摘要: |
By penetrating the security perimeter of the US air transportation network on September 11, 2001, nineteen Al Qaeda operatives succeeded in gaining access to and control of three commercial airliners. In their hands, these aircraft became weapons and killed almost three thousand people from more than 80 countries. The attacks instantly erased the security significance of distinctions between domestic and foreign threats, and changed--perhaps forever--the nature and scope of national security as a concept. Despite our formidable national defense establishment, the institutions created after the Second World War have proven inadequate to cope with the nature of modern security threats of the twenty-first century, as they expand from nation-states to sub-national groups employing asymmetric terrorist techniques to advance their aims. In response to a broader concept of national security than classic national defense, the Congress created a new institution to address the emerging threat--the Department of Homeland Security, whose chief mission is to prevent terrorist attacks on the U.S. homeland. However, the DHS has been saddled with the legal and regulatory legacy of the Cold War while attempting to deal with an entirely new set of security threats. This study focuses on one important dimension of this legal and regulatory legacy that affects directly the ability of the DHS to perform its mission--the nation's export control system. |