World Politiks

Thursday, May 26, 2005

International Institutions and Legal Doctrine

International Institutions
and Legal Doctrine

By
B.E.N.
May 25, 2005

In the beginning…
When reviewing the various international institutions and legal doctrines the appearance of international action on the part of states becomes clear. While it may be a matter of debate as to the effectiveness of these in the past, the question before society today is if these global institutions and doctrines can viably be used in the 21st century?

Doctrine…
There exist a vast number of bilateral and multilateral conventions and treaties that deal with the important issues of crime, human rights and the environment in the international community. The United Nations (UN) has taken a leading role in proactively pursuing the progressive development of international law and utilizing existing institutions to pursue this end.

The UN Office on Drugs and Crime is, "mandated to assist Member States in their struggle against illicit drugs, crime and terrorism." The Convention against Transnational Organized Crime, the Convention against Corruption, and the Convention against the Illicit Traffic of Narcotic Drugs and Psychotropic Substances are examples of well-established and effective legal doctrines providing substantial support towards the mission of the organization.

In early December of 1948, the UN General Assembly (UNGA) passed resolution 217 A (III), which proclaimed the "universal declaration of human rights." This document set out to state the, "recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world."

The UN High Commissioner for Human Rights (UNHCHR), whose mission is to "protect and promote all human rights for all" and is, "guided in its work by the Charter of the United Nations, the Universal Declaration of Human Rights and subsequent human rights instruments." The UNHCHR goes on to states that, "there are seven core international human rights treaties," which are: the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. The commissioner depends on all of these doctrines in its ability to address human rights in the world and further espouses the importance of all.

Global environmental concerns are addressed by the UN Environment Program (UNEP) guided by the legal provisions as laid out in the Stockholm Declaration and the Rio Declaration. These allow the organization to fulfill its mandate of coordinating a global environmental policy consensus.

All of these conventions and treaties provide a sound international legal doctrine for contending with international crime, human rights abuses and protecting the environment. Legal doctrine in hand, are international institutions up to the challenge of enforcing these laws and provisions?

Institutions…
There are several international institutions that provide support in the enforcement of international law. Couple these institutions with the efforts of municipal agencies and the growing role of non-governmental organizations and a vast network of viable organizations appear.

International institutions such as Interpol, which can boast of 182 member states, use the above doctrines for fulfilling its stated mission of being, "the world’s pre-eminent police organization in support of all organizations, authorities and services whose mission is preventing, detecting, and suppressing crime."
But the key element in enforcing international law is the individual state’s municipal agencies. For example, the U.S. Bureau for International Narcotics and Law Enforcement Affairs, "advises the President, Secretary of State, other bureaus in the Department of State, and other departments and agencies within the U.S. Government on the development of policies and programs to combat international narcotics and crime." This and organizations like it, coordinate together in support of the international provisions laid out in international legal doctrines, some of which are mentioned above.

Non-Governmental Organizations (NGO), while not official enforcers of international law, are becoming more and more important in their support of international legal doctrine. Their ability to bring pressure on violators is sometimes more effective than the normal channels. This is especially true in the arena of the environment where groups like the Greenpeace, The World Conservative Union, and the Consultative Group on International Agricultural Research all work with states and the international community in the development of as well as the enforcement of global policy.

There is also the question of how the international community can punish and resolve disputes involving international law, human rights abuses and the environment. The creation of the International Criminal Court (ICC) as a means of promoting, "the rule of law and ensure that the gravest international crimes do not go unpunished." It continues with, "the ICC will be complementary to national criminal jurisdictions," which further shows the importance of municipal judiciary systems.

The International Court of Justice (ICJ) is a viable system for dealing with environmental law as well as the abuses of human rights. With its ability to call tribunals to deal with heinous situations like what occurred in Rwanda and Yugoslavia, it has a strong avenue for dealing with such human rights atrocities. On the environmental level, the ICJ decision on the Gabcikovo-Nagymaros Project is a good example of how the court can deal with these types of cases as well.

Each of these institutions and organizations contribute to the enforcement and arbitration of criminal, environmental and human rights abuses in the international community. Their ability to work hand in hand strengthens this ability and ensures a proactive and progressive coordination between all concerned. These institutions are up to the challenges of the 21st century.

Conclusion…
The doctrine exists, the institutions are built, the need is apparent- the remaining question is are the individual members of the international community ready to meet these challenges of protecting the international environment, punish global criminals and address the abuses to universal human rights? No universal policeman exists, so it is incumbent on the participation of the international community to come together and collectively address these issues. It can be argued that the signs bode well for dealing with these threats, and one can only hope that the realization of global interdependence will focus all on supporting these legal doctrines and international institutions in their missions sooner rather than later.

Friday, May 13, 2005

Jus Gentium

Jus Gentium:
The Law of Nations

By
B.E.N.

April 21, 2005


In the Beginning…
For centuries, states have known and observed an obscure and vastly unstructured element of civil guidance. With no single developer, enforcer or mediator, this guidance has wandered through history slowly coalescing into what we know today as international law. Its development includes the contributions of treaty, doctrine- both religious and political, as well as learned theory and opinion. Courts at almost every level of society, though some more than others, have had opportunities to impact its progression through the ages. International law, once the only restriction existing for the nation-state, is quickly becoming an element that is affecting the lives of everyday people; individuals throughout the world are now forced to contend with the rules of the international society.

But what is international law and how is this different from what we observe everyday in our local communities? And how effective is international law? This essay intends to look at what makes up international law, explaining its difference with the domestic codes we are all familiar with, as well as look at it’s effectiveness in the international community.

Jus Gentium…
Jus gentium or the law of nations has been around since the Roman Empire and was considered "common to all men," and was used by Roman authorities for application to foreigners when Roman law was inappropriate. This is an example of how two thousand years ago there existed the premise that a universal law provided guidance to society, above and beyond what the local governments regulated.

Jus gentium was further expanded by the notion of jus gentium publicum and jus gentium privatum, or public and private law. Public international law revolves around the "political interactions of states", and it is the guidance for how they operate and conduct high politics (diplomacy, national security, etc). Private international law on the other hand relates to legal elements of the global economy as well as the interaction of national legal systems.

So what is the difference between domestic, or municipal, law and international law? Two immediately come to mind- the jurisdiction of the law and the source of the law. Obviously the jurisdiction for municipal law is within the confines of the state, while international jurisdiction is just that, international. All states are obligated to govern themselves within the limits of international law, to include their internal legislation. Therefore, municipal law falls within the jurisdiction of international law and must comply accordingly.

The second difference is the source for the law. In the case of municipal law, it has a central source, typically the law making body. For example, in the US it is Congress, which is guided by the US Constitution. International law, however, is derived from several sources to include the various bilateral and multilateral treaties, customary practice, natural law and general principles thereof.

The Source of Law…
Treaty is by far the most direct of the international law sources. The Vienna Convention defines treaty as, "an international agreement concluded between States in written form and governed by international law." Further more, it is what is within the document or agreement specifically that matters and is applicable to those who have signed the treaty, thus signaling their obligation and support for the provisions therein. An example of treaty, and its supremacy over municipal law, is evident in Asakura v. City of Seattle.

In this case, Asakura- a Japanese citizen living in Seattle, was a pawnbroker. The city of Seattle passed a law in 1921 saying that pawnbrokers had to have a license, which would only be issued to US citizens. Asakura claimed that this violated a previous treaty signed in 1911 between the US and Japan covering trade and the US Supreme Court agreed. The Court stated that, "The ordinance violates the treaty. The question in the present case relates solely to Japanese subjects who have been admitted to this country."

What we see here is how municipal law has been trumped by international law through the form of treaty, but we also see that the Seattle law was not found void. International law created an exception to the ordinance, applicable only to Japanese citizens. So the effectiveness of the treaty is quite clear, but in a general sense covering a broader spectrum, it is not nearly as successful. Therefore we learn the first key lesson of international law, different sources provide various levels of clarity as well as various levels of applicability, inherently affecting the effectiveness of the law.

