Area Of National Security Research Articles

Judge Bork's Remarkable Adherence to Unremarkable Principles of National Security Law

The late Judge Robert H. Bork is usually remembered as an eminent jurist and scholar in the fields of antitrust law and constitutional law. His judicial opinions and his writings, especially The Antitrust Paradox and The Tempting of America, are certainly standards in these areas. Judge Bork, however, also deserves acclaim for his contributions to other fields of law. One extremely important subject, in which Judge Bork’s judicial work has received little attention, is the law pertaining to national security and U.S. foreign relations. This essay discusses Judge Bork’s opinions in four important D.C. Circuit cases: Demjanjuk v. Meese, Persinger v. Islamic Republic of Iran, Finzer v. Barry, and Tel-Oren v. Libyan Arab Republic. In these cases, Judge Bork identified and followed nine very traditional principles of law concerning national security and foreign relations. These principles were so clear and well-established that at the time they seemed unremarkable. Indeed, while scrutinizing nearly every other aspect of Judge Bork’s records, proponents and opponents of his nomination to the Supreme Court said very little about his opinions in these cases. How Judge Bork addressed the law in the area of national security and U.S. foreign relations is a subject that deserves a fresh look in light of important Supreme Court litigation arising out of the War on Terror. In a series of cases, often decided by the narrowest of margins, Justices of the Supreme Court have effectively rejected each of the nine traditional principles that Judge Bork applied in his D.C. Circuit opinions. Contrasting the Supreme Court’s controversial decisions in these cases to Judge Bork’s very different and more restrained approach reveals another aspect of what was lost when the Senate failed to confirm Judge Bork’s nomination to the Supreme Court in 1987.

Terenowe organy administracji publicznej właściwe w sprawach zarządzania kryzysowego

Emergency management holds a special importance in the area of national security when tasks and competences are performed by central and local bodies. If facing a danger, local authorities can react faster although they do not possess central competencies. Still, while managing emergency situations, both local government and public administration are adequate institutions to act.

Design of a muon tomography system with a plastic scintillator and wavelength-shifting fiber arrays

Recently, monitoring nuclear materials to avoid nuclear terrorism has become an important area of national security. It can be difficult to detect gamma rays from nuclear material because they are easily shielded by shielding material. Muon tomography using multiple -Coulomb scattering derived from muons can be utilized to detect special nuclear materials (SNMs) such as uranium-235 and plutonium-239. We designed a muon tomography system composed of four detector modules. The incident and scattered muon tracks can be calculated by two top and two bottom detectors, respectively. 3D tomographic images are obtained by extracting the crossing points of muon tracks with a point-of-closest-approach algorithm. The purpose of this study was to optimize the muon tomography system using Monte Carlo simulation code. The effects of the geometric parameters of the muon tomography system on material Z-discrimination capability were simulated and evaluated.

High Performance Computing: Infrastructure, Application, and Operation

The last decades have witnessed an increasingly indispensible role of high performance computing (HPC) in science, business and financial sectors, as well as military and national security areas. To introduce key aspects of HPC to a broader community, an HPC session was organized for the first time ever for the United States and Korea Conference (UKC) during 2012. This paper summarizes four invited talks that each covers scientific HPC applications, large-scale parallel file systems, administration/maintenance of supercomputers, and green technology towards building power efficient supercomputers of the next generation.

