Articles & Multimedia
Showing 1-9 of 9 Publications
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Blurring the Line
Mark Nevitt is currently an associate professor of law at Emory University School of Law and a CNAS adjunct senior fellow....
By Mark Nevitt
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Five “Blockades” and One Legal Problem: Naval Enforcement in the U.S.–Iran Conflict
The Pentagon should clarify, with precision, the legal authorities underpinning each maritime enforcement action....
By Mark Nevitt
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The Constitution’s Forgotten Term Limit on Military Power
They designed the Two-Year Clause not as a technical appropriations rule but as a structural guarantee: that the army of the United States would remain, as one Federalist put ...
By Mark Nevitt & Matthew. B. Lawrence
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Mined and Blockaded: Iran’s Unlawful Mining and the U.S. Port Blockade
As I discuss below, whether the United States carries out the blockade in a legal manner will affect, among other things, allied States’ willingness to participate and the ove...
By Mark Nevitt
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Middle East Security / National Security Law
Continuing Crisis in Strait of Hormuz: Why Iran’s Hold is Illegal and U.S. Military Force Alone FailsIran has drawn explicit lessons from this disruption and is now seeking to institutionalize its control....
By Mark Nevitt
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Legal and Operational Issues in the Strait of Hormuz: Transit Passage Under Fire
The Strait of Hormuz has long been recognized as one of the world’s most strategically vital and legally complex maritime passages....
By Mark Nevitt
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Middle East Security / National Security Law
Is the U.S. Fighting a War Without Rules?Military rules of engagement exist to specify 'who' and 'what' can be attacked. But Defense Secretary Pete Hegseth says the U.S. is fighting Iran without "stupid" rules of eng...
By Mark Nevitt
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Can a President Unilaterally Withdraw—and Rejoin—the UN Climate Treaty?
This article was originally published in Lawfare. On Jan. 7, the Trump administration withdrew the United States from more than 60 international agreements and organizations, ...
By Mark Nevitt
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Congress Must Clarify the National Guard’s Section 502 Legal Authorities
Mark Nevitt is currently an associate professor of law at Emory University School of Law, and previously served as a Navy judge advocate general and tactical jet aviator with ...
By Mark Nevitt