Showing papers by "Naval War College published in 2014"

Piracy and Maritime Crime: Historical and Modern Case Studies

Abstract: : Piracy is a basic and fundamental concern for all navies. From almost the beginning of state-sponsored navies, piracy suppression has been one of their major responsibilities -- when Julius Caesar was captured by pirates in 76 BCE, the first thing he did after paying the pirates' ransom and being released was to fit "out a squadron of ships to take his revenge." Despite piracy's importance and the continued frequency of piratical attacks, however, relatively few scholarly works have been written analyzing cases of modern piracy and piracy suppression in terms of varying strategic, policy, and operational decisions. This edited collection of case studies attempts to fill this gap. There have been a number of important historical studies that have dealt with the subjects of piracy and piracy suppression. Books written from the point of view of those wishing to end piracy have tended to focus on legal issues, including the rights of victims, the procedures and decisions of Admiralty courts in punishing pirates, and the capture of piracy ships as prizes. Others have looked at the existence of piracy in terms of one particular place or time period, with the Barbary Coast and the Caribbean Sea claiming disproportionate shares of attention. Pirates are often romanticized; Forbes magazine has recently listed history's top-earning pirates, including Samuel "Black Sam" Bellamy at US$120 million (2008 dollars), Sir Francis Drake at US$115 million, and Thomas Tew at US$103 million. More famous pirates, like Edward Teach (Blackbeard), came in far down the list, at tenth place, with only US$12.5 million.

Rewired Warfare: Rethinking the Law of Cyber Attack

Abstract: The most significant debate regarding the applicability of international humanitarian law to cyber operations involves interpretation of the rules governing cyber ‘attacks’, as that term is understood in the law. For over a decade, the debate has been a binary one between advocates of the ‘permissive approach’ developed by the author and a ‘restrictive approach’ championed by those who saw the permissive approach as insufficiently protective of the civilian population and other protected persons and objects. In this article, the author analyses that debate, and explains a third approach developed during the Tallinn Manual project. He concludes by suggesting that the Tallinn Manual approach best approximates the contemporary law given the increasing value which societies are attributing to cyber activities.

The Transport of Nonindigenous Microorganisms Into Caves by Human Visitation: A Case Study at Carlsbad Caverns National Park

Abstract: A series of atmospheric investigations was conducted in Carlsbad Cavern to determine if human visitation is a possible cause for the contamination of the cave system with non-indigenous microorganisms In 2004, site-specific culture-based data demonstrated that Staphylococcus spp colony-forming units (CFUs) were the most prevalent members of the atmospheric community along the paved visitor trail (avg 188% of CFU), while Knoellia spp CFUs dominated off-trail locations (401% of CFU) Fungal culture data revealed that Penicillium and Aspergillus were prevalent in the Lunch Room where food is stored, sold, and consumed Ubiquitous genera such as Cladosporium and Alternaria were prevalent near the Natural Entrance of the cave, and the general trend was a decrease in fungal CFUs with progression into the cave system, except for the area near the Lunch Room Management practices such as prohibition of crumb-generating types of foods could be considered to protect cave health In 2009, nonculture-based analyses demonstrated that Enterobacteriaceae were the dominant microbiota at sites along the descent trail and within the Lunch Room Dominance of Enterobacteriaceae has not been previously demonstrated in caves Either they are naturally occurring indigenous members, or their presence is a marker of anthropogenic contamination

South Korea's Rise: Economic Development, Power, and Foreign Relations

Abstract: South Korea's phenomenal rise has been studied extensively by political scientists and economists both in terms of its impact on democratisation and as a role model for economic development. Yet little attention has been devoted to exploring the nexus between economic development and foreign policy. In South Korea's Rise, Uk Heo and Terence Roehrig propose a new theoretical framework to illustrate how an increase in a country's economic prosperity can bring about change to its foreign policy, prompting greater involvement in the international system, the transition to democracy, an expanded set of interests and increased tools to pursue its foreign policy goals. As a rising middle power, analysis of South Korea's foreign policy is crucial to our understanding of the power structure and future relations in East Asia. This is essential reading for all students and scholars with an interest in Asia, foreign policy and global economics.

Charting the Legal Geography of Non-International Armed Conflict

Abstract: This article examines the geographical reach of international humanitarian law (law of armed conflict), particularly during armed conflicts between States and non-State organized armed groups. The issue is operationally critical, since to the extent that IHL applies, practices which are lawful during armed conflicts, such as status-based targeting, may be employed. When IHL does not apply, human rights obligations shouldered by the State govern the conduct of its military operations. The article surveys the various approaches to the the legal geography of non-international armed conflict, arguing that an interpretation by which IHL is not geographically restricted is the most supportable.

