National Security Law Commons^™

The Power To “Try” “Cases Of Impeachment”: Some Reflections On The Finality, Transparency And Integrity Of Senate Adjudications Of Presidential Impeachments (Including That Of Donald J. Trump), Vikram D. Amar, Jason Mazzone

Chicago-Kent Law Review

No abstract provided.

Maritime Autonomous Surface Ships: New Possibilities—And Challenges—In Ocean Law And Policy, Joel Coito

International Law Studies

Landmark developments in autonomous vessel technology have the potential to deliver economic, environmental, and security benefits on the world’s oceans. Tempering the promise of that future is the stark reality that maritime autonomous surface ships (MASS) challenge the existing international order of the seas. This article examines the promise and perils of MASS in three areas of enduring significance to commercial vessels, naval forces, and industry regulators: search and rescue (SAR), maritime counterdrug operations, and navigational safety. This article concludes that autonomous vessel technology will lead to a superior global regime for maritime SAR operations, enhanced detection and interdiction of …

State Secrecy: A Literature Review, Stephane Lefebvre

Secrecy and Society

What is secrecy? What is a state secret? Which state secrets deserve protection from disclosures? How are state secrets protected from disclosure? In this review, I use these questions as an organizing framework to review the richness of a very disparate, largely US-centric, but also multidisciplinary literature. In doing so, I highlight the social nature of secrecy - that it is a social construct with social effects and consequences - and the need for further research to unveil those rationalities that specific discourses on state secrecy put forward to legitimize the nondisclosure of state secrets.

Armed Conflicts In Outer Space: Which Law Applies?, Frans G. Von Der Dunk

International Law Studies

So far, outer space has merely become involved in terrestrial armed conflicts as part of the supportive infrastructure for military activities. Unfortunately, the risk that this changes is considerably growing, and it can no longer be excluded that (armed) force will become used in outer space, either directed towards Earth or within outer space itself.

This raises serious issues in the legal context, where space law so far has been premised on the hope that armed conflicts in outer space could be avoided whereas the law of armed conflict was not required so far to deal with the use of …

Biological Threats Are National Security Risks: Why Covid-19 Should Be A Wake Up Call For Policy Makers, Rep. Eric M. Swalwell, R. Kyle Alagood

Washington and Lee Law Review Online

A national security strategy is the “nation’s plan for the coordinated use of all the instruments of state power—nonmilitary as well as military—to pursue objectives that defend and advance its national interest.” Perhaps the most straightforward national security objective is to protect the country from foreign invasion, but national security involves other objectives that aim to protect people in the United States as well as their values. For example, protecting U.S. elections from foreign interference is a security objective that advances the nation’s interest in democratic governance. The outbreak of a highly contagious disease like COVID‑19 strikes at the core …

Responding To Hostile Cyber Operations: The “In-Kind” Option, Michael N. Schmitt, Durward E. Johnson

International Law Studies

Facing hostile cyber operations, States are crafting responsive strategies, tactics and rules of engagement. One of the major challenges in doing so is that key aspects of the international law governing cyber responses are vague, unsettled or complex. Not surprisingly, therefore, international law is markedly absent from strategies and operational concepts. Rather, they tend to take on a practical “tit-for-tat” feel as policymakers logically view “in-kind” responses as “fair play.” For them, responding in-kind surely must be lawful notwithstanding any challenges in discerning the precise legal character of the initial hostile cyber operation.

Testing that sense, this article examines the …

U.S. Freedom Of Navigation Program, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

China's Excessive Maritime Claims, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

U.S. Policy On The South China Sea, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Introduction To The Indo-Pacific Command Paper Series, Raul (Pete) Pedrozo

International Law Studies

No abstract provided.

Air Defense Identification Zones, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Archipelagic States, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

General Principles Of The Law Of The Sea, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

International Straits, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Military Activities In The Exclusive Economic Zone, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Navigational Regimes, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

The South China Sea Arbitration Award, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

U.S. Position On The U.N. Convention On The Law Of The Sea, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

U.S. Protests China's Maritime Claims In The South China Sea, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Data Privacy & National Security: A Rubik’S Cube Of Challenges And Opportunities That Are Inextricably Linked, April Falcon Doss

Duquesne Law Review

Traditionally, issues relating to information privacy have been viewed in a set of distinct, and not always helpful, stovepipes—or, as my former government colleagues often said, tongue-in-cheek, in other contexts—separate “cylinders of excellence.” Thanks to the convergence of technologies and information, the once-separate realms of personal data privacy, consumer protection, and national security are increasingly interconnected. As Congress and national policymakers consider proposals for federal data privacy legislation, regulation of social media platforms, and how to prevent abuses of foreign intelligence and homeland security powers, they should be examining each of these challenges in light of the others, actively looking …