Obama in Question

Obama in Question

The Rule of (Administrative) Law in International Law

I INTRODUCTION In common-law legal orders, public power is supposed to be exercised in accordance with the rule of law. Administrative law, the law that governs the exercise of power by public officials, is the body of rules and principles developed by judges to ensure that when public officials act, they act in accordance with the rule of law. Severe tensions can arise within the common-law understanding of administrative law when a legislature enacts a law that meets the legal order's formal criteria for validity, yet purports to exempt officials from the requirements of the rule of law. If those officials' decisions are challenged before a court, should the court declare them invalid simply on the basis that they fail to accord with the rule of law? Judges who adopt positivistic theories of law will generally answer no to this question, while judges of a more natural law bent will tend to answer yes. The former will determine a law's validity based only on the criteria explicitly set out in the positive law of their order, while the latter will think that there is more to the question than positive law--namely, the transcendent moral values of the rule of law. Although judges of a natural-law bent will likely appreciate the tensions better than positivistically inclined judges, a more sophisticated response to the problem is available than one that simply reduces it to a question of whether a law offensive to the rule of law is or is not a law. That response presupposes a natural-law understanding of the rule of law, one which holds that the value content of the rule of law transcends what any formal source of law declares the law to be. However, such a response does not require that a law is always invalid when it fails to comply with the values of the rule of law. Rather, all it requires is that the tensions created by such a law are understood as tensions internal to legal order, tensions which must be resolved in order for that legal order to sustain its claim to be such--an order constituted by law. Thus, judges are not necessarily always able or even often best suited to resolve such tensions. An exploration of this response begins with an account of how judges in common-law legal orders have found the norms of international law, in particular international human rights law, helpful in elaborating their understanding of their role in upholding the rule of law. Indeed, international human rights law has helped greatly to clarify the idea of the rule of law on which the judges rely, both in terms of the interactions among its components and the assumptions that hold it together. Judges have found international law particularly useful in ensuring that the rule of law is respected in an area in which traditionally positivistic judges have deemed the rule of law inapplicable--namely, in the exercise of public power, which is based, not on law, but on the prerogative of the executive to deal with immigration and national security as it sees fit. Natural-law judges have been amenable to the influence of international law because their understanding of law and the rule of law rejects positivistic assumptions that lead to the marginalization of international law, even to its very claim to be law. However, international legal bodies have proven capable of introducing the same sorts of tensions--tensions often created in the areas of national security and immigration. One might say that these natural law judges, working within the common law tradition, have paid international law the compliment of not only recognizing its claim to be law, but also of considering it to be constitutive of their understanding of the rule of law or legality, so that public officials must comply with international law if they are to abide by the rule of law. Thus, it is incumbent on the international bodies charged with making decisions affecting the interests of individuals subject to their legal regimes to repay the compliment. …

Social Modeling and Simulation for National Security

Ethical challenges emerge from the use of social modeling and simulation (M&S) for national security (NS) analysis. These challenges differ from those created in surveillance and data gathering technologies. In surveillance and data gathering, the primary concern is the physical or moral harm to citizens, and solutions are sought through legal regulation. In the case of modeling and simulation, the ethical issues may be less obvious. They relate to the use of knowledge in collaborative research activity and to the quality of analysis and decision-making within an organization. In order to respond to ethical challenges emerging due to the use of social M&S within the national security area, an M&S tool needs to be conceptualized not as an ethically neutral piece of technology, or as a product and/or service for which the vendor is legally responsible. Rather, the M&S tool is a locus of the intersection of different professional, organizational, and epistemological cultures.

이동형 CCTV 장치를 이용한 공동구 모니터링 방법

There has been the increasing concern with the safety of seven major urban infrastructure such as road, electricity, water supply, sewerage and so on due to urban expansion and new town development. However, high technology development for the common duct which can be an alternative for the safety issue has not been completed due to the law of the national security area. Existing management method of the common duct by people could not respond to the urgent accidents adequately and immediately since it is impossible for us to get access to that in case of fire or gas leak. This study suggests to the method of installing monitoring devices and processing CCTV images with a water supply in a TestLab(a variety of the USN(Ubiquitous Sensor Network) equipment was tested in the TestLab in KICT). The suggested management method of common duct facilities make it possible to do real-time monitoring and prompt access and response to an accident inside the common duct.

Evolution of the Perception of Threats to the Security of the Republic of Poland in Polish Strategic Documents

The present study discusses the evolution of threat perception in the area of national security by the analysis of successive strategic documents of the Republic of Poland. After a brief discussion of terms related to security, it goes on to present how the perception of threat changed over the years 1989–2007. It emphasizes that the source of this evolution was Poland's changing internal and external environment. As the article points out, the originally major threat of immediate armed invasion of Poland virtually no longer exists, due to Poland's membership in the North Atlantic Treaty Organization (NATO) and the European Union (EU). Instead, new threats have emerged with the transnational ones being the most serious.