Examining Autonomous Weapon Systems from a Law of Armed Conflict Perspective

Abstract: This chapter explores the legal implications of autonomous weapon systems and the potential challenges such systems might present to the laws governing weaponry and the conduct of hostilities. Autonomous weapon systems are weapons that are capable of selecting and engaging a target without further human operator involvement. Although such systems have not yet been fully developed, technological advances, particularly in artificial intelligence, make the appearance of such systems a distinct possibility in the years to come. Given such a possibility, it is essential to look closely at both the relevant technology involved in these cutting-edge systems and the applicable law. This chapter commences with an examination of the emerging technology supporting these sophisticated systems, by detailing autonomous features that are currently being designed for weapons and anticipating how technological advances might be incorporated into future weapon systems. A second aim of the chapter is to describe the relevant law of armed conflict principles applicable to new weapon systems, with a particular focus on the unique legal challenges posed by autonomous weapons. The legal analysis will outline how autonomous weapon systems would need to be designed for them to be deemed lawful per se, and whether the use of autonomous weapons during hostilities might be prohibited in particular circumstances under the law of armed conflict. The third and final focus of this chapter is to address potential lacunae in the law dealing with autonomous weapon systems. In particular, the author will reveal how interpretations of and issues related to subjectivity in targeting decisions and overall accountability may need to be viewed differently in response to autonomy.

The Tallinn Manual and International Cyber Security Law

Abstract: The Tallinn Manual is a consensus academic work identifying the lex lata applicable to cyber warfare. It focuses on the jus ad bellum and on the jus in bello applicable to State conduct in and through cyberspace and, thus, constitutes a rather selective or sectorial approach to cyber security. Although cyber security is highly dependent upon a public-private cooperation and although it is predominantly challenged by cybercrime, the Tallinn Manual’s approach is justified by the fact that there is a genuinely military dimension of cyberspace. The Tallinn Manual is not an obstacle to a coherent approach to cyber security but rather an important first step in the development of international cyber security law as a distinct branch of international law.

Ethics of Educational Technology

Abstract: While ethics has been an under-researched area in educational technology, it is receiving current recognition as a critical focus for inquiry and development. In this chapter, we review the contribution of ethics as part of the history of professionalization of the field, the development of a code of ethics for the profession, and contemporary ethics issues like cultural competence, intellectual property, accessibility and universal design, critical theory in educational technology, system ethics, and social responsibility of professionals. In addition, this chapter presents major theoretical and philosophical models for ethics that pertain specifically to technology in educational systems along with implications of research from other fields exploring the integration of ethics into policy, standards, and higher education curricula. Existing research on ethics in educational technology programs suggests a very low level of integration in such domains at present; findings from a survey of the curricular landscape and implications for future research and development are discussed along with consideration of ethics as a foundational component not only to professional standards, practices, and leadership, but also to education policy, as we highlight the role of faculty and graduate programs, practicing professionals, and scholarly associations in shaping future directions and research in this emerging domain.

Cyber Countermeasures and Effects on Third Parties: The International Legal Regime

Abstract: The article examines countermeasures under the law of State responsibility that involve cyber operations. In particular, it explores the international law issues that arise when cyber countermeasures affect third States and other third parties. The article concludes that the critical distinction is between effects on third State and party rights and mere interests of third States and parties.

The nature of international law cyber norms

Abstract: The special expanded issue of the NATO Cooperative Cyber Defence Centre of Excellence's Tallinn Papers examines the nature, formation and evolution of international legal norms governing cyber activities The inquiry’s foundational premise is that the rules of international law governing cyber activities are identical to those applicable to other types of conduct Any differences in their explication and application are the product of the unique nature of cyber activities, not a variation in the legal strictures that shape their content and usage It conducts the examination by genre of legal norm: treaty, customary law and general principles

The Notion of ‘Objects’ During Cyber Operations: A Riposte in Defence of Interpretive and Applicative Precision

Abstract: International humanitarian law protects civilian objects from attack. It also requires that any collateral damage to them be considered in the proportionality analysis and when considering precautions in attack designed to minimize harm to civilians. This article addresses the question of whether data are objects in the IHL sense. Based on the work underlying the Tallinn Manual on the International Law Applicable to Cyber Warfare, it argues that although this may be the case in the future, as of 2014 IHL has not developed to this point.

