Religious Pluralism and Democratic Inclusion: The American Recipe for Peace

There is no simple formula for religious peace in the United States, such as “separation of church andstate.” Instead, the US Constitution establishes two opposing principles -- religious freedom and civicinclusion -- that must be continually rebalanced. The legal result is a “serpentine wall” between church andstate that creates zones of cooperation as well as separation. Moreover, the relatively peaceful coexistence ofdiverse religious communities within the United States is due, not simply to the principles of the FirstAmendment, but also to the de-spatialized and de-ritualized character of American religion, and to the absence of explicitly confessional parties in the American polity.     

Viewpoint: International Traffic in Arms Regulations—Controversy and Reform

The International Trade in Arms Regulations (ITAR) have, for decades, played a crucial role in shaping the movement of sensitive technology from the United States to the world. Originally intended to ensure military dominance, the ITAR regime is seen by some as stifling the competitiveness of American industry. A list known as the United States Munitions List (USML) contains the items subject to the ITAR export controls. This list includes clearly dangerous military technology such as missile navigation systems and fighter jet avionics but also includes seemingly benign items, such as coolant hoses or tape recorders for spacecraft. Among the items considered controversial are a number related to the space industry. An incident in the early 1990s began a jurisdictional tug of war. The United States strengthened its grip on the export of space technology. In the last two decades, some have observed a decline in the competitiveness of American industry. The content of the USML should be reviewed based not on the historical “catchall” approach, but rather based on a “military intent-based” or “military capability-based” approach. This will improve the competitiveness of the U.S. space industry without sacrificing national security.     

Viewpoint: Chinese Anti-Satellite Weapons: New Power Geometry and New Legal Policy

China entered the field of space weapons with the successful anti-satellite test on 11 January 2007. National policies of spacefaring states commit to the principle of peaceful uses of outer space as enshrined in the Outer Space Treaty, but there is no detailed internationally binding regulation on anti-satellite weapons. Since 1981, the United Nations General Assembly passed annual resolutions on the Prevention of an Arms Race in Outer Space. These resolutions call for negotiations in the Conference of Disarmament for establishing an internationally binding instrument about space weapons. However, the Conference of Disarmament is deadlocked. China's weapons test has changed the power geometry. This paper examines the policy impact of the Chinese test, especially on the United States.     

Ethnic Peace in the Taiwan Strait

The Taiwan Strait has often been referred to as one of the world’s most dangerous hotspots and many dire predictions have been made about a military conflict between mainland China and Taiwan, likely involving the United States. Yet, despite several crises in the Taiwan Strait and numerous war speculations, there has been no major armed conflict between Beijing and Taipei since the 1950s. How do we explain the puzzle that an expected war across the Taiwan Strait did not happen after all? This paper first examines the explanations based on military balance of power. Having found the realist/rationalist explanations less convincing, however, this study explores the explanatory power of the “ethnicity” factor. It suggests that when the Chinese society is no longer divided by ideological differences, the “ethnicity” may provide a more convincing explanation of why a military conflict has not happened in the Taiwan Strait in the past four decades. This paper also considers several counterarguments, including the neo-liberal argument of economic integration as a driving force for peace in the age of globalization. The paper concludes with a discussion of some policy implications resulting from the “ethnic peace” thesis and proposes that when actively promoted by the both sides, the Chinese ethnic identity is likely to be the most important strategic guarantee of peace and stability in the Taiwan Strait for many years to come.     

Viewpoint: Space System Negation in the Context of Space Policy and Law

For 21st century warfare, space is the unquestioned new high ground for military operations. The United States (U.S.) has relied on satellites for significant support to military operations and activities since Desert Storm in 1991. Indeed, the U.S. enjoys an asymmetric advantage in modern warfare utilizing our space capabilities. States with interests hostile to the U.S. believe that the significant dependence on space assets by the U.S. military could become its “Achilles heel” in future combat operations. What are the legal and policy bases for the U.S. to respond to threats to space systems that provide support to our military forces? Should the U.S. rely on space arms control initiatives to ensure security in space? This Viewpoint analyzes the international space law regime and U.S. National Space Policy framework applicable to the conduct of military space operations and activities, including the use of force in space to protect and defend our satellite networks as well as our military forces.     

“Freedom of Choice”: Israeli Efforts to Prevent Soviet Jewish Émigrés to Resettle in the United States

Beginning in 1967 the Soviet Union allowed some Jewish citizens to leave for family reunification in Israel (see Appendix ). Due to the break in diplomatic relations between Israel and the U.S.S.R., most émigrés traveled to Vienna where they were then flown to Israel. After 1976 the majority of émigrés who left on visas for Israel “dropped out” in Vienna and chose to resettle in the West. Several American Jewish organizations facilitated their obtaining visas and being resettled in the United States and other countries. This article examines efforts by Israel to deny Soviet Jewish émigrés the option of resettling in the United States. Israeli officials pressured American Jewish organizations to desist from aiding Russian Jews who wanted to resettle in the United States. Initially American Jews resisted Israeli efforts. Following Gorbachev's decision in the late 1980s to allow free emigration for Soviet Jews, the American Jewish community agreed to a quota on Soviet Jewish refugees in the United States, which resulted in most Soviet Jewish émigrés to Israel. The article uses the case study to explore efforts by American Jews and Israel to influence American refugee policy in the 1970s and 1980s. It provides insights into ethnic politics as well as “sponsored politics,” whereby Israel used the American Jewish community to further its interests in the making of United States foreign policy. It also deals with the issue of human rights and migration. While no migrant has the right to go to a country of his or her choice, Israel did deny some émigrés the right to exercise freedom of movement to other countries who welcomed them as refugees.     

