The Regime of Straits and National Security: An Appraisal of International Lawmaking

1980 ◽  
Vol 74 (1) ◽  
pp. 48-76 ◽  
Author(s):  
W. Michael Reisman

The United States military potential may be viewed in two interlocking dimensions. The first is nuclear deterrence: the maintenance of a posture designed to deter other states with nuclear military potential from nuclear adventures. The second is comprised of nuclear and more conventional capabilities, designed to communicate to the widest spectrum of adversaries a capacity and willingness to exercise coercion in different settings in order to protect vital national interests.

Author(s):  
Matthew Kroenig

What kind of nuclear strategy and posture does the United States need to defend itself and its allies? According to conventional wisdom, the answer to this question is straightforward: the United States needs the ability to absorb an enemy nuclear attack and respond with a devastating nuclear counterattack. These arguments are logical and persuasive, but, when compared to the empirical record, they raise an important puzzle. Empirically, we see that the United States has consistently maintained a nuclear posture that is much more robust than a mere second-strike capability. How do we make sense of this contradiction? Scholarly deterrence theory, including Robert Jervis’s seminal book, The Illogic of American Nuclear Strategy, argues that the explanation is simple—policymakers are wrong. This book takes a different approach. Rather than dismiss it as illogical, it explains the logic of American nuclear strategy. It argues that military nuclear advantages above and beyond a secure, second-strike capability can contribute to a state’s national security goals. This is primarily because nuclear advantages reduce a state’s expected cost of nuclear war, increasing its resolve, providing it with coercive bargaining leverage, and enhancing nuclear deterrence. This book provides the first theoretical explanation for why military nuclear advantages translate into geopolitical advantages. In so doing, it resolves one of the most intractable puzzles in international security studies. The book also explains why, in a world of growing dangers, the United States must possess, as President Donald J. Trump declared, a nuclear arsenal “at the top of the pack.”


Author(s):  
Ray Takeyh

Implementing deterrent and compellent strategies are among the most critical tasks of the national security decision maker. However, as the case of U.S.-Iranian relations since 1979 demonstrates, deterring another state from taking action—especially if it considers those steps to be in its national interests—or compelling it to adopt policies in line with one’s own preferences but which represent a setback to the goals of the other state can be a difficult proposition. In addition, the Iran relationship demonstrates howthe use of deterrent and compellent instruments must be weighed against costs and other second- and third-order effects which may cause the policymaker to accept a less than optimal outcome in order to avoid greater complications in other areas.


2020 ◽  
pp. 519-534
Author(s):  
John G. Baker ◽  
Mary E. Spears ◽  
Katherine S. Newell

The following is an adaptation of the keynote speech given by John G. Baker at the 2018 NATSECDEF Conference, “Preserving Justice in National Security,” hosted by the George Washington University Law School on September 20, 2018. Brigadier General Baker examined whether the United States military commissions, special military tribunals established by President George W. Bush in the aftermath of 9/11 solely to try noncitizen terrorism suspects, were capable of achieving justice. Answering with an empathetic “no,” Brigadier General Baker described an increasingly troubling series of actions taken against defendants who had been secretly held and tortured by the same government that was then seeking their criminal convictions and executions. It is clear from this speech that by the time this piece is published, more, and possibly more troubling events, will have occurred, as the United States continues to pay the price of torture.


2016 ◽  
Vol 20 (3-4) ◽  
pp. 250-274
Author(s):  
Lieutenant Commander Ursula Smith ◽  
Colonel Daniel J. Lecce

This paper will discuss classified litigation procedures in United States Military Courts-Martial, governed by Military Rule of Evidence 505 and the Uniform Code of Military Justice. The differences between United States Federal Court procedures and United States Military Commissions, governed by the Classified Information Privilege Act (cipa) and Military Commissions Rule of Evidence 505, are also discussed. Finally, best practices and selected military cases regarding espionage are presented.


