Journal of National Security Law & Policy

Journal of National Security Law & Policy The world's only peer-reviewed journal devoted exclusively to national security law and policy. Volume 7:3 is now available on jnslp.com. JNSLP welcomes submissions of articles, essays, and book reviews that analyze timely national security challenges and recommend policy solutions.

The Journal of National Security Law and Policy hosted its 2021 annual symposium this week, featuring a keynote discussi...
03/26/2021
Shifting the Great Power Competition: Emerging and Continuing Threats with China with Jim Steinberg

The Journal of National Security Law and Policy hosted its 2021 annual symposium this week, featuring a keynote discussion with James Steinberg, former US Deputy Secretary of State and University Professor of Social Science, International Affairs and Law at Syracuse University.

Steinberg and James Feinerman, Professor of Law at Georgetown University, sit down to discuss US-China relations, managing differences, and the ongoing power struggle between both nations.

The interview taps Steinberg’s wealth of experience with China to address the biggest challenges facing the Biden Administration and his recommendations for the way ahead.

Syracuse University College of Law Professor William C. Banks, Chair of the ABA Standing Committee on Law and National Security and Editor-in-Chief of JNSLP, provides opening remarks.

The Georgetown Journal of National Security Law & Policy (JNSLP) hosted it's 2021 annual symposium this week, featuring a keynote discussion with Jim Steinberg, former U.S. Deputy Secretary of State.

Join us on March 23rd and 24th as we discuss Human Rights, Technology Disputes, and Competition in the South China Sea.R...
02/16/2021

Join us on March 23rd and 24th as we discuss Human Rights, Technology Disputes, and Competition in the South China Sea.
Register here - https://jnslp.com/symposium/.

Join us on March 23rd and 24th as we discuss Human Rights, Technology Disputes, and Competition in the South China Sea.
Register here - https://jnslp.com/symposium/.

Check out our new online volume with National Security Law Experts sharing their views on the events of January 6th. Tha...
01/26/2021
Special Online Issue: Capitol Insurrection 2021 Archives - Journal of National Security Law & Policy

Check out our new online volume with National Security Law Experts sharing their views on the events of January 6th. Thank you to our colleagues at Syracuse University Institute for Security Policy and Law for their help!

Issue Archive, Special Online Issue: Capitol Insurrection 2021 Introduction to the Special Online Issue on the 2021 Capitol Insurrection January 25, 2021 Leave a comment January 6, 2021, was supposed to be the day that Joe Biden became the congressionally certified winner of the 2020 presidential el...

Interested in National Security Law? Find out more about the National Security Law LLM Program at Georgetown Law! https:...
01/13/2021
Welcome! You are invited to join a meeting: LL.M. in National Security Law Information Session. After registering, you will receive a confirmation email about joining the meeting.

Interested in National Security Law? Find out more about the National Security Law LLM Program at Georgetown Law! https://georgetown.zoom.us/meeting/register/tJ0sdOivqjsiHNBSYx4fWCuRMlVAxsNv3eH0 Georgetown Law Georgetown center on national security and the law

Welcome! You are invited to join a meeting: LL.M. in National Security Law Information Session. After registering, you will receive a confirmation email about joining the meeting.

https://www.thirdway.org/events/catching-the-cybercriminal-reforming-global-law-enforcementWe hope you can join us for w...
11/14/2019
Catching the Cybercriminal: Reforming Global Law Enforcement – Third Way

https://www.thirdway.org/events/catching-the-cybercriminal-reforming-global-law-enforcement

We hope you can join us for what is sure to be an interesting day!

Watch the symposium! Click here and use password “CYBERCRIME” to access the livestream on November 18th.Can cybercriminals and the organizations often behind them actually be caught, and held accountable? What more can, and should, be done?New York University’s Center for Cybersecurity, the Jo...

Join us at Georgetown Law on November 7th for a screening of The Man Nobody Knew: In Search of My Father, CIA Spymaster ...
10/28/2019

Join us at Georgetown Law on November 7th for a screening of The Man Nobody Knew: In Search of My Father, CIA Spymaster William Colby followed by a fascinating discussion on ethics and intelligence operations in liberal democracies with Michael Morrell, Avril Haynes, and Professor Seamus Miller.