Evaluation of the dose and of the risk of cancer induction associated with the use of transmission X-ray body scanners using the Monte Carlo MCNPX code

In recent years, X–ray body scanners have been introduced at airports, penitentiaries and other places with considerable movement of people in order to combat drug trafficking, the entry of illegal materials and terrorism. However, although the application of this equipment in the national security area is indeed relevant, its use has caused a great deal of controversy, especially with regard to the doses absorbed and to the cancer induction risk associated with these exposures. The aim of this study is to use the Monte Carlo MCNPX code and the male adult voxel (MAX) and female adult voxel (FAX) phantoms, to evaluate the absorbed dose, effective dose and risk of cancer incidence attributable to exposures of individuals submitted to transmission X–ray body scanners in several projections. The effective dose values were calculated as recommended by the ICRP Publication 103 and the risk of cancer incidence were estimated through the BEIR VII Report.

The 2008‐2009 Presidential Transition Through the Voices of Its Participants

When Barack Obama assumed the presidency on January 20, he had in place a White House decision‐making system of his choice, a policy agenda in order and a plan of his priorities, and a personnel process well under way. Several factors contributed to the orderly transition into the presidency. First, Congress, the president, and the executive branch over the years had made decisions that affected the transition, especially in the national security area. Second, members of the incoming administration worked with records of White House office structures, administration operations, and personnel processes and with former government officials experienced in past transitions. Third, unprecedented early transition planning and actions by the George W. Bush administration led to a new level of cooperation between the outgoing and incoming administrations. Finally, the early attention of Senator and then President‐Elect Barack Obama to the need for transition planning and his assignment of experienced and knowledgeable people to handle studies of White House staff structure, agency operations, policy development, and staff selection eased the move from campaigning to governing.

The Reichstag Fire Trial, 1933-2008: The Production of Law and History

In the opening decade of the twentieth century the German national state united the great majority of the German speaking population of Europe, excluding only those in Switzerland and the Austro-Hungarian Empire, and was among the leading states of the world. It boasted technologically advanced industry, among the highest per capita GDP, and the second largest army and third largest navy in the world. Germany was at peace, save for minor military operations against disobedient natives in Southwest Africa. It was a state that was among world leaders in providing basic social insurance, yet held sacred private property and the rule of law, except only in strictly prescribed areas of national security. In the opening decade of the twenty-first century the German national state unites the great majority of the German speaking population of Europe, excepting only those in Switzerland and Austria, its industry is technologically advanced and its per capita GDP high. Its military budget is the sixth largest in the world, and it is at peace, save for minor military operations against disobedient natives in Afghanistan. Despite cutbacks, few states in the world have better provision of basic social insurance, and Germany today prides itself on holding private property to be sacred and on its adherence to the rule of law, except for a few strictly prescribed areas of national security. In the fourth and fifth decades of the twentieth century the German national state committed crimes universally agreed to be the most horrendous in human history. This article can also be found at the Monthly Review website , where most recent articles are published in full. Click here to purchase a PDF version of this article at the Monthly Review website.