Germany’s Answer to Standard Oil: The Continental Oil Company and Nazi Grand Strategy, 1940–1942

Abstract: German grand strategy during World War II included making Europe independent of oil imported from sources controlled by the United Kingdom, the United States, and the USSR. The first step was to wrest control of oilfields. Producing and distributing the oil, however, required the creation of a company capable of replacing the evicted British, American, and Soviet suppliers. Therefore, in 1941, the Third Reich established the Continental Oil Company. Analysis of the company’s foundation and operations sheds light on the objectives of the Third Reich, including the postwar economic development of Axis Europe and the extension of German hegemony beyond the USSR into the Middle East.

Inter-rater reliability for movement pattern analysis (MPA): measuring patterning of behaviors versus discrete behavior counts as indicators of decision-making style

Abstract: The unique yield of collecting observational data on human movement has received increasing attention in a number of domains, including the study of decision-making style. As such, interest has grown in the nuances of core methodological issues, including the best ways of assessing inter-rater reliability. In this paper we focus on one key topic – the distinction between establishing reliability for the patterning of behaviors as opposed to the computation of raw counts – and suggest that reliability for each be compared empirically rather than determined a priori. We illustrate by assessing inter-rater reliability for key outcome measures derived from movement pattern analysis (MPA), an observational methodology that records body movements as indicators of decision-making style with demonstrated predictive validity. While reliability ranged from moderate to good for raw counts of behaviors reflecting each of two Overall Factors generated within MPA (Assertion and Perspective), inter-rater reliability for patterning (proportional indicators of each factor) was significantly higher and excellent (ICC = 0.89). Furthermore, patterning, as compared to raw counts, provided better prediction of observable decision-making process assessed in the laboratory. These analyses support the utility of using an empirical approach to inform the consideration of measuring patterning versus discrete behavioral counts of behaviors when determining inter-rater reliability of observable behavior. They also speak to the substantial reliability that may be achieved via application of theoretically grounded observational systems such as MPA that reveal thinking and action motivations via visible movement patterns.

Rising Tide, Dispersing Waves: Opportunities and Challenges for Chinese Seapower Development

Abstract: This article surveys China’s current naval forces and considers key dynamics and possible Chinese naval futures to 2020, the projected end of Beijing’s ‘strategic window of opportunity’, the idea that a peaceful external environment for economic development, globalization, and integration of China into the global economy allows China to benefit from diversion of US attention to countering terrorism. It considers broad possibilities through 2030, the general limit of public US government projections, and by which time multiple factors will likely slow China’s growth and compete for leadership focus and resources.

Rise of a Cybered Westphalian Age: The Coming Decades

Abstract: No frontier lasts forever, and no global commons extends endlessly. Today we are witnessing the fence building process of the cyberspace. The days of limited cyber spying through software backdoors or betrayals by trusted insiders, vandalism, or even theft had evolved into the ability to deliver devastating blows from afar. Thus, states are establishing sovereign control in the virtual world in the name of security and economic sustainability. This paper analyses the emergence of what we call cybered territorial sovereignty as a consequence of states’ efforts to secure their borders against cyber attacks. The case of Stuxnet is introduced as an instance of new threat faced in the cyberspace. We argue Stuxnet marks the beginning of a new cyber Westphalian world of virtual borders and national cyber commands. We have seen this phenomena before as states consolidated their position following the treaties of Onasbrucke and Munster. Existing theories about the emergence of international rules and institutions can help us understand how the Westphalian model will adapt to the demands of securing cyberspace.

Military ethics and emerging technologies

Abstract: Foreword Henrik Syse 1. Introduction Timothy J. Demy, George R. Lucas and Bradley J. Strawser Part I 2. The Ethics of Killer Applications: Why Is It So Hard To Talk About Morality When It Comes To New Military Technology? P. W. Singer 3. With Fear and Trembling: An Ethical Framework for Non-Lethal Weapons Pauline Kaurin 4. Do Non-Lethal Capabilities License to 'Silence'? Sjef Orbons 5. Ethical Blowback from Emerging Technologies Patrick Lin 6. The Case for Ethical Autonomy in Unmanned Systems Ronald C. Arkin 7. The Case Against Robotic Warfare: A Response to Arkin Ryan Tonkens 8. Moral Predators: The Duty to Employ Uninhabited Aerial Vehicles Bradley Jay Strawser 9. Saying 'No!' to Lethal Autonomous Targeting Noel Sharkey 10. Additive Manufacturing and its Implications for Military Ethics John Mark Mattox Part II 11. The Ethics of Cyberwarfare Randall R. Dipert 12 'Cyberation' and Just War Doctrine: A Response to Randall Dipert James Cook 13. Warfare in a New Domain: The Ethics of Military Cyber-Operations Edward T. Barrett 14. The Moral Permissibility of Automated Responses during Cyberwarfare David Danks and Joseph H. Danks 15. Other-Than-Internet (OTI) Cyberwarfare: Challenges for Ethics, Law, and Policy Randall R. Dipert 16. Just War and Cyber War Christopher J. Eberle 17. Is Stuxnet Physical? Does It Matter? Ryan Jenkins 18. Twenty Years of Cyberwar John Arquilla 19. Epilogue: "Beyond Clausewitz" - Military Ethics for Post Modern War George R. Lucas Recommended Reading

The Myth of Petroleum Independence and Foreign Policy Isolation

Abstract: U.S. politicians often work the topic of oil import independence into their campaign rhetoric as an ideal that would help separate U.S. economic prosperity and military responsibility from the vola...