Customary law, while not as direct as treaty, is another source of international law. It is comprised of, in the words of Supreme Court Justice Story, "the works of jurists, writing professedly on public law; or by the general usage and practice of nations; or by judicial decisions recognising and enforcing the law." So with customary international law, no single element provides all of the answers, rather its generally a collection of the above showing a commonality in international practice. Amerada Hess v. Argentine Republic is an excellent example of such.

Amerada [Hess Shipping Corp.] leased the oil tanker HERCULES to transport oil from Alaska to the US Virgin Islands for refining. It was in transit from the Virgin Islands back to Alaska and was traveling around South America, invariably taking it near the conflict between the United Kingdom and Argentina [the Falklands War]. The US Maritime Administration transmitted a list naming the HERCULES as well as all US flagged vessels, which were neutral to the situation, that would be traveling near the conflict but in international waters and out of the exclusion zones declared by both parties. However, the HERCULES was attacked without warning by Argentine aircraft suffering extensive damage but managed to make it to port in Rio de Janeiro, Brazil. Upon inspection, it was found that an unexploded bomb was in one of the fuel tanks and that the risk was too great to remove it, therefore the ship was taken out to sea and scuttled.

The US Second Circuit Court found that, "customary rule of international law underscores the longstanding nature of this aspect of freedom of the high seas. Where the attacker [Argentina] has refused to compensate the neutral [Amerada], such action is analogous to piracy, one of the earliest recognized violations of international law." The court listed a variety of international accords, judicial decisions as well as US federal law in citing its decision.

While no direct international document existed to cover this specific situation, a host of applicable sources were used to show a common assumption of all states towards to treatment of neutral vessels. This brings us to the second key lesson of international law, that while no single source may deal with the situation specifically, an understanding of common practice exists and is binding on all states. This greatly expands the effectiveness of international law as well as its applicability to such.

Jus cogens or higher law, is an example of natural law, and is yet another source of international law. As Mark Janis explains jus cogens is, "by its nature and utility, a rule so fundamental to the international community of states as a whole that the rule constitutes a basis for the community’s legal system." Examples of topics covered by jus cogens would be genocide, slavery, or in the opinion of the International Court of Justice, force. The court found that, "the law of the Charter [United Nations Charter] concerning the prohibition of the use of force in itself constitutes a conspicuous example of a rule in international law having the character of jus cogens."

Judge Fletcher of the US Ninth Circuit Court describes jus cogens in this way, "Whereas customary international law derives solely from the consent of states, the fundamental and universal norms constituting jus cogens transcend such consent," which leads us to the third key lesson in international law. There exists certain elemental norms within international law that cannot not be absolved or restricted by other societal inventions. Simply put, states cannot legalize things like murder and still be within the confines of international law, which again strengthens the effectiveness of international adjudication.

Another important source of international law is the element of general principle. As Janis points out, it is, "the basic notion…that a general principle of law is some proposition of law so fundamental that it will be found in virtually every legal system." This becomes an important tool when dealing with situations where no treaty or agreement exists and no customary law can be established. When this occurs, the establishment of a general principle of universal legal acceptance garners immediate importance. General principles can be seen especially in the rules of war, for example, with the principle of proportionality of force. An example of a case relying on general principle is AM&S Europe LTD v Commission [Commission of the European Economic Community].

The AM&S case dealt with the concept of privileged communications. The Commission on the European Economic Community was seeking certain documents from AM&S Europe Ltd. who felt that the documents were protected under lawyer-client privilege. Since the concept of privilege was not covered under the Common Market Treaty the European Court of Justice decided to take, "into account the principles and concepts common to the laws of those States concerning the observance of confidentiality, in particular, as regards certain communications between lawyer and client."

The importance of the general principle concept, and the fourth key lesson in international law, is that it can establish legal norms common to foreign jurisdictions within the international community. An added benefit or aspect of general principles is that they can be valuable in establishing customary international law.

The Tie that Binds…
As shown here, international law is literally a melting pot of legal opinions, decisions, legislation and agreements. The effectiveness of international law lies with the willingness of the international community to accept it. With the growing interdependence of the world and a continued push towards supranational organizations to fill the role of global manager, the effectiveness and participation of the global community is assured.

Granted, by the very nature of international law, there will continue to be examples of how international law has failed or was irrelevant. Filartiga is a prime example of this, but the vast acceptance of international decisions as law will continue to bind states and regulate the world community according to the tools and sources mentioned above. The point of no return has been reached, and it is up to the global community to accept and nurture international law into what the world society wants and expects accordingly.

Critical Theory & Dependency Theory: A critical Review Through the Lens of Neo-Realism

Critical Theory & Dependency Theory:
A Critical Review Through the
Lens of Neo-Realism

By
B.E.N.


Critical and dependency theories provide an interesting alternative to the mainstream concepts of realist and liberal international relations. In their development, they were designed to address specific issues that their authors did not think were properly covered by older schools of thought. In addition, their development, while around specific issues, was expanded to present an overall theory in international relations while primarily addressing their core issues.

Critical Theory
Robert Cox and his alternative premise of critical theory specifically looks at the development and implementation of change. His essay Social Forces, States and World Orders: Beyond International Relations Theory examined established international relations theories and set out to challenge their ability to deal with change. He challenged these theories in three ways, 1) while appreciating the holistic intent of some theories (realism & world systems theory) he warns against treating abstract conclusions as material as this may prevent the development of a true holistic approach. 2) Cox felt that state and social forces must be considered jointly to properly gauge the trajectory created by historical processes and 3) there needs to be a empirical-historical methodology developed to accommodate and explain change more effectively.

For Cox, there are two types of theory: problem solving and critical theory. Problem solving focuses on the existing theoretical framework and political conditions to isolate and address issues. Critical theory focuses on rejecting existing social and political order to favor an ideology instead of the status quo. With this said, he primarily supports the concept of critical theory while allowing for the periodic need of problem solving theory.

He then lays out five purposes for critical theory with the first being that, "action is never absolutely free." Second, theory and action are both shaped by the problematic and, "the task of theorizing can never be finished in an enclosed system but must continually be begun anew." Thirdly he states that, "the framework for action changes over time and the principle goal of critical theory is to understand these changes." Next is the point that frameworks have the form of historical structure helping them to influence action. Finally, Cox explains that the framework is to be examined from outside in terms of conflict so as to open the possibility of transformation.

Cox’s critical theory and its focus on change provide a valuable tool for addressing the specific, but as a general theory for international relations its attributes are not so appealing. The concept of rejecting existing social and political orders to effect change in support of a specific ideology every time an issue arises is simply not practical. Besides the fact that the solution to an issue may not require the changing of the system in the first place, but rather just the actions within the system. While Cox states that problem-solving theory is necessary, he feels that it is vastly inferior to critical theory. This places entirely too much emphasis on the later while not supporting the advantages of the former.

Critical theory does provide a thorough and detailed roadmap in developing solutions completely foreign to existing frameworks. An example of this trait might be the interaction of foreign cultures, especially on the economic level. This is the strong suit of critical theory in its ability to create frameworks that address different systems and bridge them together.

However, with the expansion of globalization and the vast global interaction that exists today, the need for this aspect of critical theory is questionable. With the ever-expanding global capability of communication, cooperation and coordination through current frameworks, the need to bridge dissimilar systems together is quickly fading. In reality it is the problem-solving theory that is what will provide the necessary tools for dealing with issues in today’s globalized society.

Dependency Theory
Dependency theory, as espoused by Thomas Lynch in Foundations of Radicalism, again provides a general theory to international relations that revolves around a single element. His heavy draw on Marxism and the ideological focus of class structure within the economics of the state call for a general theory on international relations while focussing on a specific issue.

Like realism or neo-realism, Marxism- the main contributor to dependency theory- is focused on the motivations and instincts of man stating that man’s fundamental nature is pre-disposed towards conflict. Unlike realism or neo-realism, dependency theory builds upon the notion of economically divergent classes looking specifically at the inequality of states based on international economic requirements of capitalism.

