Main Articles, Volume 15

The Significance of a Judicial Power to Identify Major Questions and Shield State Secrets for the Future of Foreign Affairs and National Security Governance

Karen C. Sokol [*] [This essay is available in PDF at this link] Foreign relations and national security law scholars devote significant attention to the expansion of executive power resulting from broad delegations of statutory authority or inaction by Congress and from the considerable deference that courts often afford the executive in cases challenging its actions in the spheres of foreign affairs and national security. Recent decisions of the Roberts Court, however, make clear that scholars should pay just as much—and in some respects perhaps more— attention to the expansion of judicial power. In this essay, I show why by comparing the […]

Main Articles, Volume 15

Large Constellations of Small Satellites: The Good, the Bad, the Ugly, and the Illegal

David A. Koplow [This essay is available in PDF at this link] The most exciting and far-reaching contemporary developments regarding human activities in outer space arise from the recent drastic reductions in the costs of building, launching, and operating satellites, and from the concomitant sudden emergence of large constellations of small, inexpensive, privately-owned spacecraft. These satellites—devoted to highly remunerative functions such as communications (bringing high-speed, affordable internet to underserved constituencies), remote sensing (facilitating land use planning, weather forecasting, and emergency search and rescue), and support for military operations (in Ukraine and elsewhere)—already number in the thousands and will soon reach the

Main Articles, Volume 15

Performative Economic Sanctions: How Sanctions Work Without Economic Harm

[et_pb_section fb_built=”1″ _builder_version=”4.23.1″ global_colors_info=”{}”][et_pb_row _builder_version=”4.23.1″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text _builder_version=”4.23.1″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”] Katniss Xuejiao Li[*] [This essay is available in PDF at this link] This Article proposes and develops a concept of performative economic sanctions, challenging the traditional notion that sanctions must inflict eco- nomic harm to be effective. It examines the sanctions practices of China and Russia, unveiling a strategic approach that is different from the conventional model of coercive sanctions. Unlike typical sanctions which aimed at economic harm on the targets, performative sanctions leverage rhetoric that appeals to nationalist sentiments, alongside a

Main Articles, Volume 15

How Private Actors Are Impacting U.S. Economic Sanctions

[et_pb_section fb_built=”1″ _builder_version=”4.23.1″ global_colors_info=”{}”][et_pb_row _builder_version=”4.23.1″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text _builder_version=”4.23.1″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”] Maryam Jamshidi[*] [This essay is available in PDF at this link] Economic and trade sanctions are typically understood as the exclusive province of governments and intergovernmental organizations. Private parties have, however, long played a role in sanctions regimes. For example, private plaintiffs holding unsatisfied, terrorism-related civil judgments have used various U.S. federal statutes to enforce those judgments against assets blocked by U.S. sanctions. Most recently, plaintiffs with judgments against the Taliban have used some of those federal laws to execute against the

Main Articles, Volume 15

Return to Sender?: Analyzing the Senior Leader “Open Letter” On Civilian Control of the Military

[et_pb_section fb_built=”1″ _builder_version=”4.23.1″ global_colors_info=”{}”][et_pb_row _builder_version=”4.23.1″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text _builder_version=”4.23.1″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”] Maj. Gen. Charles J. Dunlap, Jr., USAF (Ret.)[*] [This essay is available in PDF at this link] In response to the September 2022 open letter, “To Support and Defend: Principles of Civilian Control and Best Practices of Civil-Military Relations,” by eight former secretaries of defense and five former chairmen of the Joint Chiefs of Staff, this Article adds a piece to the unsettled puzzle of civil-military relations. The Letter attempts to detail “core principles or best practices” (CP/BP) regarding civil- military relations,

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