The essence of war: French armies and small war in the Low Countries (1672–1697)

Abstract: In the late seventeenth century during the Dutch War (1672–1678) and the Nine Years War (1688–1697), French armies relied on small war for the accomplishment of essential tasks and as part of an ov...

Narrowing the international law divide: the drone debate matures

Abstract: This article examines four reports on drone operations released in October 2013: 1) The Heyns UN Special Rapporteur report; 2) the Emmerson UN Special Rapporteur report; 3) the Human Rights Watch report; and 4) the Amnesty International report. It concludes that although the author does not necessarily agree with all conclusions reached in the four reports, they nevertheless represent a sea change in the nature of reports and commentary on drone operations. In particular, the four reports adopt the traditional approach to analyzing attacks under international law, including international humanitarian law and human rights law.

The international law of unconventional statecraft

Abstract: This article examines the law surrounding unconventional statecraft, a term used by the authors to more accurately describe what is commonly know as unconventional warfare. It focuses exclusively on public international law norms and examines such issues as intervention, the use of force, armed attack, and State responsibility. The analysis extends from humanitarian assistance to mont operations with insurgent forces.

Ripples of Change in Chinese Foreign Policy? Evidence from Recent Approaches to Nontraditional Waterborne Security

Abstract: Although debate persists over the precise extent to which the foreign policy of the People's Republic of China (PRC) has actually changed in recent years, it is clearly evolving.1 Outside of the "near seas," where China is largely perceived as increasingly assertive in its pursuit of core national interests, are Chinese foreign policy approaches becoming more flexible?2 Some related discussions focus on the PRC's voting behavior on UN resolutions involving humanitarian intervention as well as its contributions to international security.3 Its actions in waters abroad have also generated high levels of domestic and international interest, given their connection to Chinese politics, economics, military development, and diplomacy. Yet there is relatively little systematic analysis of whether Chinese foreign policy behavior is becoming more flexible with respect to nontraditional security challenges in the aquatic domain.4 This makes it difficult to address questions about how Beijing's behavior here is related to broader Chinese foreign policy trajectories. Specifically, are Chinese approaches to nontraditional waterborne security indicative of a larger shift in the country's foreign policy toward greater flexibility and idiosyncratic dynamism?This article offers two case studies on Chinese participation in nontraditional waterborne security since 2008: the Gulf of Aden and the Mekong River.5 These cases have presented critical tests for Beijing, not only operationally but also in terms of policy and symbolism. The Gulf of Aden and Mekong River differ fundamentally in their geographic characteristics and proximity to China, China's relative regional position, the degree to which Chinese foreign policy interests are threatened, the nature of China's involvement in operations, and the legal opportunities and constraints. These disparities are precisely why examining the cases together is helpful for understanding Chinese foreign policy trends. China's behavior vis-a-vis these two regions illustrates that Beijing is exploring flexible foreign policy tactics responsive to manifold factors in order to protect its interests. Addressing security challenges in these regions offers China opportunities to protect its economic interests abroad; allows Chinese military, paramilitary, and security forces to accrue experience and improve operationally; enables China to enhance its political image by performing successful missions and engaging in friendly diplomacy with other states before, during, and after operations; and lets China participate meaningfully-if thus far modestly-in the construction of a 21st-century architecture for nontraditional security governance that is commensurate with the country's relative power in a given region. Dynamic approaches to nontraditional waterborne security provide vital flexibility for a Chinese regime facing complex internal and external pressures while the PRC continues its ascent from a developing country to a global power. China will continue to expand the ability of its military and security infrastructure to perform nontraditional waterborne security missions outside China without necessarily altering the core framework of global maritime governance. This development should be welcomed by other states in the maritime commons. Further, while admittedly a small sample, China's security contributions in the Gulf of Aden and Mekong River demonstrate that the country's foreign policy approaches to nontraditional waterborne security are potentially compatible with, rather than inherently threatening to, existing security frameworks.China's international economic, political, and social connections are unprecedented. The PRC relied on foreign trade for just under half of its 2012 GDP.6 People flows are an outgrowth of economic interdependence: over 80 million Chinese citizens now travel abroad annually, a figure that is expected to rise to over 100 million by 2015.7 China's workforce abroad, estimated at over 5 million in 2012 but likely substantially higher, is also expanding rapidly. …