Review: Reluctant Crusaders

RELUCTANT CRUSADERS Power, Culture, and Change in American Grand Strategy Colin Dueck Princeton and Oxford: Princeton University Press, 2006, 224pp, $29.97 (ISBN-10 0691124639)The United States responded to the 9/11 terrorist attacks by embarking on an expansive war against terrorism. This has resulted in, among other things, the promulgation of the doctrine to project American power, the renewed willingness to project American primacy to democratize the Middle East, the military invasion and reconstruction of Afghanistan and Iraq, and the infusion of significant financial and material resources into all areas of national security, including the often-neglected domain of homeland security.It is difficult to deny the scope and sheer ambition of this approach to strategic affairs. Potential near-peer rivals are to be dissuaded from even contemplating military competition. An aggressive counterterrorist and counterproliferation campaign will meanwhile contain, mitigate, or eliminate the threat posed by global terrorist organizations, rogue state adversaries, and the proliferation of weapons of mass destruction. Commentators have either applauded or decried these unapologetically unilateral policies. But few have thought to question the revolutionary basis of the Bush administration's grand strategy. And fewer still have written accounts that provide an adequate explanation for this particular case of strategic adjustment or to situate it within the larger debate on American grand strategy.In Reluctant Crusader, Colin Dueck has done an admirable job of filling in some of the more noticeable theoretical and empirical gaps in the grand literature. The first quarter of the book provides a basis for understanding grand strategy. The following chapters use a process-tracing method to test this explanatory model against four cases of American strategic adjustment-the periods following World War I, World War II, the Cold War, and the 9/11 attacks. A central theme of the book is that the resultant grand is neither foreordained by strategic culture nor entirely dependent on structural conditions.The first chapter settles on a definition of grand as a calculated relationship of ends and that involves the identification and prioritization of national interests, potential threats, and resources and/or means to meet these threats (10). This definition constitutes a valuable if uncontroversial understanding of grand as a conceptual road map and a set of policy prescriptions (11). Strategic adjustments or instances of fundamental first-order shifts in grand can be empirically measured and verified by changes in strategic capabilities and commitments. Dueck is clearly unsatisfied with the debate between culture- and powerbased explanations for strategic adjustment, and offers a more flexible explanatory model that is open to domestic and ideational factors and is firmly rooted in the more holistic ontology of neoclassical realist theory.Dueck identifies two persistent features of US strategic thinking. Liberalism is associated with the crusading desire to spread democratic ideas and governments. The Iraq War, with its explicit goal of militaryimposed democratization, is only the most recent-and perhaps aggressive-example of this liberal crusade. Limited liability, by contrast, refers to the culturally shaped preference for avoiding costs and commitments in grand strategy (26). The ambition of liberalism is therefore balanced by an equal emphasis on limited means, which the abject American failure to allocate sufficient resources for the postconflict reconstruction of Iraq clearly demonstrated.The following chapters test the neoclassical realist explanatory model against four instances of US strategic adjustment. Structural conditions provide an important starting point for any explanation of grand strategy. Material capabilities clearly delimit and ultimately constrain the state's strategic choices. …

Counterterrorism Cooperation and the Silver Bullet: A Game Theory Illustration

This article uses game theory analysis to address bilateral counterterrorism cooperation and the sharing of intelligence, national security areas where there is a tendency to oversimplify the issues at stake. Contrary to widespread belief, the sharing of terrorism-related intelligence between allied nations is not simply a matter of having the political will that leads to make a decision to cooperate. Instead, a refusal to share sensitive intelligence often reflects a rational decision, one based on accurate assessments and the legitimate need to protect national sovereignty. This article illustrates this dilemma, using the tools of game theory to show how the rational equilibrium will be joint non-cooperation. From there, it offers some institutional changes designed to alter the players' calculus and lead to a cooperative equilibrium. These changes are realistic, and similar to the negotiations that occurred between the United States and Canada in an important terrorist financing case that was successfully prosecuted in Charlotte, North Carolina. The article concludes with a discussion of how these lessons can be institutionalized to maximize bilateral cooperation and intelligence sharing between countries.

How does homeland security affect U.S. firms' international competitiveness?

This paper frames the issue of homeland security and its relationship to the international competitiveness of U.S. firms in general. This is largely a conceptual statement, identifying the areas of national security (homeland security) that are key to business, and exploring the management concerns of business to the new threats and opportunities that have arisen. We establish the point that homeland security is a purposeful, conscious, and rational response to terrorist events that is an emergent and evolving systems phenomenon. This systems approach is an especially useful way to look at the implications of homeland security in its relation to business. We then look specifically at the kinds of costs and risks that are generated for U.S. international business (exports, imports, incoming and outgoing investments) as a result of this phenomenon. Management strategies for dealing with these costs and risks are explored for U.S. firms. Our conclusion is to demonstrate the scope of analysis that is needed to understand and to managerially cope with the homeland security problem. We show the value of using theory from various disciplines for analyzing a multi-dimensional problem like this. And finally we are able to recommend some policy dimensions for both companies and the U.S. Government toward mitigating the negative impacts of the homeland security problem.