The social critique within dependency theory is that industrialized states in the capitalist system require the exploitation of impoverished colonies to survive economically. This inequality feature is a permanent element of the capitalist system, causing tension and conflict on a continual basis or until the end of this system. Couple this with the concept of dependent development were 3rd world states depend on 1st world states for technology, financing, and knowledge to such a degree that their growth is totally dependent on the "vicissitudes" of an economic system designed to abuse them. Based on this premise, dependency theory calls for the violent overthrow of capitalism with the justification of the parasitic nature of 1st world states on the 3rd world.

There are three Marxist fundamentals included in dependency theory: 1) is the ideology requiring the impoverished class, in this case 3rd world states, to rise up and seize power in the form of a revolution. 2) Calls for a blueprint or roadmap for brutal and oppressive/repressive political and economic actions to sustain the accomplishments of the revolution and 3) is the promotion of an appealing view of the future to placate the masses to allow for the consolidation of the new anti-capitalist system.

The overall-driving goal of dependency theory is first and foremost the destruction of the capitalist system, followed by the redistribution of wealth in the international economic system. The concept completely disregards the notion of power in that it inherently calls for a reorganization of the system anytime one-state gathers more power than any other does. This structure is therefore extremely violent and calls for continual repression on human rights.
One element similar to neo-realism in that it subscribes to the concept that states are not equal in their capabilities, but it diverges greatly in its solution to the discrepancy. Since the theory was developed during the bipolar system between the capitalist United States and the communist Soviet Union, it has since witnessed the demise of the communist system and the vast expansion of capitalism placing dependency theory in a highly questionable state as to its validity.

A Tale of Two Theories…
Critical and dependency theories both focus primarily on specific issues within the international system, providing a framework that addresses a certain ideology. This element of ideology is the first obvious difference to neo-realism and realism in general. But more importantly, these concepts are designed to address and support states that have failed to prosper in the current system. In essence, since these states cannot succeed under the current rules per se, these theories simply call for new rules that are in favor of the failing states.

This mentality is ludicrous in that examples of 3rd world success in the capitalist system exist, providing great challenge to the soundness of their arguments. States like the four tigers (Taiwan, Singapore, Hong Kong and South Korea) have managed to adapt their internal economic systems to take advantage of certain elements within the global economy. More striking yet is the fact that communist China, the strongest and most powerful communist state in the world today, is transforming its economic system to a more capitalist economy because it no longer has faith in the communist mantra. These states have become successful in the capitalist system not through changing the system or through revolution but rather by focusing on the current framework and applying its structure to their strong suits.

These theories may have continued life if they are refined to focus on their specific issues or elements instead of trying to force them into a general theory covering the vast school of international relations. Critical theory provides an excellent framework for states on a domestic level to reassess their current system and adjust to it. With this in mind, it can provide a viable tool for improvement to both realist and liberal theorists, especially neo-realists who need to focus on a state’s inability to meet certain needs, specifically security, and develop corrective action. However, the problem-solving element must not be discarded as it provides solution development once a new security system has been installed.

Dependency theory, however, is highly questionable in its ability to deal with not only its specific issue of economic disparity but also as a general structure in the international system. With the overwhelming and undeniable collapse of the communist system and the massive trend towards capitalistic tendencies, the arguments and solutions presented by Lynch seem not only outdated but also simply wrong. It would even be a stretch to try and claim any improvement on liberalism in general with this premise based again on the vast number of shortcomings and the extreme limitation of noting successful examples of the theory. Based on this, the employment of this theory would be regressive rather than an improvement.

Therefore, based on the analysis of the two theories, the former should be adapted and refined to the specific with the later being completely discarded. Critical theory has much to offer international relations when focused on its specialty, and is particularly useful for the neo-realist concept as they develop new security strategies for the state.

Cooperation and Neo-Realism

Cooperation and Neo-Realism

By
B.E.N.


Cooperation is normally referred to as a liberal idea and is often seen as an opposite to the realist or neo-realist mindsets in regards to international theory. However, I do not think this premise or assumption is entirely correct because all international theories provide for some form of cooperation, especially in neo-realism. When the premise of cooperation is examined, this element becomes more obvious to the analyst and allows then the application of some of these characteristics of cooperation to the neo-realist premise.

Collective Security
The idea of collective security, a form of cooperation, is not unique to liberal theorists. In the theory of neo-realism, collective security becomes increasingly apparent when dealing with the balance of power or even bandwagoning. While the former is always preferred to the later, the element of collective agreements remains the same.

Inis Claude Jr. stated several valuable points to collective security, which are applicable to the neo-realist theory on international relations. First, Claude pointed out that collective security is a specialized instrument of international policy intended to forestall arbitrary and aggressive use of force and was not intended to provide enforcement mechanisms for international law in general. What this says is that collective security is focussed purely on the premise of state security, which is the single driving goal for neo-realists.

He continues by stating that, in regards to world order, collective security provides restraint of military action instead of guaranteeing respect for international law. Collective security is not an ideal, but rather a tool used in an anarchic system to help provide security to states that feel they are incapable of dealing with their threats individually. Collective security uses diplomatic, economic and military sanctions as equipment to induce a rational decision of avoiding national damage.

Collective security is designed to provide the certainty of collective action in the face of aggression. It reassures the victim and deters the aggressor, ensuring that the resources of the community are mobilized. Again this supports the elements of balance of power in neo-realism and supports the premise that states will balance against powerful nations rather than bandwagon with them.

Cooperation and International Regimes
Robert Keohane has argued several points about cooperation and international regimes that apply to the neo-realist premise as well. Keohane’s first point is that cooperation can only come from conflict or the potential for conflict. This is supported by the neo-realist theory because the world is in an anarchic state with all states focussing on the need for security from threats to state survival. Based off of this, discord therefore stimulates interaction, which will intern either foster cooperation or more discord.

Second, international regimes, also known as alliances, focus on global conflict and provide a pattern that allows for states to look at different situations with some semblance of predictability. These patterns of cooperation or discord therefore highlight situations and connect them to past occurrences, thereby keeping them from being isolated events. Neo-realists, while they believe there is no difference in the function of the units or states, do believe there are vast difference in the capabilities of these units so the makeup of regimes and their ability to deal with conflict becomes increasingly important.

Another element of regimes, supported by neo-realism, is that the norms and rules of regimes have an effect on the actions of states, even if self-interested units focussed on mutual adjustment use them. States pursue policies that support their security, regimes are collective tools towards that end. Since few regimes actually compete against one another directly, this narrows the number of units competing against one another. When the number of main actors in the system decreases, which regimes do, then the system becomes less anarchic and therefore more stable in neo-realist theory. Therefore regimes are an important element of neo-realism and help promote state security.

Tit for Tat
Robert Axelrod promotes a theory of reciprocity. Responses to other states are to be reciprocal to their actions, and therefore, if a state acts in good faith, then the response should be an act in good faith. The same applies to acts in bad faith as well as their responses; this is a very realist premise. He also promotes the interaction of smaller groups as he feels that the members of these groups interact more than larger groups.

While the concepts of Axelrod are premised on game theory and are limited in their structure and development, the belief of reciprocity and interaction of smaller units in the face of adverse situations shows a theory that thrives in the face of negativity, providing benefits, while striving for a better paradigm. This strongly supports the idea of neo-realism while holding out for better situations.

The Ties that Bind
By looking at the elements of the collective security, cooperation and international regimes and game theory we can effectively provide a strong, thorough understanding of the cooperative nature of neo-realism and see how these separate and independent theories on international relations make up a large portion of the neo-realist mindset.

Game theory really provides the foundation for the cooperative element of neo-realism. The concept of reciprocity is extremely important and is not to be underestimated. For states to consider cooperation, two things are assured- they are either very weak or very strong; there is no middle ground. This is important to understand as the repercussions of defection or the benefits of cooperation are on the opposite ends of the spectrum. If a state cooperates but the other defects, then that state is severely hampered while the other is greatly rewarded. This really affects the expectations that the participating states will have on the interaction, so the expectation of cooperation is low and states will do what is safe- defect, thus at least getting some benefits even though they could have gotten more.

This ties into the neo-realist theory as this type of interaction happens in an anarchic system with no central authority that ensures all states play "fair". As stated earlier, weak states must make the effort to cooperate so as to garner as much benefit as possible while powerful states will participate as they can afford to take the chance on defection.