Drone law: a reply to UN Special Rapporteur Emmerson

Abstract: Mr. Ben Emmerson is the UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms While Combatting Terrorism. In his March 2013 report to the UN General Assembly on “targeted killings”, Emmerson asks States to respond to a series of legal questions related to drone operations by next session of the UN Human Rights Council in September 2014. In the piece, Professor Schmitt examines each of the questions and the international law issues they raise. The work is designed to assist States in providing responses to Emmerson’s call and to provide a general overview of the contentious issues surrounding such operations.

Inspirational, Aspirational and Operational Heroes: Recruitment, Terror and Heroic Conflict from the Perspective of Armed Groups

Abstract: For every Medal of Honor winner, every four-star general and every sergeant who has sacrificed themselves for the safety and survival of the people they fight with, there is the equivalent on the other side of the equation; heroes among the armed groups who inspire admiration and shape the narrative of what is expected from those who take up arms to fight.1 Just as conventional militaries do, armed groups carry with them historic heroes and villains: myths and stories of what it means to be an extraordinary person, both good and bad, within the context of a group’s cultural norms and within warfare. Indeed, sometimes those heroes are a key element around which group identity and cohesion is based.

The Communitarian Foreign Policy of Amitai Etzioni

Abstract: Amitai Etzioni’s communitarian perspective offers a comprehensive approach to international affairs in addition to offering guidance for domestic policy. His argument that a focus on traditional “realist” concerns for a nation’s security and interests (“security first”), combined with a dialogue over competing moral imperatives, is more likely to lead to the emergence of an idealist end state--a sustainable international community. His emphasis on gradualism--of breaking apart complex policy goals into small, discrete steps--comes from his assessment that this is a better way of promoting lasting change in the international system. His perspective does not fit neatly into any of the dominant U.S. foreign policy approaches, but his ideas have formed part of the foreign policy debate for the last fifty years.

State Violence in East Asia

Abstract: anything comparable to this search ever took place in North Korea, especially in the early years, when there was still more space for negotiation and experimentation than would later be the case. To be sure, finding such a third way often proved difficult and elusive for writers even in the South. But that they set such a challenge for themselves only enhances the significance of their efforts and the importance of Hughes’s contribution in bringing their fascinating work to light.

The Geostrategic, Techno-Nationalist Push Into Space

Abstract: The technological benefits of space hardware are universally recognized. One is hard pressed to find an area of the world where satellite dishes for television reception, satellite use for data transmission, or the Global Positioning System (GPS) for multiple purposes are not utilized. But utilization of commercial or of other countries’ space assets does not equate to being a space-faring nation. Space-faring nations have, to varying degrees, their own capabilities. The importance of status as a space-faring nation comes from two sources: not having to rely on others for access to the benefits of space assets, and prestige that can translate into geopolitical influence. Beyond users and space-faring nations, there are those countries actively asserting space leadership in some form, whether regional or global. What pushes countries to go beyond being a spacefaring nation and assert leadership potential, including potentially engaging in an implicit or explicit space race, is techno-nationalism, which for the purposes of this paper refers to nationalism that becomes the impetus for technology development as an indicator of geostrategic power. It is often triggered by a threat or perception of a threat, including a threat to perceived leadership. Techno-nationalism carries with it an inherent quest for leadership, by some definition.

South Korea's Rise: South Korea and the developing world: Africa, Latin America, the Middle East, and Southeast Asia

Abstract: South Korea’s economic development has had a strong impact on its relations with the major powers in the international community. Equally transformative has been the effect on Seoul’s relations with the developing world. South Korea was once a member of this group, but through its policies, hard work, and ability to adapt, it has been able to climb into the ranks of the developed OECD member states. As a rising middle power with few natural resources, South Korea has sought closer ties with the resource-rich countries of the developing world, along with increased market access for its manufactured goods and world-class high-tech products. South Korea has also done much to assist developing countries in working toward sustainable development by expanding its foreign aid programs while organizing and participating in various regional forums to help promote development. The developing world has looked to South Korea as an economic role model to help chart a course for further growth. Indeed, many in the region view South Korea as less predatory and a force to balance the big outside economic players – China, the United States, and Japan – that seek market access and influence. Having once been a poor country that struggled to develop, South Korea is now an important player and sought-after economic and security partner in the developing world.