The price of alliance: Anglo-American intelligence cooperation and Imperial Japan’s criminal biological warfare programme, 1944–1947

From 1932 to 1945, Imperial Japan secretly developed the largest state biological warfare (BW) programme of its time, which was unique in its use of biological weapons in warfare and in its inhumane experiments on captive Chinese civilians. After Japan’s surrender, US military intelligence teams searched for any evidence of BW activities, whilst sharing all it could find with its close partner, the UK. Despite the UK offering little intelligence material in return, it secured detailed US intelligence reports on Japanese BW war crimes, and colluded with the United States to keep these Japanese war crimes a secret.     

The Tradition Industry: Hofstadter and Santayana on Politics,Culture and Capitalism

Richard Hofstadter’s provocative interpretation of what he called The American Political Tradition has long interested students and scholars. Often read as a response to the crisis times of the depression 1930s and interventionist 1940s, the book’s origins are actually rooted in deeper cultural changes in the United States. This paper argues that George Santayana’s earlier essay, “The Genteel Tradition in American Philosophy” (1911), anticipated several key aspects of Hofstadter’s argument and proved to more accurately foresee the ideological course of twentieth century American politics.     

Border Security Technologies: Local and Regional Implications

The Bush administration's “Smart Border” accords with Mexico and Canada present a number of important implications for North America's border communities and regions. As part of the plans, new security technologies have emerged as the preferred policy solution to the difficult problem of screening for weapons and terrorist incursions into the United States through its international boundaries while maintaining flows of goods and individuals, key drivers of globalization and hallmarks of the North American Free Trade Agreement (NAFTA) era. These new technological systems have various capabilities, ranging from prescreening cargo to identifying problematic travelers to detecting nuclear material in trucks. Deploying these systems in border communities, however, invokes a range of important economic, social, and political challenges, all of which are under examination in this work. Using a risk‐centered approach to United States border security, this article explores several technologically oriented border control systems: screening, biometrics, and information technology. The research is based on regional field research and a public policy analysis method that uses Birkland's “focusing event” framework, a model that provides insights into the postcrisis policy formation process. The article concludes by offering an initial appraisal of these policies within the context of risk, interdependent border communities, and an open democratic society.     

Uncertainty,Shifting Power and Credible Signals in US-China Relations: Why the “Thucydides Trap” Is Real,but Limited

Journal of Chinese Political Science - Is conflict between a rising China and a declining United States inevitable? One of the main purported drivers of the “Thucydides Trap” is that...     

Viewpoint: China and Space War

In January of 2007, China knocked one of its weather satellites out of orbit, and threw the international community into panic. Some figured the satellite-killer test was the harbinger of a future war in space that could cripple a technology-dependent United States military. This viewpoint examines the possibilities of a Chinese assault on American satellites.     

“Illegalizing” Families: State,Status, and Deportability NPS Christian Bay Best Paper Award Winner,APSA 2018, Boston

There is a paradox within United States immigration policy. Immigration policy separates families while also promising family unity. We address this paradox by arguing that state actors use “family” as a state-granted status. The state perceives some households as families and grants them benefits, while forcing other households to live as legal strangers. Individuals may form familial relationships, but the privileges and status of family are controlled by state actors and institutions. When state actors separate low-wage immigrant worker families, the state's family-status-granting power keeps these workers and their families in a state of “deportability”-a legally ambiguous limbo-satiating business interests and securing a captive low-wage workforce. Lacking legal legitimacy, but financially and socially tied to their families and communities in the U.S., these immigrants have few options but to accept off-the-radar work and to raise their children while living as “outlaws.”     

Protecting the Space Network and the Future of Self-Defense

The inherent right of self-defense is critical in protecting the United States (U.S.) space network from growing threats. The scope of this right is frequently questioned, and as applied to the space network, raises several questions. To what extent does the right of self-defense extend outside U.S. territory? Is it permissible under this right to defend non-U.S. registered space assets? What is the standard for establishing an “armed attack” in space? Is the intent of the attackers or the scope of the attack relevant in exercising this right in space? In a 2003 case from the International Court of Justice, the Case Concerning Oil Platforms, many of these questions were addressed, not in the context of a space war, but in the context of a factually analogous conflict, the Tanker War of the 1980s. The Oil Platforms case may be a harbinger for an international shift in the interpretation of the inherent right of self-defense in such a manner as to severely limit U.S. military options in response to an attack on it space systems. This is a shift the U.S. must be prepared to counter.     