New JNSLP Article—Full Court Press: Preventing Foreign Adversaries from Exfiltrating National Security Technologies Thro...
07/29/2019
Full Court Press: Preventing Foreign Adversaries from Exfiltrating National Security Technologies Through Bankruptcy Proceedings - Journal of National Security Law & Policy

New JNSLP Article—

Full Court Press: Preventing Foreign Adversaries from Exfiltrating National Security Technologies Through Bankruptcy Proceedings

While an important part of US innovation and culture, bankruptcy proceedings have nonetheless become a unique avenue through which foreign adversaries are able to acquire sensitive US national security-related technology and intellectual property. Through a detailed analysis of the current gaps in federal regulations governing foreign investment and bankruptcy proceedings in the US, Camille Stewart provides the reader an in-depth look into exactly how foreign companies have been able to circumvent these US foreign investment regulations.

In raising awareness to an issue that could ultimately leave the United States vulnerable to destructive cyberattacks, Stewart argues that training and equipping bankruptcy judges to identify potential national security concerns in bankruptcy cases will help mitigate the exfiltration of national security-related information and technology.

http://jnslp.com/2019/07/29/full-court-press/

... adversaries are able to acquire sensitive US national security technologies and intellectual property. Through a detailed analysis ...

Journal of National Security Law & Policy, 10:1Vol. 10, No. 1 of JNSLP features articles spanning nuclear non-proliferat...
04/22/2019

Journal of National Security Law & Policy, 10:1

Vol. 10, No. 1 of JNSLP features articles spanning nuclear non-proliferation to the role of human behavior in national security decisionmaking.

The issue opens with a critical look at the development and performance of the UN Security Council Resolution 1540 regime. 10:1 also includes an analysis of the conflicting and unclear state of authorities within the Intelligence Community, an article examining the role of the “prominence effect” in national security decisionmaking, and an overview of the US military’s position on climate change.

10:1 also provides perspectives on issues related to emerging technology, including a proposal for a new exception to the Foreign Sovereign Immunities Act to address the cyber threat and an overview the potential legal, policy, and ethical challenges that will arise as governments inevitably begin to employ artificial intelligence and machine learning algorithms to inform their use of force decisions.

Two book reviews examine Professor Eric K. Yamamoto’s timely book In the Shadow of Korematsu: Democratic Liberties and National Security and retired Brig. Gen. Kenneth Watkin’s new study, Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict.

http://jnslp.com/topics/read/vol-10-no-1/

New JNSLP Article:Building a Universal Counter-Proliferation Regime: The Institutional Limits of United Nations Security...
02/11/2019
Building a Universal Counter-Proliferation Regime: The Institutional Limits of United Nations Security Council Resolution 1540 - Journal of National Security Law & Policy

New JNSLP Article:

Building a Universal Counter-Proliferation Regime: The Institutional Limits of United Nations Security Council Resolution 1540

The risk of Weapons of Mass Destruction materials falling into the hands of criminals continues to be a major security concern following 9/11. Efforts to curb the threat culminated in 2004 with U.N. Security Council Resolution 1540. Resolution 1540 created an international institution—the 1540 regime—that was intended to prevent WMD proliferation by closing legal gaps in every U.N. member state. In addition to prohibiting states from engaging in proliferation activities, the instrument obliges states to address WMD trafficking at home through both criminal law enforcement and regulatory oversight ...

http://jnslp.com/2019/02/11/building-a-universal-counter-proliferation-regime-the-institutional-limits-of-united-nations-security-council-resolution-1540/

Sarah Shirazyan's article on "Building a Universal Counter-Proliferation Regime" proceeds in four steps ....

Please join us for the Journal of National Security Law & Policy annual symposium! This year’s symposium is The Continui...
01/29/2019
JNSLP Symposium Invitation - The Continuing Threat of Nuclear Weapons

Please join us for the Journal of National Security Law & Policy annual symposium!

This year’s symposium is The Continuing Threat of Nuclear Weapons, and is brought to you by the JNSLP, the Georgetown Center on National Security and the Law, and the Georgetown Center for Asian Law.
The symposium will take place Monday, February 25, 2019 at Georgetown Law from 9:00 AM – 3:20 PM. The event will be held on the 12th floor of the Gewirz Student Center.

In addition to the following three panels, the symposium will also feature a lunchtime keynote speech by Joseph Cirincione, President of Ploughshares Fund ...

[email protected] Please join us for the Journal of National Security Law & Policy annual symposium! This year’s symposium is The Continuing Threat of Nuclear Weapons, and is brought to you by the JNSLP, the Georgetown Center on National Security and the Law, and the Georgetown Center for Asian Law. ...