한국형 지역 위성 통신항법시스템의 위성 궤도설계에 관한 연구

군사용 목적으로 만들어진 GPS가 1990년대에 민간에 개방됨에 따라 차량 항법, 항공기, 통신, 과학, 농업, 탐사 등에 이르는 산업에 폭넓게 이용되고 있다. 하지만, GPS는 미국이 독점적으로 운영하고 있기 때문에 세계 각국은 안보문제에 우려를 나타내고 있는 실정이다. 또한 우리나라와 같이 산악 지형 및 도심이 발달한 지역은 GPS 단독 사용 시에 여러 가지 제약점을 가진다. 이러한 점들을 해결하기 위해 주위의 여러 나라들은 새로운 항법 체계를 구상 중에 있다. 이러한 국제적 추세에 대비하여 우리나라도 지역 항법 시스템 구축에 대해서 검토가 필요하다고 판단된다.본 논문에서는 우리나라 지역 특성을 고려하여 고앙각의 통신서비스를 제공하며, 독자적 항법 능력을 가진 지역 위성 항법시스템의 위성 궤도를 여러 가지 고려사항을 구속조건으로 하여 설계하였다. 최종 설계된 위성항법시스템의 독자 항법 성능뿐만 아니라 부가적으로 GPS를 보강하는 성능도 우수함을 확인하였다. In 1990, GPS which had been developed for the military purposes became available to the civilian community. Since then these satellite navigation systems have been used extensively in the industrial areas such as car navigation, airplanes, communications, science and surveying. If we are dependent on GPS, however, there are some foreseeable problems in the areas of national security and sovereignty. Current GPS satellite constellation provides limited performance for the country like Korea and Japan where mountain area and urban canyon do not allow the wide skyline. To solve these problems, many countries plan to make other alternative navigation systems.In this paper, RNSS(Regional Navigation Satellite System) is designed to provide communication service with high elevation angle. It is shown, that system does not only have good navigation performance, but also improve GPS performance in Korea and its neighboring areas.

Defense Contingency Budgeting in the Post-Cold-War World

One of the major government reform initiatives in the industrialized democracies in the 1990s has been the new public management. In the United States, the initiative gained considerable attention when a report issued by a commission chaired by Vice President Al Gore endorsed the development of performance-based measures in government. As prescribed by the National Performance Review (NPR, 1993), agencies should be freed from the red tape of detailed specifications and by Congress. Instead, agencies should be given goals and performance objectives (Thompson, 1991; Meyer and Khademian, 1996). Among the prescriptions of the National Performance Review are recommendations to implement mechanisms that would provide greater flexibility in budgeting processes, particularly in the area of national security. Ex post contingency budget execution in defense already provides considerable flexibility for defense spenders--as we illustrate by a case study of the financing of United States involvement in Bosnia. Yet, the spending discretion that has sustained U.S peace-keeping in Bosnia is quite different from, and in some respects antithetical to, the flexibility championed by advocates of the new public management. The message that this article conveys, based on our analysis of the Bosnia experience, is that neither the current system for funding defense contingencies nor the proposals of the new public management achieve the goals of providing accountable and effective mechanisms for funding these operations. Thus we offer modest proposals for reform that may make changes akin to those of the new public management compatible with traditional forms of budget execution. If implemented, the new mechanisms could permit the executive and legislative branches to focus on the policy questions inherent in post-cold-war military contingencies. At present the minutiae of the budget process serves as a lightning rod to prompt debate and diverts attention from a priori policy questions. The proposals outlined would reverse this situation. The New Public Management and Budgeting in Defense One of most provocative applications of the new public management to defense is by Thompson and Jones (1994). Instead of micromanagement of the defense budget through line items in appropriations, restrictive appropriations, and endless reporting, advocates of the new public management urge Congress to return to its classic role as the deliberator of important policy issues related to spending, programs, and strategy. Mission budgeting is central to the reforms suggested by Thompson and Jones. As part of the broader decentralization of the Pentagon, where performance measures replace detailed prescriptions and rigid compartmentalization of budgets and spending, mission budgeting would, they concede, require significant changes in the law and practice of national security appropriations. Under mission budgeting, when the Department of Defense appropriations are enacted by Congress, obligation authority would be given to mission centers, or joint operational commands, rather than to the military services. The accounts funded would thus be mission accounts rather than department accounts. To make this change more than merely cosmetic, however, Thompson and Jones advocate implementing the recommendations of the National Performance Review to increase the Pentagon's discretion to transfer funds between accounts and across fiscal years. Thus, congressional budgeting for defense should be, in their words, permissive, continuous, and selective [and] focus on all of the cash that ensue from Congress's programmatic choices ... new obligational authority should be expressed in terms of the discounted present values of those cash flows (Thopmson and Jones, 1994, 233). They would de-emphasize the annual budget resolution, do away with the president's budget, and focus attention on the decision to go ahead with a program or activity. …

