New Issue of Harvard National Security Journal

By Jack Goldsmith
Tuesday, February 2, 2016, 8:25 PM

The Harvard National Security Journal's fall issue, published earlier this week, may be of interest to Lawfare readers.

Ashley Deeks of UVa Law School (and Lawfare) argues that intelligence agencies restrain how foreign peer agencies conduct their work and view their legal obligations. These constraints, she maintains, are likely to grow in the future and might complement traditional public oversight and increase rights protections.

Lieutenant Commander Stanley Fields of the Coast Guard JAG corps addresses the United States' traditional reluctance to take an expansive reading of Article 234 of UNCLOS, and advocates for the implementation of a regulatory framework similar to that of Russia or Canada, which would enhance environmental protection, safety of life at sea, and security in the US Arctic.

Roncevert Almond examines the legal basis for China's Air Defense Identification Zone (ADIZ) over the East China Sea, noting where it is inconsistent with customary international law.

Gil Avriel, Legal Advisor to the Israeli National Security Council in the Prime Minister's Office, writes of the need to re-assess the language used to describe the nature and tactics of terrorist groups in order to better understand and predict the evolution of such groups.

Dakota Rudesill, of the Moritz College of Law at Ohio State, conducts a thorough study of Congress's governance of national security programs via classified addenda to legislative reports, including empirical analysis that shows references in Public Law to these classified documents spiking in recent years. His article is forthcoming, but available now in near-final form.