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1281. Women in Special Forces: The Debate on Combat Exclusion

Author:
Lani Hay
Publication Date:
06-2012
Content Type:
Working Paper
Institution:
The Diplomatic Courier
Abstract:
The Combat Exclusion Policy is a U.S. congressional policy based on a 1988 Department of Defense restriction on women’s military service that created the “Risk Rule” for assignment of women in the military, preventing women from being assigned to units that had the risk of exposure to direct combat, hostile fire, or capture. The policy has been revised over the past 24 years but still precludes women from being assigned to direct ground combat units such as serving at the battalion level, as infantry, and in the Special Forces. Women’s roles supporting military missions have significantly evolved during the past ten years of warfare in Iraq and Afghanistan. The realities of modern day warfare and currently fighting in an asymmetric environment have women fighting on the front lines in specialty positions such as medics, mechanics, and military police. Additionally, to avoid the Combat Exclusion Policy as written, women are being “attached to” and not “assigned to” battalions as intelligence officers and communications officers and yet are not getting any credit for being in combat arms. Not allowing women the opportunity to receive acknowledgement for their combat experience and contributions to front-line battalions ultimately denies them from choice assignments and hinders their career advancement opportunities. The recent partial lift of the Combat Exclusion Policy, currently under consideration, will now allow women to be “assigned to” jobs at the battalion level. However, it continues to prevent women from serving as infantry or in the Special Forces. This partial lift is the first time the Department of Defense has recognized the contributions that our female service members have been and will continue to contribute to our front line combat units, and indicates that future changes to this 24-year old Department of Defense restriction are being considered. This shows signs of progress, but until the Combat Exclusion Policy is completely lifted the military will not be able to establish a level playing field for qualified women to enter all military positions and specialties, which will greatly impact the realities and necessities of modern day warfare.
Topic:
Gender Issues, Military Affairs, Feminism, Military Service, and Civil-Military Relations
Political Geography:
North America and United States of America

1282. Missile Defense System Negotiations: Washington-Warsaw-Moscow Triangle

Author:
Richard Rousseau
Publication Date:
06-2012
Content Type:
Working Paper
Institution:
The Diplomatic Courier
Abstract:
When in March 1983 Ronald Reagan announced the initial plans to build a missile defense system purported to be able to “intercept and destroy strategic ballistic missiles before they reached our [U.S.] own soil or that of our allies,” he in reality proclaimed the end of the deterrence and so called “balance of terror” doctrines which had formed the basis of the relations between the United States and the Soviet Union during what is known as the Cold War. The Strategic Defense Initiative (SDI), more commonly known at the time as "Star Wars," reformulated the power equation that had underpinned the “détente" period (1971-80). This project was abandoned with the collapse of communism in Eastern Europe and the Soviet Union in1991, which marked the end of the Cold War. However, more than ten years later, President George W. Bush reactivated it, signing bilateral agreements with the Czech Republic and Poland for the deployment of a radar system and advanced land based missile interceptors. With the election of President Barack Obama, the missile defense system was transformed from a bilateral project to a multilateral one, directly involving European allies and the very structure of the NATO alliance. The Kremlin strongly opposed the Euro-American missile deployment project, first in the 1980s and again into the 21th Century. Today as in the past, Russia’s complaints and rhetoric remain basically unchanged. It claims that the shield would compromise the effectiveness of the Russian long-range nuclear arsenal, thus drastically alter the balance of power with the West. A turning point seemed to have taken place at the NATO summit in Lisbon in November 2010. Following a lively debate among diplomats, the European allies unanimously signed an agreement for the deployment of a missile defense system, which would provide “full coverage” of the Alliance area by 2020. More importantly, the final declaration of the summit heralded the birth of “cooperation with Russia in a spirit of reciprocity, maximum transparency and mutual confidence.” However, such good intentions and noble sentiments are regarded as mere words by some, as there is no serious likelihood that both sides will cooperate on a joint defense project of this nature.
Topic:
NATO, Diplomacy, International Cooperation, Military Strategy, and Missile Defense
Political Geography:
Russia, Europe, Poland, North America, and United States of America

1283. The Foreign Policy Case For Senate Reform

Author:
Paul Nadeau
Publication Date:
06-2012
Content Type:
Working Paper
Institution:
The Diplomatic Courier
Abstract:
In a famous story about the creation of the Senate, Thomas Jefferson and George Washington were debating a possible upper legislative chamber over tea, and Jefferson wanted to know why it was necessary to create an undemocratic body like the Senate. In response, Washington asked Jefferson why he had poured some of his tea into a saucer. “To cool it,” Jefferson answered, to which Washington replied “Even so, we pour legislation into the senatorial saucer to cool it.” The story (even if it might be apocryphal) illustrates that the slowness and deliberation of the Senate were intentional and designed to offset the popular passions that might govern the House of Representatives. The Senate’s rules were designed to emulate a gentleman’s club (such as the filibuster, which originated from the idea that gentlemen would have the good sense to limit the length of their speeches and that it would be rude to cut them off) but have become archaic as the body changed from a club to a typical legislative chamber. The rules of the Senate as they are currently designed have resulted in giving the opposition a trump card that is usually disproportionate to their legislative power. While its original structure incentivized moderation and compromise, the electoral system that populates its membership has incentivized partisanship. As a result the Senate has changed its form but not its function. The Senate can be deferential and deliberate or it can be factional and partisan, but it can’t be both.
Topic:
Foreign Policy, Diplomacy, and Domestic Policy
Political Geography:
North America and United States of America

