pennsylvania State University Dickinson School of Law
Sharing Secrets: Examining Deferred Action And Transparency In Immigration Law, Shoba Sivaprasad Wadhia
The University of New Hampshire Law Review
[Excerpt] “This Article is about deferred action and transparency in related immigration cases falling under the jurisdiction of the Department of Homeland Security (DHS). While scholars from other genres have written extensively on the topic of prosecutorial discretion, the subject is largely absent from immigration scholarship, with the exception of early research conducted by Leon Wildes in the late 1970s and early 2000s, and a law review article I published in 2010 outlining the origins of prosecutorial discretion in immigration law and related lessons that can be drawn from administrative law and criminal law. That article ends with specific recommendations …
Be Careful What You Wish For: Changing Doctrines, Changing Technologies And The Lower Cost Of War,
2012
Georgetown University Law Center
Be Careful What You Wish For: Changing Doctrines, Changing Technologies And The Lower Cost Of War, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
The collective security structure created by the U.N. Charter is becoming shakier than ever, and two recent trends pose particular challenges to Charter rules on the use of force. The first trend involves a normative shift in understandings of state sovereignty, and the second trend involves improvements in technology--specifically, the rapid evolution of unmanned aerial vehicles, precision weapons, and surveillance technologies. Each trend on its own raises difficult issues. Together, they further call into question international law’s ability to meaningfully constrain the use of force by states.
The Advanced Persistent Threat And The Role Of Cybersecurity Education,
2012
Embry-Riddle Aeronautical University
The Advanced Persistent Threat And The Role Of Cybersecurity Education, Gary C. Kessler
Security Studies & International Affairs - Daytona Beach
"The changing face of infowar • The Advanced Persistent Threat • Examples of recent cyber attacks • Mitigation and preparation • Formalizing the response • The role(s) of education"--Overview
The Advanced Persistent Threat And The Role Of Cybersecurity Education,
2012
Embry-Riddle Aeronautical University
The Advanced Persistent Threat And The Role Of Cybersecurity Education, Gary C. Kessler
Applied Aviation Sciences - Daytona Beach
No abstract provided.
The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America,
2012
Pepperdine University
The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams
Pepperdine Dispute Resolution Law Journal
This article examines Jones v. Halliburton Co., the "Al Franken Amendment" to the 2010 U.S. Defense Department Budget (Franken Amendment) that was created in response to Jones, and the impact that both could have on mandatory arbitration clauses in employment contracts in the future. Part II recounts the troubling events that led to Jones and the inclusion of the Franken Amendment in the 2010 Defense Department Budget. Part III details the arguments made for and against the inclusion of the Franken Amendment. Part IV analyzes the impact that the Franken Amendment could have on mandatory arbitration clauses in contacts in …
