The Protection of Nationals Abroad and Non-Combatant Evacuation Operations in Times of Crisis

Ronald Alcala and Hitoshi Nasu discuss the legal basis for conducting non-combatant evacuation operations (NEO), a type of military operation conducted in a foreign state’s territory, designed to protect and rescue the operating state’s nationals. The legality of such operations has been debated for decades, and the potentially associated legal constraints surrounding them may hinder… Continue reading The Protection of Nationals Abroad and Non-Combatant Evacuation Operations in Times of Crisis

FISA Section 702’s Challenging Passage to Reauthorization in 2023

George Croner details the history, structure, legal requirements, and intelligence value of the Section 702 surveillance program and explains why the reauthorization of Section 702 is both perpetually challenging—and particularly challenging in 2023. Croner identifies the most likely criticisms of Section 702 and examines the sources and merits of these critiques including in light of… Continue reading FISA Section 702’s Challenging Passage to Reauthorization in 2023

Congressional and Supreme Court Restraints on Treaty Termination Carried Out at the President’s “Lowest Ebb” of Authority

Shervin Taheran illustrates the alarming trend of US presidents who indicate they can unilaterally withdraw from treaties without congressional approval. She argues the Executive Branch is not the “sole organ” to decide whether the United States can terminate a treaty. After examining international law pertaining to treaties, Taheran discusses how constitutional principles, textual evidence, historical… Continue reading Congressional and Supreme Court Restraints on Treaty Termination Carried Out at the President’s “Lowest Ebb” of Authority