New JNSLP Article—Gathering Intelligence: Drifting Meaning and the Modern Surveillance ApparatusSince its implementation...
01/28/2019

New JNSLP Article—Gathering Intelligence: Drifting Meaning and the Modern Surveillance Apparatus

Since its implementation in 1981, Executive Order 12,333 has served as a general charter governing the structure and operations of the Intelligence Community. While legislation has imposed a degree of added judicial and congressional oversight, the executive branch continues to retain sole discretion over large swathes of foreign intelligence activity today.

Over the past several decades, and in accordance with E.O. 12,333’s mandate, members of the Intelligence Community have each created internal agency manuals to guide their foreign intelligence operations. These manuals identify and define a range of technical terms critical to determining the scope of agencies’ intelligence-gathering authority, including what information is gathered, how long that information is retained, and the uses to which it may be put. But over time, the dispersion of authority to make decisions within and across intelligence agencies has enabled drift in the meaning of these terms. Together, the manuals have created a thicket of often conflicting and unclear definitions that are difficult for Congress, the courts, and even committees within the executive branch to understand.

In this article, Diana Lee, Paulina Perlin, and Joe Schottenfeld provide the first sustained analysis of these definitional inconsistencies, their consequences, and efforts to address the problem from within and outside the executive branch ...

http://jnslp.com/wp-content/uploads/2019/01/Gathering_Intelligence.pdf

New JNSLP article: Stephen Dycus reviews Professor Yamamoto’s In the Shadow of Korematsu: Democratic Liberties and Natio...
01/17/2019
Requiem for Korematsu? - Journal of National Security Law & Policy

New JNSLP article: Stephen Dycus reviews Professor Yamamoto’s In the Shadow of Korematsu: Democratic Liberties and National Security, published just weeks before the Supreme Court decided Trump v. Hawaii ...

http://jnslp.com/2019/01/16/requiem-for-korematsu/

Stephen Dycus reviews Professor Eric K. Yamamoto’s timely book In the Shadow of Korematsu: Democratic Liberties and National Security, published just weeks before the Supreme Court decided Trump v. Hawaii. Dycus draws out the book’s core themes, highlighting Yamamoto’s analysis of the Koremats...

New JNSLP Article—From Protecting Lives to Protecting States: Use of Force Across the Threat ContinuumRetired Brigadier ...
01/16/2019
From Protecting Lives to Protecting States: Use of Force Across the Threat Continuum - Journal of National Security Law & Policy

New JNSLP Article—From Protecting Lives to Protecting States: Use of Force Across the Threat Continuum

Retired Brigadier General Kenneth Watkin’s new book, Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict, helps address some of the issues with the increasingly blurred line between international humanitarian law and human rights law ...

http://jnslp.com/2019/01/16/from-protecting-lives-to-protecting-states-use-of-force-across-the-threat-continuum/

Retired Brigadier General Kenneth Watkin’s new book, Fighting at the Legal Boundaries: Controlling the Use of Force in Contemporary Conflict, helps address some of the issues with the increasingly blurred line between international humanitarian law and human rights law. Professor Mitt Regan’s re...

New JNSLP Article: The National Security Impacts of Climate ChangeAs global sea levels rise and extreme weather events b...
12/19/2018
The National Security Impacts of Climate Change - Journal of National Security Law & Policy

New JNSLP Article: The National Security Impacts of Climate Change

As global sea levels rise and extreme weather events become more frequent and more intense, what is the impact on our nation’s military readiness and the capabilities of its forces to carry out their missions? On both the domestic and international front, the effects of climate change could become catastrophic, overwhelming disaster-response capabilities ...

http://jnslp.com/2018/12/19/the-national-security-impacts-of-climate-change/

... recognized as having national security implications, which has spurred dialogue between the climate change and national security communities ...

New JNSLP Article—Sovereign Immunity in Cyber Space: Towards Defining a Cyber-Intrusion Exception to the Foreign Soverei...
12/13/2018
Sovereign Immunity in Cyber Space: Towards Defining a Cyber-Intrusion Exception to the Foreign Sovereign Immunities Act - Journal of National Security Law & Policy

New JNSLP Article—Sovereign Immunity in Cyber Space: Towards Defining a Cyber-Intrusion Exception to the Foreign Sovereign Immunities Act

In light of recent foreign cyber-assaults that have jeopardized personal privacy in the United States, it is time for individuals to explore opportunities for private suits against foreign governments. In the first attempt to do this, Doe v. Federal Democratic Republic of Ethiopia, the courts found that the Foreign Sovereign Immunities Act barred suit under the Wiretap Act’s private cause of action and the common law tort of intrusion upon seclusion. Kurland posits that either a new exception should be added to the FSIA to ameliorate this legal lacuna.

http://jnslp.com/2018/12/13/sovereign-immunity-in-cyber-space-towards-defining-a-cyber-intrusion-exception-to-the-foreign-sovereign-immunities-act/

... courts found that the Foreign Sovereign Immunities Act barred suit under the Wiretap Act’s private cause of action and the common law tort ...