The element of reciprocity involved in game theory also plays a large part of neo-realism. States, in an environment of cooperation, must be able to trust the actions and intentions of the other participating states. While the dependence exists, there must also be an element of enforcement for when that trust is broken, meaning that when one state defects it should and does expect the other to respond in kind, thus ending the cooperative regime or alliance.

This brings us to the cooperation concept of collective security. Collective security is a focus on security, pure and simple, and it is the goal of neo-realists to attain maximum security. The tools of collective security are diplomatic, economic and military, which are all elements of power. Power is the primary tool used by neo-realists to attain security, therefore, collective security uses the power of the collective to attain security for the collective.

Collective security is achieved through cooperation by states and is typically in the form of collective security regimes. These international regimes provide a vehicle for states that on their own, could not withstand a particular threat. Members of the regime face the same threat and each one independently could not ensure their own security in the face of it, so it is the mission of the regime to collectively pool together the resources and capabilities of the members to effectively counter and defeat the threat. The regime provides the security that the individual members could not attain independently, thus balancing power in the system. These collective security regimes also reduce the number of main actors in the system, thus providing a stabilizing factor as prescribed in the neo-realist theory.

Conclusion
Cooperation is an important tool used by neo-realists and liberals alike, but is particularly an important piece in the neo-realist theory. The premise of reciprocity, collective security, and the effects of international regimes all contribute important characteristics to neo-realism. These elements all provide tools to the state, which then uses them in its pursuit of security in the international system. Without cooperation, security would be a goal well out of the reach of most states and an enormous obstacle when attempting to balance the power of others. Its absence would leave the world as a very volatile, destabilized and violent environment with little need for diplomacy and little hope for peace.

Waltz on Morgenthau: Neo-Realism vs Realism

Waltz on Morgenthau:
Neo-Realism vs. Realism

By
B.E.N.


Realism has been the dominant theory for international relations for the last 2500 years. Ever since Thucydides analyzed the Peloponnesian War, theorists like Machiavelli, Bismarck, Hobbes, Sun Tzu and Clausewitz have all added something to the premise of realism. However, it was the writings of Politics Among Nations by Hans Morgenthau in 1948 that is truly credited with espousing the full parameters of realism as an international theory. Morgenthau’s theory of international politics is based on fixed premises and has six main principles.

The first principle is that, "political realism believes that politics, like society in general, is governed by objective laws that have their roots in human nature." Since human nature does not change, and these objective laws are based on human nature, then we can state that these objective laws do not change. This is necessary to distinguish, "between what is true objectively and rationally, supported by evidence and illuminated by reason, and what is only a subjective judgement, divorced from the facts as they are informed by prejudice and wishful thinking."

The second principle is that "the main signpost that helps political realism to find its way through the landscape of international politics is the concept of interest defined in terms of power." Statesmen will pursue policies that gather more power for the state.

Thirdly, "realism assumes that its key concept of interest defined as power in an objective category which is universally valid," means that politics always has interests in gathering more power, however, because of the variables associated with states, the interests or means for gathering power may not necessarily be the same.

The fourth principle revolves around the moral significance of political action. Meaning, "realism maintains that universal moral principals cannot be applied to the actions of states in their abstract universal formulation, but that they must be filtered through the concrete circumstances of time and place." While morality can drive the actions of both the state and the individual, an individual can sacrifice themselves in the name of an ideal while a state can do no such thing. Morality for a state, therefore, must be balanced by the prudence of state survival.

Fifth is the principle of how, "political realism refuses to identify the moral aspirations of a particular nation with the moral laws that govern the universe." State actions in the "name of God" are indefensible and history has shown these to lead towards self-destruction.

Finally, Morgenthau’s sixth principle is that, "the political realist maintains the autonomy of the political sphere." In other words, political realists think in terms of power just as economists think in terms of wealth or lawyers in terms of laws. Realism is an intellectually independent frame of mind.

Based on these principles, the realist tends to have a rather pessimistic view on human nature and since state action is based on human nature this transitions into a negative view on state strategy. States are selfish, competitive and exist in a global community in a constant state of anarchy. Nations are only interested in increasing their power in both real terms as well as relative to other nations. There is no "good" nation or "bad" nation per se, rather there are powerful nations and weak nations with the powerful states attempting to maintain the status quo while the weaker states are trying to change it.

In 1979, Kenneth Waltz attempted to present a more scientific approach to realism to try to answer some of the criticism of the classic definition of realism with his book titled Theory of International Politics. Waltz set out to explain the anarchic nature of the international system and why it tends to reproduce itself. He premised that the international system had three pieces to its structure.

The first was the principle ordering of the political units within a system. The system is anarchic not in a sense of chaos but because there is no central authority to order it. Due to this lack of authority, states are forced into a mindset of self-help in their quest for survival. This is generally done through military capability and forces all states to perform in the same role, even if they do not have the ability to do so.

Because of the anarchic nature of the system, Waltz states in his second principle that the functions of the differentiated units is self reliance, or all states fill the same function- survival. Because the international system has no order, each state must be a separate, autonomous and equal unit counting only on its own resources because it cannot rely on other to provide them.
Finally, his third principle is that while states cannot be differentiated by their function, they can be separated by their capabilities. Because the capabilities of states are unequal and ever shifting, the measurement of capabilities can define the relative power of states with others. This can also allow for behavior prediction of a state with regards to the balance of power in the system.

Waltz continues by pointing out that when states are confronted with balance versus bandwagon, they will always prefer to balance against power rather than bandwagon with it. This is because the power of others is always considered a threat. This is not to say bandwagoning does not happen, but it tends to be very weak states that are in no position to balance against any power.

Looking at both theories, we begin to see one of two key differences. While both theories expect policymakers to act in a rational manner, Morgenthau’s classical view of realism (classical realism) follows the line of thought that state behavior is power-oriented whereas Waltz’s new view of realism (neo-realism) views the actions of states in terms of security.

The other difference, based on the first, is the effect of certainty on the international system. For classical realists, since state actions are based on the desire for power, the certainty of the system results in more conflict because threats can be more easily ascertained and accounted for. Therefore, a bipolar system would be more prone to conflict because the threat from other powers is minimal, while a multi-polar system would be less prone to conflict because the threat of the other powers forming coalitions is greater.

Neo-realists, however, believe in just the opposite. Because their focus is on security rather than power, the more simple the system is, the more stable it becomes and therefore less prone to conflict. So a bipolar system is less prone to conflict while a multi-polar system is more prone to violence.

History tends to support the neo-realist argument on conflict. Europe, since the Battle of Hastings, has had multiple powers all fighting for supremacy simultaneously. The history of conflict between France, England, Prussia and Austria is long and bloody. Conflict is nothing new to the European continent starting with the 100 years war in the 14th century or the 30 years war in the 17th century. The world saw violence in the seven years war in the 18th century that expanded off of the European continent, Napoleon’s conquests, Bismarck’s unification, the First World War and finally ending with the Second World War when the European powers had finally managed to pound themselves into dust. This timeline of multi-polarity was plagued with war almost on a constant basis with all the European powers vying for control and dominance in the European Theater. While different states managed to have the upper hand for certain periods of time, the jockeying for power, influence and security dominated the strategies of all the major states.

Following the Second World War, only two global states still had the military prowess, economic infrastructure and global stature to drive international affairs- the United States and the Soviet Union. This was the birth of the bipolar system as the European powers of earlier centuries were in no position to stand against either power. It is also at this time that major conflict trends downward with wars remaining within regions as opposed to spreading globally.

Reviewing the differences between classical realism and neo-realism, it is evident that international relations has fallen inline more with the neo-realist premise than the other way around. Pre-WWII, the global system was in a constant state of multi-polarity and it was only after this conflict that the global system was able to transition into a new paradigm. This new paradigm of the bipolar system confirmed the premise behind the neo-realist mindset- certainty leads to peace. Instead of a push for power, states began making moves that supported security. Whether it was the development of arms in the West and the East, the political jockeying in the United Nations or bilateral diplomacy between the NATO powers and the Warsaw Pact, or even economic expansion with the ideology of capitalism competing against communism, states were positioning for security.