Why George W. Bush Is a Unilateralist and How It Will Affect the 2004 Presidential Election

ABSTRACT

U.S. President George W. Bush has had a stormy relationship with Europe. Bush campaigned on a theme of putting America's interests first and eschewing multilateralism when necessary. Since taking office, Bush has been true to his campaign pledges. Bush's style and substance have caused many in Europe to regard him as a “buffoon” at best and a dangerous cowboy at worst. What the Europeans do not seem to understand is that, for better or worse, George W. Bush's view of the world is held by a substantial portion of the American people, and even when the U.S. had a more Euro-friendly leader in President Bill Clinton, America's policies were often at odds with those preferred by its allies in Europe. This is due to a fundamental difference that has developed between Europe and the United States over the last century. Today, no matter who occupies the White House, American foreign policy is likely to be in conflict with Europe's. Far from being a liability, this difference is likely to be a political asset to George W. Bush in the 2004 presidential election.     

Staasbildung oder Staatszerfall? Zum Formwandel Kriegerischer Gewalt in der Weltgesellschaft

The nexus between warfare and statebuilding that historians have stressed for European history, seemingly does not apply for the history of warfare after 1945. Instead, numerous political scientists hint to an ongoing depolitization of contemporary warfare and interpret civil wars as “state failure”. This analysis of war development after 1945 shows along the distinction of five realtypes that neither the thesis of a depoliticisation can be supported by the material presented, nor is the system of states endangered by the outcome of intrastate warfare. The problems of state-building, it seems, might rather be caused by economic decline and an increase of internationalisation.     

Decentralization as a Post‐Conflict Stabilization Tool: The Case of Sierra Leone

Sierra Leone's experience with decentralization as a post‐conflict stabilization tool highlights both the value of making and keeping a promise to empower citizens through local government and the importance of fully implementing that promise over a longer time horizon. The emergence of the country from civil conflict into peace and stability is one of the greatest success stories of post‐conflict stabilization. Although the nation has enjoyed over a decade of peace (and peaceful transitions from party to party), many of the conditions that laid the groundwork for conflict remain, especially in rural areas, due to the partial implementation of the decentralization framework. Based on a post‐conflict perspective, we review the re‐emergence of local governments in Sierra Leone following the civil war, the institutional and legal framework within which they exist, and some of the remaining challenges the nation faces. Copyright © 2016 John Wiley & Sons, Ltd.     

The Malayan special branch on the Malayan–Thai frontier during the Malayan emergency (1948–60)

The Malayan Special Branch was the main intelligence agency of the Malayan government during the Malayan Emergency of 1948–60. It was a critical determinant in the government's efforts to defeat the determined attempts of the Malayan Communist Party (CPM) and its guerrilla army, the Malayan National Liberation Army (MNLA), to overthrow the Malayan government and establish a Socialist People's Republic of Malaya. This paper examines the counterinsurgency operations carried out by the Malayan Special Branch in southern Thailand as part of the Emergency, and the establishment of a Special Branch Border Section in Penang and a joint regional Malayan–Thai Special Branch office in Songkhla, southern Thailand, to coordinate intelligence operations against the communist insurgents.     

Export Controls and United States Space Power

This article assesses the impact of export policy on 21st century United States space power. The efficacy of current export controls in preventing the proliferation of space technologies and maintaining United States advantage is evaluated. The study finds that space launch technology has been and remains highly globalized; the United States has lost significant international communications satellite market share, but it maintains a tangible lead in position, navigation, and timing systems; and the recent growth in foreign imaging systems, both radar and optical, have eroded any advantage the United States once enjoyed. Furthermore, export controls have not appreciably slowed the internationalization of space and breaking dependency on the United States is a common underlying theme. The paper goes on to highlight the unintended consequences stemming from current policy, including limiting access to advanced technology of foreign origin, limiting access to foreign-born expertise, and adding “fog” and “friction” to the execution of programs that include foreign content. This paper finds current export control policy is incongruent with 21st century space power programs and initiatives, such as Operationally Responsive Space, Coalition Space, and “Soft” Space Power. Export control reform is suggested herein on the basis of developing a trusted community of trading partners.     

The War on Cyberterrorism

This article addresses the problem of international law enforcement within the War on Cyberterrorism. Hybrid conflicts have replaced the traditional ones, and new threats have emerged in cyberspace, which has become a virtual battlefield. Cyber threats - cybercrimes, cyberterrorism, cyberwarfare - are a major concern for Western governments, especially for the United States and the North Atlantic Treaty Organization. The international community has begun to consider cyberattacks as a form of terrorism, to which the same measures apply. Because the term “terrorism” is ambiguous and legaly undefined, there is no consensus on a definition of the derivative term “cyberterrorism”, which is left to the unilateral interpretations of states. Pretending to consider the cyberspace domain as traditional domains, and claiming to apply IHL for the sole purpose of lawfully using armed forces in contrast to cyberterrorism is a stretch. This paper addresses the question of whether or not current laws of war and international humanitarian law apply to cyber domain, and gives some recommendations on how to tackle this issue.