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China and the Manmade Islands: Responses from the Obama Administration and the Trump Administration

By   /  January 1, 2018  /  Foreign Relations, International Law, International Security, National Security Law & Policy  /  Comments Off on China and the Manmade Islands: Responses from the Obama Administration and the Trump Administration

By Lauren Stimpert Since at least 2015, China has been constructing a series of artificial islands, including building on Mischief Reef in the Spratly Island chain. China’s artificial islands are intended for military purposes, outfitted with airways and military hangers. While Hague Tribunal’s ruling struck down China’s claim, invalidating their South China Sea claim, China […]

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The Justice Against Sponsors of Terrorism Act and Implications on Foreign Sovereign Immunity

By   /  December 19, 2017  /  Featured, Foreign Relations, Global War on Terror, International Law, National Security Law & Policy, Terrorist Trials  /  Comments Off on The Justice Against Sponsors of Terrorism Act and Implications on Foreign Sovereign Immunity

By Robb Davies Following the enactment of the Justice Against Sponsors of Terrorism Act (JASTA) in September 2016, U.S. law permits litigants to sue foreign states tied to acts of terrorism committed in the United States. Its passage amended the Foreign Sovereign Immunities Act (FSIA), which previously restricted such litigation to claims against foreign states […]

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Shooting Down North Korean Missiles: A Legal Last Resort

By   /  November 20, 2017  /  Featured, International Law, International Security, Trending Topics, Use of Force  /  Comments Off on Shooting Down North Korean Missiles: A Legal Last Resort

By Joseph R. Epstein The 2017 threat assessment from the Director of National Intelligence labeled Russia, China, Iran, and The Democratic People’s Republic of [North] Korea (DPRK) as major threats to national security, citing their ambition to develop and modernize weapons of mass destruction (WMD) and the associated delivery systems. Recent developments have elevated a […]

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Updates Pending: The Supreme Court Grants Certiorari in the Microsoft Ireland Case

By   /  November 13, 2017  /  Featured, Foreign Relations, Fourth Amendment, International Law, National Security Law & Policy, News & Events, Pending Cases, Trending Topics  /  Comments Off on Updates Pending: The Supreme Court Grants Certiorari in the Microsoft Ireland Case

By: Jen Goss, November 13, 2017  In October, the Supreme Court granted certiorari in the case of United States v. Microsoft Corp. A Supreme Court decision in this case will provide the government and service providers with an answer to “whether a United States provider of email services must comply with a probable-cause-based warrant issued […]

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North Korean Missiles and the Legal Implications for the United States

By   /  October 25, 2017  /  Foreign Relations, International Security, National Security Law & Policy  /  Comments Off on North Korean Missiles and the Legal Implications for the United States

By Maximilian Raileanu Article V of the Treaty of Mutual Cooperation and Security states that “Each Party recognizes that an armed attack against either Party in the territories under the administration of Japan would be dangerous to its own peace and safety and declares that it would act to meet the common danger . . […]

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