Of course, examples of more power-oriented moves can caveat the discussion, but these are the exceptions as opposed to the rule. With the global playing field being completely leveled with the exception of two, and with the rest of the global player’s development completely dependent on the will of the remaining powers, the global system transitioned into a new paradigm that confirmed the neo-realist concept. Morgenthau’s expansion on realism has provided many students of international relations with the ground work for understanding realism in general, however, Waltz’s expansion on his premise was necessary to fully understand and accurately see the global system for what it is and how it functions.

The United Nations: Peace in the 21st Century

The United Nations:
Peace in the 21st Century

By B.E.N.
May 11, 2005


In the Beginning…
The statement, "To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;" defines the purpose of the United Nations (UN). It is this purpose, along with the vast membership of the body that bestows the solemn responsibility of maintaining and projecting peace through the international system on the UN. But is it up to the challenge of maintaining peace in the 21st century? This essay will show that the UN, per international law, is responsible for global peace, but under the current designs, it is not living up to its obligations.

What’s in a Charter…
There are 191 members to the UN, all of which have signed the UN Charter. The only state to have not joined the UN is the Vatican City, therefore, every nation (with the exception of the Vatican) in the world has become a signatory to the charter; a treaty obligating these states to the provisions stated within. So with the universal acceptance of the UN charter, what does this document state, and how does this impact the institution’s ability to maintain global peace?
As stated earlier, Article 1 Section 1 (Article 1(1)) of the charter states the purpose of the UN- to maintain international peace and security. Article 2(2) states that members "shall fulfill in good faith the obligations assumed by them in accordance with the present Charter" with Article 2(3) requiring states to solve their differences "by peaceful means in such a manner that international peace and security, and justice, are not endangered," which is amplified by Article 2(4) that calls for the members to "refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations." So all members are required to observe the charter, which further demands that states pursue peaceful means of settling disputes and requires states additionally to refrain from the use of force.

There are few exceptions to the use of force. Article 51 states that, "Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security." But this seems to state that the attack must have either already occurred or is imminent. While this allows force for self-defense, it also states clearly the intention for the UNSC to address the issue if it threatens international peace. Article 24(1) clearly specifies that "In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf." Article 25 then cements this role, which states, "The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter."

So thus far it is evident that the UN is responsible for international peace and every state in the world, save one, has acknowledged this role. Furthermore, states have agreed to refrain from the use of force unless it falls specifically within the stated exceptions for such. Moreover, the UNSC has been designated as the institutional organization responsible specifically for the task of maintaining global peace and all states have agreed to accept and carry out the decision of the Council. All of this falls neatly into treaty law, by far the most binding of international law. But has it worked?

A Shaky Track Record…
Since the UN was established in 1945, there have been 74 conflicts with 34 of those falling within the parameters of civil war. Of the twenty most devastating wars of the 20th century, nine of them have occurred following the institution’s creation. Some of the wars have UNSC resolutions addressing them, however most do not. But why the flagrant violation of international law? With few exceptions like the Korean War, which acted under the auspices of the UNSC, the majority of these wars were in direct violation of the agreed UN Charter. Therefore the question remains, is the institution up to the task of maintaining global peace?

The first use of UN Peacekeepers came in 1956 following the Suez Campaign. The United Nations Emergency Force (UNEF) was placed along the Egyptian border with Israel and saw relative peace for nearly 10 years, however, the force remained at the will of the Egyptians according to the UN Secretary General (UNSG) U Thant. When the Egyptians asked the UNEF force to withdraw from Al Sabha and Sharm Al Sheikh, U Thant (without consulting with the UNSC or the General Assembly (GA)) informed the Egyptians that it was all or nothing. With that, on May 19 the entire UN peacekeeping force withdrew with war between Israel and Egypt starting on June 5th.

This is obviously a failure on the part of the UN to maintain the peace in the region. First off, per the UN Charter it is the UNSC that controls matters of troops and their insertion or withdrawal; therefore the UNSG over stepped his authority. More to the point, the force was placed there specifically to ensure peace and the UN was obligated by international law, per the UN Charter, to maintain the force for this purpose. Egypt and Israel were also obligated under international law, specifically the UN Charter, to accept and carry out the decisions of the UNSC. The ramifications of this failure are still felt today.

A more recent example of UN peacekeeping is seen in the Bosnia campaign. Bosnia requested the UNSC to supply UN monitors between it and Serbia but the UNSC denied the request citing that there existed "no precedent for preemptive peacekeeping." However, following Serbian attacks on civilians and Bosnian cities that was classified by the International Court of Justice (ICJ) as genocide, the UNSC sent in the UN Protection Force (UNPROFOR). Unfortunately, this force had a weak mandate that complicated its ability to defend the Bosnian population and eventually had to be supplemented with NATO forces.

This is another failure by the UNSC because per Article 1(1) the UN is required to "take effective collective measures for the prevention and removal of threats to the peace." The concept of precedent is irrelevant as the Charter specifically mandates the UN, and specifically the UNSC, to prevent hostilities through collective measures. Further complicating the matter, NATO acted to stop the genocide with force and without a mandate from the UNSC. Therefore, NATO states were technically violating the UN Charter as the UN didn’t transfer authority from UNPROFOR to the NATO led force until after the fact in resolution 1031.

Finally, a matter affecting global security and peace is the current situation in North Korea. North Korea signed the Nuclear Nonproliferation Treaty (NPT) in 1985. Per the treaty, they could not develop nuclear weapons. However, in October of 2002, North Korea admitted to a secret nuclear weapons program that was in direct violation to a 1994 bilateral agreement between it and the United States as well as the NPT. North Korea has withdrawn from the NPT under Article X of the treaty, which states, "Each party shall in exercising its national sovereignty have the right to withdraw from the Treaty if it decides that extraordinary events, related to the subject matter of this Treaty, have jeopardized the supreme interests of its country." But because North Korea violated the treaty prior to withdrawing from the NPT, it is still in violation of international law and threatens the global peace. Therefore the UNSC should act to prevent and remove this threat to global peace.

However, North Korea has stated that any resolutions from the UNSC concerning its nuclear weapon programs will be taken as an act of war. This is obviously incorrect and is not in accordance with international law as North Korea was a willing party to the NPT when it violated the provisions therein as well as a current member of the UN and is therefore obligated to accept and carry out the decisions of the UNSC per Article 25. If the UN is to fulfill its obligations under the charter, it must act against the threat to global peace that North Korea currently poses. This is yet another test for the UN in its responsibility to the maintenance of international peace.

Validity of the Charter…
In addition to the examples provided thus far, the sheer number of violations to international peace that have occurred since the creation of the UN casts doubt on the validity of certain provisions of the UN Charter. When several states continually violate a treaty over a prolonged period of time, that treaty has been cast into a state of desuetude, or a state of disuse. Therefore, it could be argued that the provisions on the use of force within the UN Charter are no longer valid. This would greatly damage the resolve and capability of the UN to enforce international peace through the UN and its charter.

The Way Ahead…
Obviously, the UN has not only failed live up to its responsibility of maintaining international peace, but its inability to proactively address the many cases of global peace and security have greatly undermined its position to address the subject in general. If the UN is to regain its rightful position of global peacemaker/sustainer, it must address these deficiencies.

First, the UN must enforce its charter against its member states. States found to be in violation of the charter and threatening the peace and security of the international community must be resolutely addressed and not cowed to. If states are unwilling to correct violations, then the UN has several avenues available to it to redress the situation to include: preventative diplomacy and peace making, peace keeping, peace building, disarmament, sanctions and enforcement.

Secondly, the current UNSG has proposed an Agenda for Peace, which outlines a series of changes to the way the UN will address threats to global peace through the avenues mentioned above. A high level panel has also developed a report recommending changes and expanding the UNSC in an effort to make it much more effective.

These changes should be embraced by the UN and its members, for without some change in the current system, the UN is doomed to go the way of the League of Nations in its ability to prevent global conflict. The UN is the sole international body responsible for international peace and security, as specified through the law of treaty. If the UN does not take on this responsibility, there is no other body to replace it and the international community will be once again be back into an age of ‘might makes right.’ The UN must adjust or it will not be able to meet the challenge of maintaining peace in the 21st century.

