National Security Law Commons^™

Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi

Articles

This article assesses the implications of the current Syria situation for the international law on the use of defensive force against non-State actors. The law in this area is highly unsettled, with multiple legal positions in play. After mapping the legal terrain, the article shows that the Syria situation accentuates three preexisting trends. First, the claim that international law absolutely prohibits the use of defensive force against non-State actors is increasingly difficult to sustain. States, on the whole, have supported the operation against the so-called Islamic State in Syria. Second, States still have not coalesced around a legal standard on …

Surveillance, Secrecy, And The Search For Meaningful Accountability, Sudha Setty

Faculty Scholarship

One of the most intractable problems in the debate around maintaining the rule of law while combating the threat of terrorism is the question of secrecy and transparency. In peacetime, important tenets to the rule of law include transparency of the law, limits on government power, and consistency of the law as applied to individuals in the policy. Yet the post-9/11 decision-making by the Bush and Obama administrations is characterized with excessive secrecy that stymies most efforts to hold the government accountable for its abuses. Executive branch policy with regard to detention, interrogation, targeted killing and surveillance are kept secret, …

Pushing The Limits: International Land Acquisitions In Comparative Perspective, Ariane Goetz

Theses and Dissertations (Comprehensive)

The role of investor countries in large-scale land acquisitions is poorly understood in the contemporary “land grab” literature. Orthodox explanations largely build on deductive analyses that deviate from the emerging empirical evidence, and/or face analytical difficulties when trying to capture why large-scale land acquisitions happen. This thesis investigates the global phenomenon of “land grabbing” from the comparative perspective of two major investor countries: the UK and China. The regional focus is on Sub-Saharan Africa, a major target of land-consuming investments since 2000.

The dissertation advances three arguments: Firstly, the specific details of the home country’s industrial set-up, development challenges, ideological …

When The Curtain Must Be Drawn: American Experience With Proceedings Involving Information That, For Reasons Of National Security, Cannot Be Disclosed, Peter L. Strauss

Faculty Scholarship

In numerous contexts today, ranging from no-fly lists, to the designation of foreign terrorist organizations, to controls over foreign investments in the United States, federal authorities reach decisions having dramatic consequences for individuals’ liberty and property on the basis of information that those individuals cannot obtain, even in summary form. Recent and pending litigation has challenged these deprivations on due process grounds, with only moderate success. Perhaps unclassified information on which the government has acted must be revealed, with an opportunity given to challenge it and to submit contrary evidence; but in the words of the DC Circuit writing last …

Lawfare, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Touching Torture With A Ten-Foot Pole: The Legality Of Canada’S Approach To National Security Information Sharing With Human Rights-Abusing States, Craig Forcese

Osgoode Hall Law Journal

In 2011, then-Public Safety Minister Vic Toews issued “ministerial directions” to Canada’s key security and intelligence agencies on “Information Sharing with Foreign Entities.” These directions permit information sharing in exigent circumstances, even where there is substantial risk of mistreatment of an individual. After a brief chorus of condemnation, the directions sank into relative obscurity while remaining part of Canada’s national security policy framework. This article aims to reignite discussion of these policies and their controversial content, relying in large measure on documents obtained by the author directly or through journalistic researchers under access to information law. First, I examine dilemmas …

Cyber Sovereignty: The Way Ahead, Eric Talbot Jensen

Faculty Scholarship

The last few years are full of reports of cyber incidents, some of which have caused significant damage. Each of these cyber events raise important questions about the role and responsibility of States with respect to cyber incidents. The answer to these questions revolves in large part around the international law doctrine of sovereignty. The extent to which nations exercise sovereignty over cyberspace and cyber infrastructure will provide key answers to how much control States must exercise and how much responsibility States must accept for harmful cyber activities when they fail to adequately do so. This article argues that States …

Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman

Georgia Journal of International & Comparative Law

No abstract provided.

Book Review: Technology Control, Competition, And National Security. Edited By Bernard L. Seward, Jr. University Press Of America, 1987., Dorinda G. Dallmeyer

Georgia Journal of International & Comparative Law

No abstract provided.

The Ssci Report And Its Critics: Torturing Efficacy, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny

Pace Law Review

This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …

The National Security Council And The Iran-Contra Affair, Ed Jenkins, Robert H. Brink

Georgia Journal of International & Comparative Law

No abstract provided.

Defeating The Islamic State: Commentary On A Core Strategy, Huba Wass De Czege

The US Army War College Quarterly: Parameters

No abstract provided.

Index, Vol. 14, 2014, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

China's Concept Of Military Strategy, Timothy Thomas

The US Army War College Quarterly: Parameters

No abstract provided.

The Us Army's Domestic Strategy 1945-1965, Thomas Crosbie

The US Army War College Quarterly: Parameters

No abstract provided.

American "Declinism": A Review Of Recent Literature, Michael Daniels

The US Army War College Quarterly: Parameters

No abstract provided.

Battlefield Euthanasia: Should Mercy-Killings Be Allowed, David L. Perry

The US Army War College Quarterly: Parameters

No abstract provided.

China's Military Mercantilism, Christopher Bowen Johnston

The US Army War College Quarterly: Parameters

No abstract provided.