2020 ◽  
Vol 11 (2) ◽  
pp. 122-134
Author(s):  
Sanjaya Baru

Most economic forecasts made after the trans-Atlantic fi nancial crisis of 2008 – 2009 have suggested that by 2030 China and India will overtake the United States to become the world’s largest and second-largest economies, respectively. This is why India is viewed as a global power, graduating from its regional role. The COVID-19 pandemic and the ongoing “Cold War” between the United States and China could present new challenges and open up new opportunities for India. While dealing with short-term economic and geopolitical challenges, India will continue to carve out its path in its relations with the world that is defi ned by its civilizational inheritance, its core national interests and its economic performance and capabilities. This article discusses why, given India’s focus on its economic development and growth, the country seeks a regional and global economic and security environment that would be conducive to attaining these objectives. The author suggests fi rst, that as a rising power, India has remained committed to multilateralism in both the economic and security fi elds. It has adhered to the discipline of existing multilateral regimes, including in trade, fi nance and nuclear non-proliferation. India has also actively supported a global solution to the challenge of global warming and climate change. Second, that even as India pursues a policy of multi-alignment in a world marked by a multipolar balance of power, the viability of its policy will hinge upon how China responds to India’s rise and its core national security concerns. Finally, that as Big Power rivalries return and a new Cold War may be in the offi ng, India will have to reassess its options given its developmental aspirations. An assertive China seeking hegemonic dominance in Asia could reduce India’s options and encourage it to build new alliances that are aimed at enhancing national security and ensuring a more balanced distribution of power.


Author(s):  
Derek S. Reveron ◽  
Nikolas K. Gvosdev

It is axiomatic that the foreign policy decisions of any country, including those of the United States, should be derived and based upon an understanding of the “national interest.” Yet there is no single, overarching conception of what constitutes the national interest or what should be considered as national interests. We see the idea of the national interest as an important starting point—a concept that enables national security policymakers to articulate what matters to the country and how a nation should set its priorities. National interests are enduring, such as protecting the integrity of the state and promoting economic prosperity. The domestic political system, international system, and organizational interests within the national security bureaucracy also shape national interests.


2021 ◽  
Vol 2 (12) ◽  
pp. 73-89
Author(s):  
D. V. Gordienko ◽  

In the context of the escalating struggle for leadership between the United States and China, the tasks of realizing its own interests, ensuring national security and improving the quality of public admin-istration are becoming especially urgent for Russia. The purpose of the article is to substantiate an approach to the development of indicators of the quality of public administration in the field of national security. The analysis of terminology and connectedness of syntactic constructions in strategic planning docu-ments, as well as prospects for the realization of the national interests of the Russian Federation in the context of economic relations between the countries of the strategic triangle Russia – China – USA is carried out. The results allowed us to propose a list of indicators of the quality of public administration for the implementation of national interests. The proposed approach to the development of indicators of the quality of public administration in the field of national security in the context of the intensification of the struggle for leadership between the United States and China makes it possible to significantly increase the level of information and analytical support and im-prove methods of state control and monitoring of relevant indicators of national security. The proposed approach can be used to substantiate recommendations to the leadership of our country to improve state control and monitoring of relevant indicators of national security.


Author(s):  
Vladimir Nikolaevich Pankratov

The coup d'état in Kiev along with the war in the Southeast of Ukraine became the catalyst for a serious geopolitical conflict between Russia and the United states, as well as justified substantial transformation within the official discourse of all countries involved. The highest echelons pass strategies of national security and military doctrines, in which they put forth strong accusations of aggression and intentional destabilization of international order. This article explores the nature of these accusations, and attempts to analyze them from the perspective of the theory of international relations. The research is based on formal examination and comparison of state legal documents, using the method of qualitative content analysis. The novelty of this work consists in an attempt of explore the main polemical tactics of creating the “image of the enemy” within the official national security doctrines of Ukraine, United States, and Russia through the prism of such key concept of the theory of international relations as “revisionism”. Leaning on the analytical evaluation of the fundamental documents of Ukraine and the United States on ensuring national security, the author concludes that the foreign policy position of Ukraine completely corresponds with the hegemonistic geopolitical course of the United States, suggesting antagonistic relations with Russia. In the dispute between Russia and the United States, the parties use similar formulations, their arguments are mirrored images, the national positions is justified by the appeals to the status quo. The use of normative language by each party of the dispute in defending actual national interests invokes caution, since it complicates rational discussion of issues.


MCU Journal ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 57-85
Author(s):  
Kyleanne Hunter ◽  
Emma Jouenne

Online misogyny is an under-studied form of information warfare. Often dismissed as “boys will be boys,” online misogyny has been allowed to percolate and create communities that have far-reaching impacts. The impacts of online misogyny are not confined to the internet. In this article, the authors show how the ubiquitous nature of online misogyny poses a national security threat. We explore three diverse case studies: the United States military, the incel movement, and ISIS to demonstrate the far-reaching nature of the security threat. Though the nature of the security threats is different, the intervening cause—unchecked online misogyny—is the same.


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