A Critique of Samuel Hendel's "Separation of Powers Revisited in Light of 'Watergate'"

SAMUEL HENDEL has written an able statement on the traditional meaning of separation of powers and of the effects of Watergate on this doctrine. He also has presented some interesting proposals for governmental reform. At the same time he recognizes the necessity for strong leadership by the President. The result is a balanced appraisal and a thoughtful one. Hendel correctly assumes that the abuses of presidential power which have occurred in the Nixon Administration need correction. But he has avoided the trap of proposing so strict an implementation of separation of powers as to create an unworkable system that would result in deadlock. Instead he desires an open dialogue between Congress and the President with the public also a part of this discussion. He wants an end to secrecy, except in genuine national security areas; an end to dirty tricks; and a genuine partnership in policy making between the Executive and the Congress. This is sound reasoning and follows in the tradition of the best practice in the United States under strong presidents such as Jefferson, Jackson, the two Roosevelts, Wilson, and Truman. He thus follows in the tradition of Woodrow Wilson's work on Congressional Government with the well-known doctrine that the growth of political parties can be the vehicle for this necessary coordinate relationship in policy making between the President and the Congress.' At the same time Hendel correctly points out the self-defeating nature of the imperial (to use Arthur M. Schlesinger's phrase) 2 concept of the Johnson and Nixon administrations. George Reedy, who was an aide to President Lyndon Johnson, in his book, The Twilight of the Presidency,3 also discusses the isolation of the President and the secrecy surrounding his decisions. Further he discusses the problem of a palace guard keeping from the President the presentation of opposing points of view. Much of this foreshadows the intensification of these problems in the Nixon Administration. Consequently, Hendel, Schlesinger, and Reedy all raise the question of how we can have a more open presidency with greater access not only from Congress but from divergent public opinion. In other words, the institutionalization of access becomes important for congressional committees, congressional leaders, and many types of representatives from the general public. It well can be that this would not weaken but would actually strengthen the presidency by decreasing much of the alienation from politics which many citizens feel. Greater openness could produce an increasing understanding of the nature of public problems and of why particular choices are made. As part of this idea,

Energy policy interactions in the United States

The formulation of a US energy policy which is consistent with other national policies in the economic, environmental, R&D, and national security areas is a difficult, but necessary, process. Heavily-funded development of the plutonium breeder reactor exemplifies the type of policy inconsistencies pervading the present embryonic energy policy. In this article Dr Smernoff presents a reasonably consistent long-run energy policy in which nuclear fission plays a minor role, clean-burning fossil fuels are decreasing in importance, and geothermal/solar energy sources are becoming dominant in an increasingly post-industrial society.

The International Outlook for Oil

A BOUT TWO YEARS AGO in Boston, the last time I had the pleasure of talking to your group, I chose the subject, Outlook for the International Oil Business, and if you were there you might recall that we came, or I came, to two general condusions. First that the outlook, from a purely economic standpoint, appeared to be a pretty good one. Second that in the light of these economic prospects, the international oils were in a position to make a really valuable contribution in the broad area of national security and international relations. Since that time we have experienced two of the most eventful years in the history of the oil industry. Years which have certainly had an important influence on the future of foreign oil. So it seems appropriate now to bring the record up to date and try to see how the prospects for international oil shape up today. A quick review of the major problems which have befallen the international oil business in the last two years at once brings to mind the foremost crisis, the closing of the Suez Canal with all of its world wide repercussions. More recently there has been the heated controversy over oil imports into the United States. And right now the international oils in common with all of industry are enduring the effects of our domestic recession. Under the circumstances it might be the better part of valor to temper the forecast of two years ago. But even though these unfavorable developments have taken place in the past months, I am still quietly confident about the outlook for international oil. The economic future of this business, as I see it, 'continues to be essentially a sound one. The international oils are today continuing to make an inestimable contribution to our national security and we have ample reason to be confident of their ability to go on doing so in the future. In the balance of this talk, I will try to support that conclusion.