New JNSLP Article—Outsourcing Intelligence Analysis: Legal and Policy Risks"The outsourcing of intelligence, while not a...
05/30/2018
Outsourcing Intelligence Analysis: Legal and Policy Risks - Journal of National Security Law & Policy

New JNSLP Article—Outsourcing Intelligence Analysis: Legal and Policy Risks

"The outsourcing of intelligence, while not a recent phenomenon, has become more commonplace in the face of increased operations and fiscal pressure since the terror attacks of Sept. 11, 2001. While outsourcing has many benefits, it also brings certain general difficulties. As outsourcing decisions continue, it is critical that lawmakers understand the policy and legal implications of such choices" ...

http://jnslp.com/2018/05/30/outsourcing-intelligence-analysis-legal-and-policy-risks/

Outsourcing intelligence, while not a recent phenomenon, has become more commonplace in the face of increased operations and fiscal pressure since the terror attacks of Sept. 11, 2001. While outsourcing has many benefits, it also brings certain general difficulties. As outsourcing decisions continue...

New JNSLP Article: Replacing the “Sword of War” with the “Scales of Justice”: Henfield’s Case and the Origins of Lawfare...
05/22/2018
Replacing the “Sword of War” with the “Scales of Justice”: Henfield’s Case and the Origins of Lawfare in the United States - Journal of National Security Law & Policy

New JNSLP Article: Replacing the “Sword of War” with the “Scales of Justice”: Henfield’s Case and the Origins of Lawfare in the United States

The United States government’s 1793 prosecution of Gideon Henfield represents the first instance of the lawfare engaged in by the fledgling government. Over the course of the decades that followed, criminal prosecution became a default selection for addressing national security threats. This article examines how the Washington Administration utilized law as a weapon to defend itself from the British and French and set the precedent for using prosecutions to achieve national security objectives.

http://jnslp.com/2018/05/22/replacing-the-sword-of-war-with-the-scales-of-justice-henfields-case-and-the-origins-of-lawfare-in-the-united-states/

The United States government’s 1793 prosecution of Gideon Henfield represents the first instance of the lawfare engaged in by the fledgling government. Over the course of the decades that followed, criminal prosecution became a default selection for addressing national security threats. This artic...

New JNSLP Article! Rock or Island: It Was an UNCLOS CallGeospatial Intelligence (GEOINT) provides legal value in present...
05/21/2018
Rock or Island: It Was an UNCLOS Call - Journal of National Security Law & Policy

New JNSLP Article! Rock or Island: It Was an UNCLOS Call

Geospatial Intelligence (GEOINT) provides legal value in presenting historical and existing facts to judicial bodies in their efforts to achieve the peaceful use of the seas, consistent with the United Nations Convention on the Law of the Sea (UNCLOS). The 2016 South China Sea Arbitration highlighted the value of GEOINT and demonstrates how GEOINT will be important in promoting a rules-based order in the maritime domain.

http://jnslp.com/2018/05/21/rock-or-island-it-was-an-unclos-call/

Geospatial Intelligence (GEOINT) provides legal value in presenting historical and existing facts to judicial bodies in their efforts to achieve the peaceful use of the seas, consistent with the United Nations Convention on the Law of the Sea (UNCLOS). The 2016 South China Sea Arbitration highlighte...

