Main Articles

Featured, Main Articles, Volume 16

How Domestic Institutions Shape the Global Tech War

Anu Bradford,* Eileen Li,** & Matthew C. Waxman*** [This essay is available in PDF at this link] Abstract The United States (U.S.), China, and the European Union (EU) are engaged in a national security-driven economic competition over advanced technology. Many scholars and commentators focus on the external dimension of this geopolitical contest; that is, they describe the strategic choices by each actor in terms of geopolitical realities, threat perceptions, and relative power. However, this Article brings to the fore the internal dimension of the global tech war. We argue that each player’s strategy in the tech war is a function […]

Featured, Main Articles, Volume 16

Chinese Lawfare in Conflict: The Threat to U.S. Operations

Crispin Smith* [This essay is available in PDF at this link] Abstract The United States military and intelligence communities are sounding the alarm about the escalating risk of interstate conflict with the People’s Republic of China. China is already a premier practitioner of “lawfare” in the context of interstate competition, but the impact of Chinese lawfare in potential active conflict scenarios could be even more profound. Indeed, Chinese lawfare could set the conditions for U.S. or allied forces’ defeat before a single shot is fired. This paper introduces the concept of “operational lawfare” as the application of lawfare during interstate

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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