Tuesday, May 10, 2005

The 2002 National Security Strategy: A Transition

In the Beginning…
In 1986, the Goldwater-Nichols Defense Department Reorganization Act called on, "[t]he President [to] transmit to Congress each year a comprehensive report on the national security strategy of the United States." This report has thus become an annual requirement of administrations to provide Congress with a roadmap for U.S. strategic security.

These reports are typically amplifying in nature, rarely revealing anything new. Instead these documents consolidate together a general strategic security picture that the administration is currently focused on. Additionally, these reports have always been developed during times of peace, however, in September of 2002, for the first time, a national security strategy (NSS) was developed and presented to Congress during a time of war- the Global War on Terror (GWOT).
It was this report, a product of a post-9/11 mindset, which was faced with a proverbial fork in the road. It could either continue with the status quo of presenting a generic strategic plan restating existing positions or it could lay the groundwork for what would be the evolution of a new U.S. security doctrine, following in the footsteps of Presidents like Wilson and F. D. Roosevelt.

This essay will look at the Bush Administration’s initial report, the National Security Strategy of the United States, and examine the core values, priorities and threats envisioned within. An analysis will be made on the principles and positions of this document with an effort made to deconstruct key messages on processes, ideals, tactics and the concept of dealing with risk. This piece intends to show several key structural differences, the first being the core values, followed by an examination of the document’s security priorities, succeeded by the focus on strategic threats and the perceived solutions as presented by the strategy, and concluding with the cohesiveness of the document in general and the overall strategic picture laid out.

In the end, it will be evident that Bush’s NSS shows a dramatic focus on war-time goals and a true strategic picture for dealing with the current GWOT. When viewed in the same light as the other NSS’s that have been promulgated over the years, Bush’s strategy looks ideological, radical and aggressive. However, when viewed through the lens of war, the document presents an asymmetrical, multilateral approach to global security.

Adapting to Constraints…
Before delving into the specifics of the strategic plan, the perspective for which it is to be reviewed needs explanation. As stated earlier, the impact of history is enormous on Presidents and their developments in national security. Just as important is the ideological perception they have on international relations. Couple this with the enormity of the position as well as their capacity in rational decision making and a coherent security policy posture for deciding action becomes apparent.

It is this posture, using Alexander George’s value-conflict resolution model within the analytical mode of value-complexity along with his uncertainty device of ideology & general principles as guides to action that will provide the focus on the document’s base-point and strategic mindset. This will allow for an accurate critique of how Bush deals with the known and unknown respectively, and presents this solution in the NSS. Clausewitzian concepts such as center of gravity, the culminating point of victory and the asymmetrical relationship between offense & defense will also be used in defining key areas of the strategy.

The Semantics of Goals and Objectives-Core Values…
The Bush NSS consists of 12,748 words in 35 pages. It has a three page introductory letter from the President followed by a two-page overview of America’s international strategy, which is then divided and addressed in eight sections. The document presents two distinct frames of minds, one being a decidedly power-based tone involving the U.S. military, intelligence, and national assets for homeland defense. The second is its ideological tone, focusing on moral and value issues. These two elements of the document are then meshed together in a rather symbiotic relationship, both supporting and elevating each other.

The first sentence of the document boldly states that, "[the] great struggles of the twentieth century between liberty and totalitarianism ended with a decisive victory for the forces of freedom - and a single sustainable model for national success: freedom, democracy, and free enterprise." While this looks to be simple rhetoric, it emphatically states that not only is the Cold War over, but the post-Cold war era of uncertainty is also at an end. The statement also points out one model of "national success" through the values of freedom, democracy and free enterprise.

In fact, the word freedom is used fives times in the first paragraph alone. Couple this with the other words of liberty, democracy, free enterprise, etc; all of which literally saturate the beginning of the document with moral values, calls for the removal of borders for such values and charges that these values, "are right and true for every person, in every society." It then affirms, "the duty of protecting these values against their enemies is the common calling of freedom-loving people across the globe and across the ages." This becomes the over-arching goal of the document and the strategy in general.

The second paragraph presents how this goal will be achieved through two key elements of the strategy; one is the affirmation of the United States’, "unparalleled military strength and great economic and political influence" and proposes to, "create a balance of power that favors human freedom." This obviously proclaims and intends to perpetuate America’s role as a global hegemon with the stated objectives, the second element of the strategy, being to, "defend this just peace against threats from terrorists and tyrants… preserve the peace by building good relations among the great powers… [and] extend the peace by encouraging free and open societies on every continent."

These first two paragraphs proscribe the goal of the U.S., the strategic environment necessary for this goal, and the objectives for shaping this environment accordingly. Specifically, the NSS presents a goal of universal liberty and freedom-the core values, through U.S. global hegemony-its priorities, that will defend, preserve and extend world peace from terrorism & tyrants- the threat.

Hegemony Stability Theory (HST) at Work-Priorities…
John Lewis Gaddis presents an interesting analysis on the subject of hegemony. According to Gaddis, an innovation within the NSS is its development on great power cooperation. He breaks it up into two parts, the first being, "that other great powers prefer management of the international system by a single hegemon as long as it's a relatively benign one." The second part is that, "U.S. hegemony is also acceptable because it's linked with certain values that all states and cultures—if not all terrorists and tyrants—share." He backs up his second point with a quote from the NSS stating, "[n]o people on earth yearn to be oppressed, aspire to servitude, or eagerly await the midnight knock of the secret police." Gaddis states that based on a speech Bush gave at West Point on June 1st of 2002 along with the language of the NSS, this, "association of power with universal principles…that will cause other great powers to go along with whatever the United States has to do to preempt terrorists and tyrants, even if it does so alone."

This is an interesting premise that Gaddis presents, but not entirely accurate, both on a theoretical level as well as based on language within the document itself. There is agreement with the analysis that Bush wants and needs to maintain U.S. hegemony, he states as much in the second paragraph of the introduction. However, the qualifier of being benign seems inadequate when the document contains language focusing on preventing any other state, "from pursuing a military build-up in hopes of surpassing, or equaling, the power of the United States," or U.S. military development objectives for dissuading future military competition. Benign or not, the U.S. considers its position in the world as a national interest and its focus is to maintain that position.

On the theoretical level, even though the document uses some words repeatedly and thus presenting the core values of the strategy, the school of thought guiding this security strategy is very clear. For instance, "freedom", "liberty" and "prosperity" are used throughout the document 46, 11 and 11 times respectively. "Security", "terrorism" and "defense" dominate the NSS 70, 32 and 27 times respectively. Other terms used in the document are as follows: "peace"- 28 times; "threats"- 19 times; "intelligence"- 18 times; "economics"-40 times; "multilateral", "bilateral" and "unilateral"- 10, 12 and 6 times respectively. The Bush NSS is a neo-realist document that does not ignore the concept of power, far from it, but revolves around security. These words within the document present the core values of the United States, the concept of liberty and freedom are dearly held by the American people, but the focus of security in the strategy cannot be overstated. More importantly, HST is obviously a major priority in the strategic plan laid out. HST allows the U.S. to decisively lead and proactively participate in multilateral coalitions, it permits a simpler path to unilateral action when necessary, and it grants additional capabilities for asymmetrical warfare.

The 3 T’s-Threats…
Refocusing on the premise of hegemony, the NSS looks to use the environment of U.S. global hegemony to deal with what Jean-Yves Haine’s and Gustav Lindstrom’s call in their An analysis of The National Security Strategy of the United States of America, the 3T’s- terrorism, tyranny and technology. The symbolism and simplicity of the 3T’s is an excellent tool for analyzing the NSS, therefore this essay will adopt it for this purpose. The NSS diverts from past security strategies in that it states that the nature of the enemy has changed. It points out that, "[e]nemies in the past needed great armies and great industrial capabilities to endanger America. Now, shadowy networks of individuals can bring great chaos and suffering to our shores for less than it costs to purchase a single tank." It continues with, "[t]he gravest danger our Nation faces lies at the crossroads of radicalism and technology. Our enemies have openly declared that they are seeking weapons of mass destruction…" Finally the document specifies that, "[t]he United States will make no concessions to terrorist demands and strike no deals with them. We make no distinction between terrorists and those who knowingly harbor or provide aid to them."
Clausewitz wrote in his strategic manual On War, considered by many to be the quintessential military strategic guide today, about a concept associated with momentum and strategic focus. He called it the Center of Gravity or Schwerpunkt in his native Prussian tongue, and it generally means the most important source of that side's strength. On a strategic level, it can be the enemy’s military forces, his capital, or something less tangible like the common interest of an alliance or even public opinion. This strategy considers the interrelation of terrorism, tyranny and technology to be the enemy’s center of gravity. The focus of the document is to identify the relationship between each and essentially divide and conquer.

