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

China’s Anti-Monopoly Merger Control and National Security: Interactions with Foreign Investment Law and Beyond

Unlike the United States or the European Union, China has adopted a unique approach that combines foreign investment law and anti-monopoly law to protect national security in merger transactions. Meirong Jin and Qian Li argue that anti-monopoly merger control has been an indispensable part of China’s national security protection framework, with four characteristics that make… Continue reading China’s Anti-Monopoly Merger Control and National Security: Interactions with Foreign Investment Law and Beyond

Lawfare and Sea Power: A Historical Perspective

Four hundred years ago, the United East India Company hired Hugo Grotius, who would later be memorialized as the “father of international law,” to legitimize Dutch sea power in the South China Sea. Dennis Harbin illustrates that Grotius and the legal defense he crafted would have major implications for competition between democracies and autocracies centuries… Continue reading Lawfare and Sea Power: A Historical Perspective