1284. What a Tangled Web: India Caught Between U.S. and Iranian Interests

Author:
Felix Imonti
Publication Date:
06-2012
Content Type:
Working Paper
Institution:
The Diplomatic Courier
Abstract:
India is caught between the consequences of provoking a United States driven by its fixation upon the Iranian nuclear program and by an Iran that is a major supplier of oil, providing India with access to its vital interests in Afghanistan. The best that the Ind
Topic:
Diplomacy, Energy Policy, International Cooperation, Military Strategy, and Nuclear Power
Political Geography:
Iran, Middle East, India, Asia, North America, and United States of America

1285. Congress Considers New Sanctions on Iran - But Why

Author:
Paul Nadeau
Publication Date:
07-2012
Content Type:
Working Paper
Institution:
The Diplomatic Courier
Abstract:
It is not surprising that Congress can take a more aggressive stance on foreign policy issues than the Executive: Congress rarely bears the loss in foreign policy mistakes (consider where foreign policy issues rank on voters’ lists of priorities) and that consequently gives Congress an opportunity to demonstrate leadership, since high profile issues in most other issue areas carry considerably more risk. The result is that Congress will often take a position that is contrary to that of the Executive, most frequently by adopting a more extreme position, and then either assailing the Executive for a lack of leadership when the Executive does not follow or by taking credit when the Executive adopts Congress’s position. The most recent example is the issue of Iran’s nuclear program—which is likely the only current issue where there is genuine bipartisan support, famously evidenced in the Senate’s December 2011 100-0 passage of legislation sanctioning Iran’s financial sector. So far, international sanctions, and particularly the European Union’s sanctions of Iran’s oil sector, seem to have succeeded in damaging Iran’s economy and possibly even encouraging them to negotiate, though a breakthrough has been elusive. The problem is that while the sanctions may have succeeded in crippling Iran’s (already weak) economy so far, the goal of the sanctions program is supposed to have been to convince Iran to terminate its nuclear program. On that score, it’s unclear that additional sanctions may help the American cause and it might even undermine it.
Topic:
Energy Policy, Nuclear Weapons, Military Strategy, and Sanctions
Political Geography:
Iran, Middle East, North America, and United States of America

1286. Drones in Our World, Part IV: Adapting a Warfighter

Author:
Whitney Grespin
Publication Date:
08-2012
Content Type:
Working Paper
Institution:
The Diplomatic Courier
Abstract:
Aerial surveillance and remote sensing are nothing new in the world of combat reconnaissance, but they are new tools in the arsenal of the humanitarian relief and development communities. And they are rapidly evolving. Complex, disaster, and rapidly evolving environments all require the capability to promptly collect, analyze, and disseminate critical information that UAVs can gather and exploit in ways and quantities that other resources cannot rival.
Topic:
Science and Technology, Military Strategy, Drones, Humanitarian Intervention, and Conflict
Political Geography:
North America and United States of America

1287. Generation "U".: The Plight oof 75 Million Unemployed Youth

Author:
Arun S. Nair
Publication Date:
09-2012
Content Type:
Working Paper
Institution:
The Diplomatic Courier
Abstract:
Consider this—globally, 75 million youth between 15 and 24 years of age are unemployed, according to a May 2012 report of the International Labor Organization (ILO). If all these youth were residents of a single nation, that would make it the 18th most populous in the world. The 75 million youth (an increase of around 4 million since 2007) comprise about 40 percent of the estimated 207 million unemployed people across the world. Many of those who have managed to secure some employment are not any better off. As many as 228 million youth who have 'jobs' live on less than $2 a day, a reflection of their poverty and under-employment. The ILO forecasts a bleak future too. The international body on labor projects that the global youth unemployment rate—seen at 12.7 percent this year (or higher at 13.6 percent if one includes those who have given up or put off their job search due to the poor prospects)—will remain at such high levels in the near future, that is at least till 2016. Such is the seriousness of the problem that some experts have already started describing today's youth as Generation 'U' (for Unemployed) or Generation 'NEET' (an acronym for Not in Education, Employment or Training), a far cry from the more popularly used term—'Generation Z' or 'iGeneration' (symbolizing their skills in being technologically advanced and connected).
Topic:
Debt, Youth, Unemployment, and Job Creation
Political Geography:
North America and United States of America