Terrorism
"The United States of America is fighting a war against terrorists of global reach. The enemy is not a single political regime or person or religion or ideology. The enemy is terrorism - premeditated, politically motivated violence perpetrated against innocents." This statement defines the exact nature of the enemy while maintaining enough ambiguity to be far reaching. It accepts and proposes a definition of terrorism and specifies who and what a terrorist is. On a tactical level, this is the most important sentence within the strategy. It addresses every element of the 3T’s and as alluded earlier, it supports the premise of how the nature of the enemy has changed from standard, conventional state armies to an underground network of individuals.

The document specifies three actions for disrupting and destroying terrorist organizations. The first is by, "direct and continuous action using all the elements of national and international power," focusing immediately on, "those terrorist organizations of global reach and any terrorist or state sponsor of terrorism which attempts to gain or use weapons of mass destruction (WMD) or their precursors." Terrorism is the vehicle of attack for the enemy. It focuses on creating catastrophic damage, less so on a material level as on a psychological one. It is a scare tactic of immense proportions, with the intention of crushing the will of the people and forcing them to capitulate to the demands of the terrorist group. Therefore, this first action is to focus on the vehicle of the 3T’s and remove that capability of the enemy.

The second action is an extremely controversial one, as it calls for, "defending the United States, the American people, and our interests at home and abroad by identifying and destroying the threat before it reaches our borders," immediately implying the use of force overseas. However, it is the following, which is qualified with a preference of international support, that draws concern and it is the element of preemption- "[w]hile the United States will constantly strive to enlist the support of the international community, we will not hesitate to act alone, if necessary, to exercise our right of self-defense by acting preemptively against such terrorists, to prevent them from doing harm against our people and our country." This is the first time the concept of preemption is used in the NSS. Because of the controversial nature of preemption, it will be covered in more depth later on, but in short here, it calls for the use of force against threats before they fully materialize.

Finally, the third action calls for, "denying further sponsorship, support, and sanctuary to terrorists by convincing or compelling states to accept their sovereign responsibilities." This is an important element of the strategy in that it automatically ties the state to the terrorist group, and their actions, or for that matter inaction, can make them culpable for the terrorist act.

Tyranny
While terrorism is the vehicle, tyranny is the fuel. America’s disdain of tyrannical states and actors is not new, but in the post 9/11 mindset of the document, it creates an environment that is no longer acceptable. Specifically, this strategy focuses on the shift from powerful tyrants to weak ones. This example is made in the NSS, "The events of September 11, 2001, taught us that weak states, like Afghanistan, can pose as great a danger to our national interests as strong states. Poverty does not make poor people into terrorists and murderers. Yet poverty, weak institutions, and corruption can make weak states vulnerable to terrorist networks and drug cartels within their borders." Destitution, lack of hope, and no ability to change a people’s future creates a setting in which terrorist groups are capable of recruiting members, financial support and protection. This is another important element, further showing the alliance of tyranny with terrorism.

Rouge states are given special consideration in the NSS with the document giving some examples of their tyranny by stating that, "[tyrannical] states: brutalize their own people and squander their national resources for the personal gain of the rulers; display no regard for international law, threaten their neighbors, and callously violate international treaties to which they are party; are determined to acquire weapons of mass destruction, along with other advanced military technology, to be used as threats or offensively to achieve the aggressive designs of these regimes; sponsor terrorism around the globe; and reject basic human values and hate the United States and everything for which it stands." The actions that constitute tyranny are in direct conflict with the core values of the NSS, and show the ideological struggle between tyranny and liberty- supporting and strengthening the casus belli for the GWOT.
"We must be prepared to stop rogue states and their terrorist clients before they are able to threaten or use weapons of mass destruction against the United States and our allies and friends." This "comprehensive strategy to combat WMD" is to use the following methods: "Proactive counter-proliferation efforts; Strengthened nonproliferation efforts to prevent rogue states and terrorists from acquiring the materials, technologies and expertise necessary for weapons of mass destruction; and Effective consequence management to respond to the effects of WMD use, whether by terrorists or hostile states." The fuel of tyranny has spawned terrorism globally, making the fear of these disgruntled and violent groups acquiring WMD very real.

Technology
As mentioned earlier, the document states that the enemies of the U.S. have, "declared that they are seeking weapons of mass destruction," and that this cannot happen. The strategy reminds the reader that during the Cold War, when there was a massive WMD build up, the aim of WMD’s was to be a deterrent for aggression. A concept developed of mutually assured destruction or MAD and it ensured that rational actors maintained peace and stability. However, the NSS points out the reliance on MAD is no longer applicable against terrorist groups- "Traditional concepts of deterrence will not work against a terrorist enemy whose avowed tactics are wanton destruction and the targeting of innocents; whose so-called soldiers seek martyrdom in death and whose most potent protection is statelessness."

Another strategic tool called for in the NSS is the development and installation of a missile defense shield. The document states that, "Our response [to the threat of WMD] must take full advantage…[of] the development of an effective missile defense system…" This shield is to provide protection from rogue states and prevent them from threatening or blackmailing the international community.

While the vehicle of terrorism is fueled by tyranny, it is the destructive capability of WMD that can provide the catastrophic results desired by the terrorists. It is this destructive capability, coupled with the successes of past terrorists groups, and with the support of rogue states that has forced the security strategy to focus on this specific threat to the degree that it does.
Preemption-Priorities…

The actual word preemption is mentioned in the document two times. The first presents a classical definition stating that, "[l]egal scholars and international jurists often conditioned the legitimacy of preemption on the existence of an imminent threat -- most often a visible mobilization of armies, navies, and air forces preparing to attack." The second qualifies the use in general by explaining that, "[t]he United States will not use force in all cases to preempt emerging threats, nor should nations use preemption as a pretext for aggression." The overarching justification for the use of preemption in general is premised around the fact that, "[t]raditional concepts of deterrence will not work against a terrorist enemy whose avowed tactics are wanton destruction and the targeting of innocents," and that it is the, "overlap between states that sponsor terror [tyrants] and those that pursue WMD [terrorists] [that] compels us to action."

Therefore, because of the nature of terrorists, as previously defined, the odds of their mounting a conventional military confrontation is very low because, "[t]hey know such attacks would fail. Instead, they rely on acts of terrorism and, potentially, the use of weapons of mass destruction - weapons that can be easily concealed and delivered covertly and without warning." Due to the devastating effects of WMD, the NSS then justifies a new interpretation of preemptive action, pointing out that, "[t]he targets of these attacks are our military forces and our civilian population, in direct violation of one of the principal norms of the law of warfare." The NSS further states that, "[t]he United States has long maintained the option of preemptive actions to counter a sufficient threat to our national security." Therefore, based on the conditions of terrorism and WMD along with the previous norms of U.S. security policy, the strategy presents a new meaning to preemption by affirming that, "[t]he greater the threat, the greater is the risk of inaction -- and the more compelling the case for taking anticipatory action to defend ourselves, even if uncertainty remains as to the time and place of the enemy's attack. To forestall or prevent such hostile acts by our adversaries, the United States will, if necessary, act preemptively."

The strategy then provides three elements to support preemption. One is to, "build better, more integrated intelligence capabilities to provide timely, accurate information on threats, wherever they may emerge," the second calls for, "coordinat[ing] closely with allies to form a common assessment of the most dangerous threats," and finally to, "continue to transform our military forces to ensure our ability to conduct rapid and precise operations to achieve decisive results."

