摘要: |
Globalization and a dramatic rise in security threats to commercial interests over the last decade have brought increased legal debate to the forefront of state attention. As the U.S. looks for methods to deal with maritime piracy and cyber exploitation, perhaps policymakers should look back through history to letters of marque and reprisal, important tools for the U.S. during the American Revolution and War of 1812. While changes in warfare and developments in international law have largely vanquished their role, Congressional authority to issue such letters remains, having never been repealed. Does this Constitutional power have present merit as a useful instrument for dealing with modern security threats. This strategy research paper examines the history of letters of marque and reprisal within the development of U.S. and international law and reviews the current state of maritime piracy and cyber exploitation. It then proposes a conceptual framework for resurrecting a letter of marque and reprisal system as a means of addressing contemporary security threats within an environment of constrained military budgets and rebalanced national focus. |