Author name: harvardnsj

Heller Symposium, Online Edition

On the Pitfalls of Technophilic Reason: A Commentary on Kevin Jon Heller’s “The Concept of ‘the Human’ in the Critique of Autonomous Weapons”

* This article is part of a symposium on Kevin Jon Heller’s “The Concept of “the Human” in the Critique of Autonomous Weapons,” published in this journal in 2023. All articles in the symposium can be found in the Harvard National Security Journal Online at https://harvardnsj.org/onlineedition.   Elke Schwarz[**] Neil Renic[***] [This essay is available in PDF at this link] I. Introduction Critiquing a critique is a delicate matter. One risk is that the intention of the critique (either one) is distorted or misconstrued. The motivations of the respective authors can be difficult to grasp with precision, and we all read texts […]

Online Edition

“Using the Force” Against “Rebel Scum”: The Application of International Humanitarian Law in Outer Space Against Non-State Actors

Haldor Mercado* [This essay is available in PDF at this link] I.      Introduction             As an enormous superweapon known as the “Death Star” orbits the Earth-like planet of Alderaan, the commander gives the order to “fire when ready”; with the press of a button and the pull of a lever, a beam of energy obliterates the planet.[1]  Since Star Wars was first released in 1977, that scene and others like it have remained fanciful; there has not yet been the kind of military conflict in outer space that is frequently depicted in science fiction. That could change, however. Wars in outer space have only become more

Featured, Main Articles, Volume 16

Volume 16, Issue 1

Articles Protecting the U.S. National Security State from a Rogue President By Laura A. Dickinson The presidency of Donald Trump revealed weaknesses in the U.S. constitutional structure and its legal rules, weaknesses that had been covered over for most of our history because presidents of all political parties voluntarily obeyed norms of behavior that kept the presidency within the bounds of constitutional democratic governance. Unfortunately, there is no guarantee that such norms have been permanently restored. Thus, scholars, policymakers, and judges must consider now how to protect the rule of law from a rogue president, rather than waiting for the

Main Articles, Volume 16

Protecting the U.S. National Security State from a Rogue President

Laura A. Dickinson* [This essay is available in PDF at this link] Abstract The presidency of Donald Trump revealed weaknesses in the U.S. constitutional structure and its legal rules, weaknesses that had been covered over for most of our history because presidents of all political parties voluntarily obeyed norms of behavior that kept the presidency within the bounds of constitutional democratic governance. Unfortunately, there is no guarantee that such norms have been permanently restored. Thus, scholars, policymakers, and judges must consider now how to protect the rule of law from a rogue president, rather than waiting for the next crisis

Main Articles, Volume 16

Chip Security: Reconciling Industrial Subsidies with WTO Rules and National Security Exception

“Mark” Min Seong Kim* [This essay is available in PDF at this link] Abstract Justified as a national security law, the CHIPS and Science Act (“CHIPS Act”) channels an unprecedented $53 billion federal investment to reshore semiconductor production and reduce dependence on chips manufactured in China. This article documents the unique supply chain risks and institutional history that have led the United States to recognize the semiconductor supply chain as a matter of national security. Despite its success in incentivizing $450 billion in private investment at home, the CHIPS Act inspired retaliation from China and a $380 billion global chip

Main Articles, Volume 16

The Legality of Defending National Activities on the Moon

Francesca Giannoni-Crystal* [This essay is available in PDF at this link] Abstract This paper explores the issue of defending national activities on the Moon—the first celestial body that will be subject to human activities. Concentrated resources, insufficient project coordination, and uncertainties in the international framework make the lunar surface a ripe arena for stakeholder conflicts. While commercial space companies may try to defend their activities with private security forces, governments will likely be called upon to protect lunar activities. This may include actions taken pursuant to the law of internationally wrongful acts; however, because of nature of space law and

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