The concept of preemption is disturbing to many states, especially in light of the military superiority the U.S. enjoys over every other nation in the world. Couple that with the fact that the U.S. intends to use preemptive action against threats before they reach American shores and it is easy to see how the U.S. can be viewed through a lens of imperial aggression; a global bully. However, when viewed through the lens of the GWOT, especially with the focus being on WMD, it becomes the new element or force that can pose a deterrent to state sponsors of terrorism, if not the terrorists themselves. The NSS certainly implies that while it may not be mutual, it is assured destruction.

The controversial nature of preemption lies in the expansion of its definition and the international communities forced reliance on the good will of the U.S. to not abuse it. As Clausewitz would put it, this is the culminating point of offense for the NSS, meaning that if the offensive use of preemption is pushed too far, it will inevitably reach a point were the U.S. will have to take up the defense against the international community; essentially shifting the equilibrium against itself. By abusing this tool, the U.S. could easily transform itself from the victim to the villain and therefore should tread lightly.

Diplomacy and International Coordination-Priorities…
The document from the very beginning acquiesces to the fact that, "no nation can build a safer, better world alone," and realizes the ability of how, "[a]lliances and multilateral institutions can multiply the strength of freedom-loving nations." It then affirms America’s commitment to, "lasting institutions like the United Nations, the World Trade Organization, the Organization of American States, and NATO as well as other long-standing alliances." In addition to these well-established organizations, "Coalitions of the willing" can be a great asset in their ability to, "augment these permanent institutions." Regardless of the structure, a key portion of the strategy lies in the fact that it expects, "[i]n all cases, international obligations are to be taken seriously," discarding symbolic gestures as useless.

Of the eight sections that make up the bulk of the NSS, seven of them focus specifically on diplomacy and multilateral coordination within the global community. In the Overview of America’s International Strategy (Section I), the document states that, "The U.S. national security strategy will be based on a distinctly American internationalism that reflects the union of our values and our national interests." The focus within the strategy is that by defending and securing the international community, the U.S. inherently protects itself. This daunting task is to be achieved through international cooperation, in which the U.S. will: "champion aspirations for human dignity; strengthen alliances to defeat global terrorism and work to prevent attacks against us and our friends; work with others to defuse regional conflicts; prevent our enemies from threatening us, our allies, and our friends, with weapons of mass destruction; ignite a new era of global economic growth through free markets and free trade; expand the circle of development by opening societies and building the infrastructure of democracy; develop agendas for cooperative action with other main centers of global power; and transform America's national security institutions to meet the challenges and opportunities of the twenty-first century." It is in fact these goals that make up the eight sections in the NSS.

In regards to the core values of freedom, liberty and democracy, the NSS states that, "the national security strategy of the United States must…look outward for possibilities to expand liberty." It then stipulates that U.S. "decisions about international cooperation, the character of our foreign assistance, and the allocation of [our] resources," will be guided by these core values, which will also, "guide our actions and our words in international bodies." Actions to be carried out by the U.S. include: "speak out honestly about violations of the nonnegotiable demands of human dignity using our voice and vote in international institutions to advance freedom; use our foreign aid to promote freedom and support those who struggle non-violently for it, ensuring that nations moving toward democracy are rewarded for the steps they take; make freedom and the development of democratic institutions key themes in our bilateral relations, seeking solidarity and cooperation from other democracies while we press governments that deny human rights to move toward a better future; and take special efforts to promote freedom of religion and conscience and defend it from encroachment by repressive governments."

The international aspirations of human dignity, as laid out by the NSS, go hand in hand with the core values of the U.S. strategy and are the goal of the document. This ideological sense in the strategy conveys a feeling that U.S. national security hinges on the ability to export these concepts and have them take hold throughout the international community.

The NSS also calls for international support in maintaining U.S. hegemony in that it states, "all nations have important responsibilities," declaring all, "[n]ations that enjoy freedom must actively fight terror," as well as those, "that depend on international stability must [also] help prevent the spread of weapons of mass destruction." The strategy, not depending per se, is looking for international cooperation in securing the environment necessary for achieving the NSS goal of universal liberty and freedom. America’s role as a global hegemon is to coordinate these forces and create a "balance of power that favors human freedom."

Economics and Expanding the Circle of Development…
The NSS provides an economic strategy for achieving U.S. goals along with addressing the key threat in the document- terrorism. As mentioned earlier, tyranny is the fuel for terrorism, however, poverty and corruption are the tinder. To counter this, the strategy calls for, "[a] strong world economy [that] enhances our national security by aspiring prosperity and freedom in the rest of the world."

This economic change is necessary as, "[i]t allows people to lift their lives out of poverty, spurs economic and legal reform, and the fight against corruption, and it reinforces the habits of liberty." The promotion of this is to be achieved through seven actions calling for: pro-growth legal and regulatory policies; tax policies…that improve incentives for work and investment; rule of law and intolerance of corruption; strong financial systems that allow capital to be put to its most efficient use; sound fiscal policies to support business activity; investments in health and education; and free trade.

Economic improvement in the global community is intended to change the environment breeding terrorism. Again showing the relationship between values and security, the document presents economically liberal values to support a strategically secure environment.

The Home Front…
The NSS also calls for the need for improvement in defending the homeland. The document states the Administration’s call for, "the largest government reorganization since the Truman Administration…[and is] [c]entered on a new Department of Homeland Security and including a new unified military command and a fundamental reordering of the FBI, our comprehensive plan to secure the homeland encompasses every level of government and the cooperation of the public and the private sector." Counter-proliferation is to be integrated into homeland defense as well as strengthened intelligence warning and analysis to provide threat assessments for domestic security. Above all, the defense of the American homeland is called the most important priority and the creation of this new department is to address that specifically.

Values, Priorities & Threats: A Symbiotic Transition towards Security…
The NSS goal of universal liberty and freedom- core values- through a U.S. global hegemony- priorities- whose objective is to defend, preserve and extend world peace from terrorism & tyrants- threat- is sound and cohesive. The document devises a course of action that addresses the complex question of terrorism and how to deal with it accordingly.

Terrorism is truly a value-complex question. The balance of liberty and freedom against security and defense lies at the heart of it, and any solution to such must be sensitive to both sides less it looses itself and the terrorists succeed. Value-conflict resolution, the pinnacle in dealing with value-complexity, is in the words of Alexander George, "a formidable task." However, this NSS meets the task by presenting an ideological goal supported by a realist structure.

The document is amazingly cohesive in that it repeatedly ties together the ideal with the real. The core values, ideological in nature, support the realist need for security and provide a catalyst for such in the global environment. Preemption, multilateral coordination and military intervention create a realist "balance of power" that encourages ideology of liberty and freedom. On and on throughout the document these two elements symbiotically coexist.

Clausewitz spoke of the asymmetrical relationship of attacking versus defending, pointing out that on a strategic level, the attack or offense is weaker than the defense but is positive in that it seeks to increase strength, power or security where as defense, being the stronger, is negative because it is focused on self-preservation. The NSS has found a balance between the offense and the defense by pursuing two paths simultaneously. One is unilateral and defensive in nature, using tools such as preemption, missile defense, and restructuring domestic institutions for homeland defense. The second path is multilateral, offensive and by far more present in the NSS. It calls for on a grand scale the use of international institutions and requires the international community to interact in the GWOT.

The history of 9/11 has caused this administration to present a security strategy that focuses on that threat. The neo-realist perception of the administration on international relations, as well as the very nature of the document itself, has called for all actions to revolve around the nation’s security. But at the same time, the core values presented in the NSS are ever present throughout and constantly support the question of security and the solution therein.

While the document does not and cannot deal with every threat the U.S. faces, it ensures that through the values and objectives developed within, that a comprehensive strategy that is flexible and decisive will emerge and thereby deal with any uncertainty. This document has stepped up to the challenge of defining the new century, and addresses the threats the U.S. is likely to face. But more importantly, it provides a solution that not only garners security but also improves the lives of the global community. The National Security Strategy of the United States emphatically presents itself with no apologies and welcomes the international community to the security provided within.