National Security Rules: America's Constitution Of Law And War,
2021
University of Maine School of Law
National Security Rules: America's Constitution Of Law And War, Kyle L. Greene
Maine Law Review
Contemporary debates over the appropriate allocation of war powers between the political branches overemphasize the rigidity of the Constitution’s framework. This style of academic discussion sacrifices the lessons of practice in search of steadfast, yet empty, principles. Even beyond the practical failings of this approach, there is no constitutional basis for the notion that either Congress or the President has a singular, fixed role when dealing with national security issues. In fact, the Founders developed a constitutional structure capable of continually reshaping—within parameters—the government’s division of national security power to match the nation’s security challenges. Rather than scouring the constitutional …
Cyber Attribution And State Responsibility,
2021
U.S. Naval War College
Cyber Attribution And State Responsibility, William Banks
International Law Studies
We might expect international law to specifically address cyber attribution requirements due to the significance of attribution in framing the legal responsibility of States and the boundaries of responsive actions by victim States. However, there is little international law of cyber attribution, and what law there is exists largely by implication. Likewise, there is only a murky and highly contested law of State responsibility that theoretically constrains the vast majority of State-sponsored cyberattacks. Because victim States cannot engage in countermeasures unless they attribute a cyberattack to a State, attribution can serve simultaneously to constrain and empower victim States. However, the …
Application Of The Due Diligence Principle To Cyber Operations,
2021
U.S. Naval War College
Application Of The Due Diligence Principle To Cyber Operations, Tomohiro Mikanagi
International Law Studies
The discreet use of proxies by States renders it difficult to prove attribution to States under the existing rules of attribution. On the other hand, the due diligence principle, if applicable, does not require attribution but can lead to the invocation of State responsibility for cyber operations emanating from the territory of other States. In the Corfu Channel judgment the ICJ recognized “every State’s obligation not to allow knowingly its territory to be used for acts contrary to the rights of other States,” and UN Member States agreed that existing international law applies to cyber operations. However, the UN Members …
Newsletter, Summer 2021,
2021
University of Maryland Francis King Carey School of Law
Widening The Lens On Content Moderation,
2021
Technology, Law & Security Program
Widening The Lens On Content Moderation, Jenna Ruddock, Justin Sherman
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Searching For Accountability Under Fisa: Internal Separation Of Powers And Surveillance Law,
2021
Roger Williams University School of Law
Searching For Accountability Under Fisa: Internal Separation Of Powers And Surveillance Law, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The United Nations And Human Rights Non-Governmental Organizations (Ngos) - Seventy-Five Years Of Consultations, Collaboration, And Contributions (1945-2000),
2021
UI McKinney School of Law, Indiana University
The United Nations And Human Rights Non-Governmental Organizations (Ngos) - Seventy-Five Years Of Consultations, Collaboration, And Contributions (1945-2000), George E. Edwards
Pace International Law Review
At the San Francisco Conference where the United Nations Charter was negotiated, participants and observers included representatives of “societies and organizations”—non-governmental organizations (NGOs). The precise number and identities of those NGOs is unclear, but 42 of the participants were consultants to the U.S. delegation that successfully lobbied for the Charter to include an official relationship between the U.N. and NGOs, and the promotion and protection of human rights. NGOs thus had a profoundly positive impact on the creation of the United Nations. For the first 75 years of the U.N.’s existence, NGOs have played an invaluable role in supporting the …
Academic Espionage: How International Trade Law Can Protect Higher Education,
2021
University of Georgia School of Law
Academic Espionage: How International Trade Law Can Protect Higher Education, Cameron Keen
Georgia Journal of International & Comparative Law
No abstract provided.
The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons,
2021
The University of San Francisco
The Role Of Nations-State In Protecting And Supporting Internally Displaced Persons, Daisy Byers
Master's Theses
The rising increase of Internally Displaced Persons (IDPs) has become a global problem. There are over 40 million internally displaced people globally, and 15.9 million are displaced in Africa. These displacements come into place due to war/conflict, corruption, massive human rights violations, natural disasters, urban renewal projects (at the hands of powerful nations such as America, China, France, UK, etc.), and large-scale development projects. According to UNHCR, refugees are people who have international cross-border. In contrast, internally displaced persons must stay within their own country and stay under the protection of their government, even if the government is the reason …
Criminalizing Material Support To Domestic Terrorist Organizations: A National Security Imperative,
2021
Notre Dame Law School
Criminalizing Material Support To Domestic Terrorist Organizations: A National Security Imperative, Jimmy Gurulé
Journal of Legislation
No abstract provided.
