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New technologies, new geopolitical alignments, new interests and vulnerabilities, and other developments are changing how, why, and by whom conflict will be waged. The Future Law of Armed Conflict considers how law and institutions for creating, interpreting, and enforcing the law of armed conflict might look two decades ahead - as well as what opportunities may exist to influence it in that time. This book brings together a diverse set of voices to debate questions that are likely to emerge, and consider possible futures.
List of contents
- Foreword
- The Honorable John B. Bellinger III
- Introduction: The Future Law of Armed Conflict
- Matthew C. Waxman
- Chapter 1: Future War, Future Law: A Historical Approach
- Sir Adam Roberts
- Chapter 2: The jus ad bellum anno 2040: An Essay on Possible Trends and Challenges
- Terry D. Gill
- Chapter 3: Coding the Law of Armed Conflict: First Steps
- Ashley Deeks
- Chapter 4: Big Data and the Future Law of Armed Conflict in Cyberspace
- Paul B. Stephan
- Chapter 5: Being More than You Can Be: Enhancement of Warfighters and the Law of Armed Conflict
- Rain Liivoja
- Chapter 6: The Law of Cyber Conflict: Quo Vadis 2.0?
- Michael N. Schmitt
- Chapter 7: The Laws of Neutrality in the Interconnected World: Mapping the Future Scenarios
- Hitoshi Nasu
- Chapter 8: The Future Law of Naval Warfare: Some Vessel Status Issues
- Rob McLaughlin
- Chapter 9: The Second Space Age: The Regulation of Military Space Operations and the Role of Private Actors
- Christopher J. Borgen
- Chapter 10: Coalition Warfare and the Future of the Law of Armed Conflict
- Blaise Cathcart, QC
- Chapter 11: Transatlantic Legal Cooperation and the Future Law of Armed Conflict
- Steven Hill
- Chapter 12: Who Gets to Make International Humanitarian Law in the Future: A Pluralist Vision
- Alex Moorehead
- Chapter 13: The Future of Military and Security Privatization: Protecting the Values Underlying the Law of Armed Conflict
- Laura A. Dickinson
- Chapter 14: A Discursive Analysis of the Chinese Party-State's Potential Impact on the Law of Armed Conflict
- E. John Gregory
About the author
Matthew C. Waxman is the Liviu Librescu Professor of Law at Columbia Law School, where he is faculty chair of the National Security Law Program. He previously held senior positions in the U.S. State Department, Department of Defense, and National Security Council. Waxman is a member of the Council on Foreign Relations, where he serves as adjunct senior fellow for Law and Foreign Policy. He also serves as a senior fellow at the Lieber Institute for Law and Warfare at West Point.
Thomas W. Oakley is an assistant professor of law at the U.S. Military Academy. A career Judge Advocate in the U.S. Army, LTC Oakley brings a wealth of experience as a legal advisor, practitioner, and scholar on matters of military justice and the law of armed conflict.
Summary
Warfare is changing - and rapidly. New technologies, new geopolitical alignments, new interests and vulnerabilities, and other developments are changing how, why, and by whom conflict will be waged. Just as militaries must plan ahead for an environment in which threats, alliances, capabilities, and even the domains in which they fight will differ from today, they must plan for international legal constraints that may differ, too.
This volume considers how law and institutions for creating, interpreting, and enforcing it might look two decades ahead - as well as what opportunities may exist to influence it in that time. Such assessment is important as the U.S. and other governments plan for future warfare. It is also important as they formulate strategies for influencing the development of law to better serve security, humanitarian, and other interests. This volume examines not just specific questions, such as how might a particular technology require adaptive interpretation of existing law, but also grand ones, such as whether law is capable at all of keeping up with these changes.
Additional text
This volume can be recommended to anyone engaged with LOAC as a Legal Advisor or researcher and intending to continue to do so over the coming years.
