Category Archives: Foreign Policy

JNSLP Symposium—Shifting the Great Power Competition: Emerging and Continuing Threats with China, with Jim Steinberg

The Journal of National Security Law and Policy hosted its 2021 annual symposium this week, featuring a keynote discussion with James Steinberg, former US Deputy Secretary of State and University Professor of Social Science, International Affairs and Law at Syracuse University.

Steinberg and James Feinerman, Professor of Law at Georgetown University, sit down to discuss US-China relations, managing differences, and the ongoing power struggle between both nations.

The interview taps Steinberg’s wealth of experience with China to address the biggest challenges facing the Biden Administration and his recommendations for the way ahead.

Syracuse University College of Law Professor William C. Banks, Chair of the ABA Standing Committee on Law and National Security and Editor-in-Chief of JNSLP, provides opening remarks.

Shaking the Rust Off the Comprehensive Nuclear-Test-Ban Treaty Ratification Process

This article provides an analysis of the benefits a Comprehensive Test-Ban Treaty and its ratification process would have on international norms, order, and the prosperity of all States involved. In a comprehensive call to action, Matsick recommends an insightful four-sided bargain by four of the largest nuclear powers that would suppress strategic fears and argues that this bargain might be more politically feasible than once believed.

The aftermath of the Second World War and the ensuing nuclear arms race that followed in the Cold War has had an array of impacts throughout the globe and on the international system.

Nuclear nonproliferation and non-testing norms were the expected solution to quash many of those same impacts from bleeding into the future. Rob Matsick focuses the reader on myriad recent developments that have put these norms under siege, and the need for a comprehensive treaty on nuclear testing to resolutely affirm and strengthen the existing legal regime.

Countering the Prominence Effect: How US National Security Lawyers Can Fulfill Non-Prominent Humanitarian Objectives

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 affecting both the general public and public officials that can be mitigated to improve welfare outcomes in transnational security decisions. This article—by David G. Delaney and Paul Slovic—considers those hypotheses as they relate to attorneys advising the US president and other senior public officials addressing transnational security issues. It proposes a combination of institutional, organizational, and individual steps to mitigate prominence and related behavioral failures.