National Security and the Legal Process

2 Volume Set

Philip D. O'Neill, Jr.

Terrorism: Documents of International and Local Control, Second Series

The only comprehensive, current, authoritative text that focuses on how to lawfully implement security policy in the framework of U.S. and international law, with respect to the twin strategic threats of terror and WMD proliferation
The combination of O'Neill's expert commentary, exhaustive footnotes, detailed Table of Contents, and thorough index make this the most accessible and comprehensive resource available on U.S. security policy.
The extensive coverage in this resource will benefit not only researchers working at law schools, colleges, and universities, but Congressional offices and "think tanks" as well.
O'Neill's experience places him in a unique position to answer the needs of practitioners, scholars, and students alike. He has advised major players in the realm of security law (national politicians and the Department of Defense) and has taught security law and international law at the graduate level (Boston University School of Law, Boston College Law School, and the Fletcher School of Law and Diplomacy at Tufts University).

National Security and the Legal Process

2 Volume Set

Philip D. O'Neill, Jr.

Terrorism: Documents of International and Local Control, Second Series

Description

What are the legal limits for America's global war on terrorism?
The main volume of the set sheds light on these questions and on the general body of national security law as well as analyzes the legal foundation for international arms control in light of the global war on terror. O'Neill also provides a supplementary volume that saves researchers from conducting hours of work online and in other, less comprehensive print resources. Speaking from the unique viewpoint of his decades of experience in international law and political consulting, O'Neill has arranged a thorough, but compact resource for creating effective and principled security policy. National Security and the Legal Process offers readers a practical approach to resolving the age-old tensions between security and freedom and between self-defense and respect for sovereignty.

About this Volume
In this two-volume set, attorney and professor Philip O'Neill uses his vast expertise to explore the difficult legal principles that relate to U.S. conduct in its War on Terror. Instead of taking a simplistic, polemical approach to the debate between the imperative of security and the imperative of liberty, O'Neill instead advocates a more practical, process-based model for resolving that classic tension. O'Neill objectively provides the information and insight necessary to understand and improve current U.S. security policy. National Security and the Legal Process moves beyond the narrow debate between security assurance and civil liberties to analyze the legal implications of recent U.S. and U.N. action on issues such as bioterrorism and nuclear threats. With a detailed discussion of how best to address those two modern threats, National Security and the Legal Process acts as a comprehensive resource for policymakers and for the scholars and who influence them. The supplement of primary documents that accompanies O'Neill's monograph will remove hours of unnecessary research for practitioners as well as the next generation of policymakers: who include students enrolled in law schools and graduate programs.

National Security and the Legal Process

2 Volume Set

Philip D. O'Neill, Jr.

Terrorism: Documents of International and Local Control, Second Series

A. (for the main text)

I "THE QUEST FOR PRINCIPLES OF ACTION IN AN AGE OF INSECURITY"
II "WHEN PUSH COMES TO SHOVE"
1. Pandora's Box: Intervention and the Use of Force
2. Beyond Intervention
3. Going To War

III
"21ST CENTURY ISSUES"
1. Intelligence
2. Military Issues
3. Detention Practices
4. Terror Finance

IV "ARMS CONTROL AND THE LEGAL PROCESS"
1. Introduction - Legal Techniques In Changing Circumstances

2. Example Modification Techniques to Accommodate Change
3. The Legal Limitation of WMD
4. Weapons In Space
5. Flexibility In the Arms Control Legal Process
6. Proliferation Case Studies
V "OUR CHOICE"
APPENDIX

b. (for the supplement):

Section I. The Evolving Scope of National Security
A. Historical
B. Current

Section II. Multilateral and Related Bilateral Materials

A. U.N.
B. Bilateral

Section III. Domestic U.S. Authorities
A. Executive Orders
B. Statutes and Resolutions
Section IV. Court Decisions

A. Case Concerning Nicaragua

B. Hamdan v. Rumsfeld (2006) and Rumsfeld v. Padilla (2004)

Section V. Miscellaneous
A. Presidential Statements
B. Memoranda of Understanding and Agreements Between US and USSR
C. Guidelines
D. Other Documents

National Security and the Legal Process

2 Volume Set

Philip D. O'Neill, Jr.

Terrorism: Documents of International and Local Control, Second Series

Reviews and Awards

National Security and the Legal Process is an important and thought-provoking study of the modern legal landscape, a realm too often overlooked. This book is mandatory reading for anyone seriously interested in how America faces the complicated security challenges of the 21st century. - Senator John Kerry, Massachusetts

Philip O'Neill has produced a superb guide to the legal issues at the heart of all the major problems of international security today. This book should be, and doubtless will be, used to guide the next group of American policymakers as they confront international security problems in both an effective and lawful manner. - Professor Ashton Carter, Chair of the International Relations, Science, and Security faculty at Harvard's Kennedy School of Government, Professor of Science and International Affairs, and former U.S. Assistant Secretary of Defense

If I were still a law professor, this is a book I would want to use in the classroom. It fills a vital gap in the study of international law, focusing not only on U.S. law but also on the international law addressing the key national security issues of the 21st century. - Anne-Marie Slaughter, Dean, Woodrow Wilson School of Public and International Affairs, Princeton University, formerly J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law at Harvard Law School.