Propaganda By Permission: Examining "Political Activities" Under The Foreign Agents Registration Act,
2021
Notre Dame Law School
Propaganda By Permission: Examining "Political Activities" Under The Foreign Agents Registration Act, Tarun Krishnakumar
Journal of Legislation
No abstract provided.
Jdn 2-19: Hitting The Target But Missing The Mark,
2021
US Army War College
Jdn 2-19: Hitting The Target But Missing The Mark, Ann Mezzell, J. Wesley Hutto
The US Army War College Quarterly: Parameters
Predoctrinal deliberations about the employment of the US armed forces, captured in Joint Doctrine Notes, remain critically understudied. Using comparative text analysis, this article identifies changes in recent Joint Doctrine Note depictions of military strategy. These changes risk distorting the logic of military strategy, sacrificing means-ends integration to organizational impulse, and raising the prospect of future shortfalls in US strategic effectiveness.
Book Reviews,
2021
US Army War College
Book Reviews, Usawc Press
The US Army War College Quarterly: Parameters
No abstract provided.
Matthew Ridgway And The Value Of Persistent Dissent,
2021
US Army War College
Matthew Ridgway And The Value Of Persistent Dissent, Conrad C. Crane
The US Army War College Quarterly: Parameters
Army General Matthew Ridgway’s actions throughout his career provide a valuable example of the appropriate time and place for serious dissent by military leaders. Ridgway demonstrated the importance of selectively and pragmatically expressing open disagreement in response to operational decisions a military leader deems unnecessarily risk American lives and economic resources
Europe: A Strategy For A Regional And Middle Power,
2021
US Army War College
Europe: A Strategy For A Regional And Middle Power, Jean-Yves Haine, Cynthia Salloum
The US Army War College Quarterly: Parameters
As the European Union deals with yet another crisis— the COVID-19 pandemic—it must adopt a grand strategy based on unity, policy, and proportionality: cohesion over inaction, policy over process, and regional imperatives over global ambitions. An analysis of past strategy documents and a study of current international trends stress the need for a Union capable of shaping its own environment rather than reacting to it. The pandemic should accelerate Europe’s journey toward power maturity and responsibility.
Coin Doctrine Is Wrong,
2021
Strategic Studies Institute
Coin Doctrine Is Wrong, M. Chris Mason
The US Army War College Quarterly: Parameters
Counterinsurgency does not increase the legitimacy of, or support for, central governments engaged in internal conflicts. Recent research shows quantifiable degrees of government legitimacy, national identity, and population security are necessary precursors and accurate predictors of a government’s ability to outlast a civil uprising. Because the first two predictors—government legitimacy and national identity—can be measured and do not increase during a conflict, the probability of government failure in most cases can be accurately predicted when the conflict starts.
The Coercive Logic Of Militant Drone Use,
2021
US Army War College
The Coercive Logic Of Militant Drone Use, Austin C. Doctor, James I. Walsh
The US Army War College Quarterly: Parameters
While unmanned aerial systems can serve as a force multiplier for militants, these systems do not embody a transformation in modern insurgent warfare or enable militants to engage regularly in strategic coercion. Instead, drone use is consistent with a militant group’s relative capabilities and broader strategic objectives. Consequently, these groups are likely to employ drones primarily for theater and tactical military purposes.
From The Editor In Chief,
2021
US Army War College
From The Editor In Chief, Antulio J. Echevarria Ii
The US Army War College Quarterly: Parameters
No abstract provided.
Greater Security Cooperation: Us Allies In Europe And East Asia,
2021
US Army War College
Greater Security Cooperation: Us Allies In Europe And East Asia, Tongfi Kim, Luis Simón
The US Army War College Quarterly: Parameters
Growing Sino-Russian coordination necessitates greater security cooperation between US Allies in Europe and East Asia. US Allies in both regions face remarkably similar threats requiring similar operational concepts, capabilities, and technologies. Further, these Allies must hedge against the specter of US abandonment. An exploration of the links between the two geographically distant US Alliance networks illustrates the Allies’ perspectives on US extended deterrence and highlights opportunities to devise better policies for cooperation.
Toward Successful Coin: Shining Path’S Decline,
2021
US Army War College
Toward Successful Coin: Shining Path’S Decline, Darren Colby
The US Army War College Quarterly: Parameters
The rapid decline of the Peruvian left-wing insurgent organization Sendero Luminoso was not only the result of the arrest of its leader. An analysis of the precipitous weakening of the organization using two social movement theories finds other factors were involved in the demise of the organization as well. These factors—participatory politics, support for the military among the rural population, and alienation of the population by Sendero Luminoso—provide insights to effective counterinsurgency tactics.