1288. EU Privacy Regulation: Implications for U.S. and EI Law Enforcement

Author:
Carlton Forbes and Jacob Victor
Publication Date:
12-2012
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
In January 2012, the European Commission released drafts of two new pieces of legislation that would provide more stringent and more uniform regulation to the processing of electronic data relating to EU citizens. The proposed General Data Protection Regulation would govern the processing of data for general purposes, while the proposed Criminal Justice Directive would govern data processed in the specific context of criminal investigations. The Data Protection Regulation has proven controversial because of the significant number of requirements it imposes on private data processors, including requirements that the processor notify a consumer when her data is shared with a third party, and requirements that processors respect a number of new individual rights, such as the right of a consumer to request that her data be deleted (a.k.a. “the right to be forgotten”). Furthermore, the Regulation would mandate that many non-EU corporations would need to comply with its requirements when processing the data of EU citizens, or face harsh penalties. This memo summarizes the existing EU data protection regime, analyzes the changes proposed by the new Data Protection Regulation and Criminal Justice Directive, and explores the implications of this new legislation for U.S. criminal and national security investigations. We arrive at three main conclusions
Topic:
Law Enforcement, Law, European Union, Regulation, and Legal Theory
Political Geography:
Europe, North America, and United States of America

1289. UNCLOS Dispute Settlement in Context: The United States’ Record in International Arbitration Proceedings

Author:
Julia Brower, Christina Koningisor, Ryan Liss, and Michael Shih
Publication Date:
12-2012
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
The United Nations Convention for the Law of the Sea (UNCLOS) establishes a compulsory dispute settlement regime for resolving disagreements between member states. Critics of the Convention have argued that the mandatory dispute resolution provisions force member states to cede too much control over the dispute resolution process to an international body. They have also argued that the dispute resolution process is biased against the United States, and that the United States tends to fare poorly in international arbitration proceedings. This report addresses the first criticism by examining possible exceptions to mandatory dispute resolution provisions. At least one Annex VII tribunal has interpreted Article 281(1) of UNCLOS to permit states to contract around the mandatory dispute resolution provision through regional agreements. However, a subsequent tribunal applied a much more constrained interpretation of the Article 281 exception. Ultimately, the impact of this exception will depend upon which interpretation is applied. The report also examines the scope of the Article 298(1)(c) exception, which exempts from binding resolution “disputes in respect of which the Security Council . . . is exercising the functions assigned to it by the [U.N.] Charter.” This exception is not confined to specific subject matters, but it is limited by the procedural difficulties of adding or removing an item from the Security Council’s agenda, as well as by the political costs that such an effort entails. Finally, the report notes that UNCLOS’s compulsory dispute settlement regime is not accompanied by similarly robust enforcement provisions. The report addresses the second criticism by examining the United States’ record in arbitration proceedings under eighteen multilateral treaties containing mandatory dispute resolution provisions, as well as a series of bilateral aviation agreements that provide for mandatory dispute resolution. Fifteen of those agreements have yielded very few readily identifiable arbitration proceedings involving the United States.
Topic:
International Law, United Nations, Legal Theory, and Arbitration
Political Geography:
North America and United States of America

1290. Internationally Protected Persons: The Status of Consular Employees

Author:
Ryan Liss
Publication Date:
01-2012
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This memorandum considers whether consular employees and their family members constitute “internationally protected persons” (IPPs) under 18 U.S.C. § 112. In addition, the memorandum briefly considers whether an assault against the child of a consular employee abroad meets the jurisdictional nexus requirements of 18 U.S.C. § 112, such that the assault could be prosecuted in U.S. courts. It concludes that existing U.S. and foreign law and state practice do not provide a definitive definition of IPPs that either clearly includes or excludes consular employees. Moreover, the status of a consular employee’s child is similarly unclear, as the status of consular employees’ family members depends on that of the employee. However, while a definitive answer is not provided, the travaux preparatoires of the relevant treaties and one U.S. decision at least suggest that consular employees are excluded from the definition of IPPs. Part I explains that the applicable U.S. statutory provisions do not provide an exhaustive definition of who constitutes an IPP. The statute relies instead on the definition of IPPs at international law. In addition, there are no U.S. cases directly on point, so the existing case law does not foreclose the possibility that a consular employee might qualify as an IPP. However, the court’s logic in one case, United States v. Marcano-Garcia,2 which relied on the assault victim’s status as honorary consul under the Vienna Convention on Consular Relations in determining his IPP status, suggests that a consular employee would not fall within the definition. The exclusion of consular employees from the definition of IPPs is also arguably supported by the international treaties that 18 U.S.C. § 112 was drafted to implement, as well as those treaties’ travaux préparatoires. Part II looks to foreign and international law. There are indications in statements made via United Nations reporting processes that some states regard themselves as obligated to protect consular employees. But these statements are vague and are not supported by a similar trend in foreign domestic legislation or foreign case law. Part III shows that even if a consular employee and his or her child qualify as IPPs, the jurisdictional nexus under 18 U.S.C. § 112 must be met. For American courts to exercise jurisdiction in this case, the provision requires that the accused either be a U.S. national or be present on U.S. territory. Having concluded that the law does not support a definitive conclusion regarding whether a consular employee qualifies as an IPP, Part IV concludes by discussing policy considerations both in favor of and against extending such protection to consular employees.
Topic:
Law, Legal Theory, Protected People, and Diplomatic Immunity
Political Geography:
United States of America and North America