Navy Nexus

Shortly after the article that follows was drafted, I was notified that I had been nominated for promotion to vice admiral and assignment as Superintendent of the U.S. Naval Academy. This unexpected set of orders will cause me to depart the Naval War College after only one year as its President. Still, and although much remains to be done to keep the college at the top of its game, the organizational and administrative changes its faculty and staff have accomplished over the past twelve months have refined its educational and research programs in significant ways. The article (which collects and elaborates on material that, in some cases, has already appeared in print, including the “President’s Forums” of the Spring and Summer 2014 issues of the Review) serves as evidence of what dedicated professionals can do when motivated by an unrelenting commitment to excellence. If it’s important to the Navy, it is on the agenda at the Naval War College! This is a bold statement, but it is one that can be rather quickly substantiated by even a casual review of what is happening on the busiest educational and research complex in the Navy—the Newport, Rhode Island, campus of the U.S. Naval War College (NWC). Since 1884, the Naval War College has existed as a place to study conflict and to produce leaders who are critical thinkers. As it celebrates its 130th anniversary, the college continues to refine its educational and research programs to meet the demands of the Navy and the national security community. While some of our more traditional offerings, such as our highly regarded Joint Professional Military Education (JPME) programs, are fairly well-known, other programs and initiatives are regaining their intended direct linkage to and support to the fleet. The primary purpose of this article is to highlight the ways in which the Naval War College is helping to prepare and shape the Navy of Tomorrow and how it is significantly supporting the Navy of Today without forgetting the lessons of history

Applying the Full Protection and Security Standard of International Investment Law to Digital Assets

This article considers the possibility that digital assets of foreign investors such as websites and computer systems could be protected by the full protection and security (‘FPS’) standard common to many bilateral investment treaties. Such assets can properly be described as investments and the flexible nature of the FPS standard observed in recent arbitration practice could be extended to cover civil disturbances such as 'cyber attacks' against companies. The article considers host state liability with respect to the prevention of harm to digital assets as well as failure to enforce laws that prohibit it. The lack of governmental control over websites suggests that it would be difficult to ascribe state liability under an FPS clause, except possibly in situations of large scale internet infrastructure collapse. A duty to prosecute attacks against digital assets, while common to many jurisdictions and seen in international instruments, is inappropriate as an investment treaty claim because of difficulties in compensation. The FPS standard further appears to incorporate a degree of contextual proportionality linked to the host state’s resources and this may prevent successful claims against Developing States where many cyber attacks occur

Geoengineering: A war on climate change?

Geoengineering; specifically Solar Radiation Management ; has been proposed to effect rapid influence over the Earth’s climate system in order to counteract Anthropogenic Global Warming. This poses near-term to long-term governance challenges; some of which are within the planning horizon of current political administrations. Previous discussions of governance of SRM have focused primarily on two scenarios: an isolated “Greenfinger” individual; or state; acting independently ; versus more consensual; internationalist approaches. I argue that these models represent a very limited sub-set of plausible deployment scenarios. To generate a range of alternative models; I offer a short; relatively unstructured discussion of a range of different types of warfare – each with an analogous SRM deployment regime

Facing west, facing north: Canada and Australia in East Asia

This report, published by the Centre for International Governance Innovation (CIGI) and the Australian Strategic Policy Institute (ASPI), calls for Canada and Australia to deepen their regional security cooperation in East Asia. The risk of regional instability is growing, due to China’s re-emergence, continued speculation about US strategic engagement in Asia and increased competition over disputed maritime boundaries. These developments provide opportunities for collaboration between countries like Canada and Australia. Non-traditional security threats, including natural disasters, climate change, food security and cyber security, point to a range of areas where the two countries can work more closely together. The report contains several policy recommendations for Canada and Australia to: strengthen regional security bolster regional governance mechanisms enhance bilateral defence cooperation boost defence industry and economic cooperation

Safe at School: Addressing the School Environment and LGBT Safety through Policy and Legislation

"The mistreatment of lesbian, gay, bisexual and transgender students is worse today than many might realize, with unacceptable complicity by school personnel that continues to exacerbate the problem," according to Stuart Biegel, co-author of a groundbreaking new report released today. The report, Safe at School: Addressing the School Environment and LGBT Safety through Policy and Legislation, presents a series of recommendations and model legislation to make public schools safer for LGBT students. The new report is authored by Biegel and Sheila James Kuehl and is a collaboration between the National Education Policy Center at the University of Colorado at Boulder School of Education and the Williams Institute at UCLA Law School, with financial support provided by the Great Lakes Center for Education Research and Practice.Safe at School documents the persistence of hostile and unsafe school environments that can result in lower educational outcomes and higher rates of depression and suicide for LGBT students. Citing an extensive body of research, it also takes note of the growing legal exposure that schools face when they do not act to change these hostile environments. The authors note and respond to the lack of resources and institutional support that school administrators, teachers, and educational support professionals sometimes face in their attempts to make schools more welcoming to LGBT students.The report contains a series of policy recommendations to ensure schools are welcoming and safe for LGBT students. These recommendations cover areas such as school climate, curriculum, and the particular role of school sports in defining a school's culture.Safe at School also contains model legislation, offering a range of options for state legislatures to adopt, including general prohibitions against bullying, harassment and intimidation in schools, as well as sections that address teacher education and professional development. "The addition of a Model State Code to the analysis and recommendations in the report will encourage state legislatures to adopt a comprehensive and tested set of statutes to help remedy the problems of discrimination in our schools," said co-author Sheila Kuehl, a former State Senator from California.The authors explain that the overarching purpose of all their recommendations is to make schools safe and improve the quality of life for everyone within our education system. "In this area, educators are not required to change their personal values or religious beliefs," said co-author Biegel. "However, all students must be treated with equal dignity and equal respect by school officials, both under the law and as a matter of morality and common decency.

The national security argument for protection of domestic industries

Tracing the origin of the national security argument for protection of domestic industries to Adam Smith, Alexander Hamilton, and Friedrich List, we study its post-GATT applications with reference to Article XXI of the WTO. We compare the use of tariff, production/input subsidy, and government procurement as alternative instruments of protection from the perspective of economic efficiency and study the disapproval of inward FDI to gain insights into the underlying national security concerns. The case studies of a) the US tariffs on aluminum and steel, b) German disapproval of the acquisition of a technology firm Leifeld Metal Spinning by a Chinese firm, and c) US’ all out global effort to cripple China’s telecom equipment giant Huawei are presented for illustration