National Security Law

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I. Introduction and Context

A. Principal Theories of International Relations

- Realism

- Idealism

- Institutionalism or "Regime Theory"

- Constructivism

B. The Causes of War: The State of Human Knowledge

C. The “Democratic Peace,” “Incentive Theory,” and Newer Approaches

II. The International Law of Conflict Management

A. Historical Development of the International Law of Conflict Management

B. Institutional Modes of Conflict Management

- The United Nations System: Goals, Structure, and Legal Framework

- The Role of the Security Council

- Peacekeeping and Peace-Enforcement

- Strengthening the United Nations System: Incremental and Utopian Models

C. Lawfulness of the Use of Force in International Relations

1. The Prohibition of War as an Instrument of National Policy: The Complementary Norms of Aggression and Defense

2. Regional Arrangements and Relevant Provisions of the Rio Treaty and the Revised Charter of the Organization of American States (OAS)

3. Low-Intensity-Conflict, Intervention, Anticipatory Defense, and Other Continuing Problems

4. Illustrative Case Study: The Indo-China War

5. Illustrative Case Study: The Secret War in Central America

On Your Own - Review the assigned readings for this section:

6. Illustrative Case Study: The Grenada Mission

7. The Gulf War: An Illustrative Case Study of Security Council Action

8. Case Studies in United Nations Peacekeeping and Peace-Enforcing: Yugoslavia ( Bosnia-Herzegovina , Croatia , Serbia , Kosovo), Somalia , Haiti , Rwanda , and Sierra Leone

9. The September 11 attack, the response in Afghanistan , and the War on Terrorism

10. Enforcing Iraqi Compliance with Resolution 687; the War in Iraq

D. Human Rights for Contexts of Violence: Norms Concerning the Conduct of Hostilities

1. Theoretical and Historical Overview

- General Principles

- The Law of the Hague , the Law of Geneva , and the 1977 Protocols

- Applicable Conventions

2. Conduct of Hostilities and Protection of Non-Combatants: Targeting, Weapons Systems, Belligerent Occupation, and the Law of Neutrality

3. Procedures for Implementation and Enforcement (including Reprisals and Protecting Powers)

E. War Crimes and the Nuremberg Principles

F. Illustrative Case Studies: War Crimes in the Gulf War and in the Yugoslav ( Bosnia-Herzegovina , Croatia , Serbia ) Conflict

G. The International Criminal Court

III. American National Security Strategy

IV. Strategic Stability and Arms Control

A. Theoretical and Historical Overview

B. Nuclear Weapons and Their Effects

C. Strategic Arms Limitation Talks (SALT I & II) and Strategic Arms Reduction Talks (START I, II, & III) and

Resulting Treaties and Agreements

D. Mutual Balanced Force Reduction/Conventional Armed Forces in Europe Talks (MBFR/CFE), Theater Nuclear Force/Intermediate-Range Nuclear Force Talks (TNF/INF) and Other Arms Control Treaties and Initiatives

E. Contemporary Issues: Nonproliferation and Counterproliferation of Nuclear, Chemical, and Biological Weapons and Ballistic Missiles

- Non-Proliferation Treaty (NPT), July 1, 1968 and recent review conference

- Chemical Weapons Convention (CWC), January 13, 1993

- Biological Weapons Convention, April 1972

- Missile Technology Control Regime (MTCR)

- Comprehensive Test Ban Treaty (CTBT)

- Proliferation Security Initiative (PSI)

-1993-2004 North Korean Violation of NPT as a Case Study

F. United States-Russian Strategic Cooperation

G. National Missile Defense

On Your Own - Review the suggested readings for this section:

V. Security Aspects of Oceans Law

VI. National Institutional Framework

A. The Constitutional Framework for the Division of National Security Powers Between Congress and the President

1. Historical Background and General Principles

2. The Authority of Congress and the President to Conclude, Interpret, and Terminate Agreements Relating to National Security

3. The “Dual vs. Unitary” Theory Debate Arising from the “Broad-Narrow” Issue in Interpreting the Anti-Ballistic Missile (ABM) Treaty

4. The Authority of Congress and the President to Use the Armed Forces

5. The War Powers Resolution

On Your Own - Review the assigned readings for this section:

B. The National Security Process

C. Access to National Security Information

VII. Individual Rights and Accountability

A. Freedom of Expression, Protection of Privacy, and National Security

1. The First Amendment of the United States Constitution and National Security

2. The Fourth and Fifth Amendments of the United States Constitution and National Security

On Your Own - Review the suggested readings for this section:

B. National Security Violations

VIII. Other National Legal Issues

A. Homeland Security

B. Arms Sales and Economic Assistance

C. The Environment and National Security

Professor Moore's office is located in SL 348. He can be reached by telephone at (434) 924-7441 or by fax at (434) 924-7362.