Address

Georgetown University Law Center, 600 New Jersey Ave NW
Washington D.C., DC
20001

Alerts

Be the first to know and let us send you an email when Journal of National Security Law & Policy posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Business

Send a message to Journal of National Security Law & Policy:

Nearby government services


Comments

POLICE NEED TO BE TRAINED AS PEACE KEEPERS TRANSPARENCY - ACCOUNTABILITY - COMMUNITY POLICING PLEASE CONSIDER... Police, body of officers representing the civil authority of government. Police typically are responsible for maintaining public order and safety, enforcing the law, and preventing, detecting, and investigating criminal activities. These functions are known as policing. ( Webster's dictionary). The definition maybe simplified, but the basis states that Police are persons of authority, armed and able to maintain public order and safety. We have seen may cases of violence set upon Citizens and Police alike in North America. Justified violence? Is that the important issue here? The main issue is that Our Society is filled with FEAR. Police fear for their lives, loss of authority while Citizens Fear those who are suppose to be protecting them. Why the FEAR? So many reasons... Armed Criminality Social injustice & prejudice Racism (personal & institutionalized Availability of weapons Supposed media availability(everyone has a video) Generational Poverty & Unemployment Fear of all kinds transforming our society into groups...cultural, social, political, economic classes, race. Even when we protest the injustices of the world we come face to face with Fear whether it be institutional ignorance, police/social oppression, societal exclusion's. Have you ever been in a predominately poverty stricken community walking at night, see three youths coming towards you on side walk? Hoodies in the dark. What to do. Fear of the possible. A couple driving a premier vehicle in an exclusive neighborhood are stopped. If they were white they'd still be driving, but no. Police check. Why? Fear of the possible. Lets get rid of this fear. Lets change how Police and Policing are viewed. No longer should police be viewed as those to be feared. Police should be Trained as PEACE KEEPERS Police Keepers do what? Stand between opposing forces to negotiate and stop violence. I experienced an event in New York City long ago. We were on a bus when two officers came aboard. A young man stood up and pointed his fire arm at them. What did they do? Have a shootout? No. One officer stepped back down the stairs while the other spoke to the young man. We were all involved in this conversation. The officer knew how to de escalate the situation. The young man went down the stairs, sitting on a bench with an officers while the other stood behind him. Peace Keepers talk, discuss, influence situational experiences. As a clergyman I to learnt the power of intelligent gabbing. Explain the pros and cons of existing or future events. Have a gun, what can happen to you or others if that gun is used. Communicate-Walk in Their Shoes - Respond Peace Keepers find solutions to problems. They often hash out political-Personal issues between individuals and groups. Policing has become a multi tasking career. Part police, social worker & diplomate. Remember the Police are agents of The Justice system but they do not punish. The Courts decide what is fair and just. The Police learn and proclaim Laws of the land. Therefore if someone has been perceived to break a law, the police respond in an intelligent controlled manner. Most times violence is not needed. If a law breaker does not fear the police, knowing they will be going to court where they'd be judged violence can be avoided. Do the Police know this? Is every Citizen in Our Land viewed as innocent or possibly guilty. Do the Police Fear Us(the Citizenry) so much that weapons in hand have become habitual? Policing needs to become Community Centered. Police and our citizens need to learn what it is like to live in one another's shoes. I lived in the Bronx of @ a year. White, Black , Hispanic, Asian...we all lived below the poverty line, among those who stood outside of the American experience. Low income, addiction, low prospects. Yet the communities in the Bronx were centers of helpful, charitable Community also. Respect given and taken by all. The police lived in the community. They knew the Fears, Joys and Expectations of their neighbors and responded with open hands & hearts. S**t happened, yes, but there was more good then bad. We need to know each other, seeing our neighbors with new eyes. The prejudices of the past and present can be understood and dealt with intelligently. A Peace Keeper is possibly the most flexible of our armed forces. Thrown into every possible situation they need to adapt and respond in a constructive manner. So too Our Police. Pulling a weapon is a last resort. A Good person standing in their uniform, ready to serve their neighbor should be all that's needed. Armed yes. There are situation that require the authority of a weapon, But the power of intelligent thoughts can be voiced, transforming a situation of potential violence into a act of peaceful good. Our Police need to be trained as peace keepers. The days of turning off body cams, taking a hooligan down town for a beating, hassling someone cause they are in a car, neighborhood not symbolic of their demographic Must end. Eric Cartman, a character of South Park bark's these words "Respect My Authority". That is what is happening throughout North America. Police FEAR loss of their authority. Every ones seemingly questioning that authority on social media, videos and the media. I guess what I am saying is Authority is not as powerful as Respect. Found in the same statement, both words actually compliment each other. Respect My Authority. Police are not in themselves authority, but represent Authority. Who gives them this authority? We do. It is not Them and Us. It is US. WE are the authority they represent. As God says "I Am" we the people should proclaim to all RESPECT OUR AUTHORITY. Who will represent us in the world? The Peace Keepers of society, our neighbor's "THE POLICE". STEVEN KASZAB Bradford, Ontario [email protected]