Decision researchers describe a “prominence effect” that leads decision makers to choose an option with more defensible attributes when quantitative assessment of those options is difficult. Prominence is hypothesized as a factor in US policy decisions not to use military force to prevent or stop humanitarian crises. Prominence is also regarded as a behavioral failure… Continue reading Countering the Prominence Effect: How US National Security Lawyers Can Fulfill Non-Prominent Humanitarian Objectives
Tag: Executive Power
JCP-No-Way: A Critique of the Iran Nuclear Deal as a Non-Legally-Binding Political Commitment
David Jonas and Dyllan Taxman’s insightful article— “JCP-No-Way: A Critique Of The Iran Nuclear Deal As A Non-Legally-Binding Political Commitment” —examines the Iran Nuclear Deal and its place in prior US arms treaties. By positioning the Iran Nuclear Deal within the historical context of past agreements, American treaty-making, and national and international political norms, the… Continue reading JCP-No-Way: A Critique of the Iran Nuclear Deal as a Non-Legally-Binding Political Commitment
The Covert Action Statute: The CIA’s Blank Check?
MAJ Peter Combe argues that the covert action statute prohibits the Central Intelligence Agency from violating self-executing treaties to which the United States is party, as well as non-self-executing treaties and customary international law implemented by statute, but it provides domestic legal authority to violate non-self-executing treaties and customary international law that have not been… Continue reading The Covert Action Statute: The CIA’s Blank Check?