Despite all this heroic assistance and inspiring aid, I am sorely conscious of the shortcomings that persist in this work, and of my own ignorance. There are many scholars on whose labors I have depended. Yet I have no desire to be a synthesizer or compiler; what I offer is an original, though I hope not idiosyncratic, set of theses with practical and theoretical implications. I do not believe that the study of the past resolves present controversies but I am sure that thinking about the past can illuminate our present problems; that thinking about the past in the context of the future, and vice versa, will be fruitful for new approaches to our current dilemmas. Perhaps this conviction is owed to my unusual personal history; I sometimes think that not only was I supposed to write this book but that I am perhaps one of the few who would. That is because for the last twenty-five years I have led a double life.
As a teacher, I have divided my life between Texas and England. In the United States, I have taught constitutional law at the University of Texas; in the United Kingdom, I have taught the history of nuclear strategy, first at Oxford and later at Kings College, London. Abroad I have taught only strategy; at home I have taught only law.
Overlain on this life of teaching and writing has been another life as a public official. I have served in all three branches of the U.S. government and in both Democratic and Republican administrations. At various times I have been associate counsel to the president for intelligence and international security at the White House; the counselor on international law at the State Department; the legal counsel to the Senate Select Committee on the Iran-Contra Affair and author of the Senate Report Covert Action in a Democratic Society. Until returning to academic life in the fall of 1999 I served in a series of senior positions at the National Security Council: director for intelligence; senior director for critical infrastructure; and finally as the senior director for strategic planning.
No doubt this fragmented and multiple existence accounts for the different voices one encounters on reading this book, but more important, this life has given me an unusual array of vantage points that is rarely found in a single professional career and for which I am grateful to the persons named and to many others unnamed. It is precisely these perspectives—national and international, public and private, strategic and constitutional—that at the beginning of the twenty-first century are coming together in the life of the State, an institution that has hitherto been defined by keeping these perspectives logically and politically distinct.
This book is the confluence of all these strands—law, history, and strategy—as these have been interwoven with a life in and out of government. It could not really be otherwise. As Valery wrote, “In fact there is no theory that is not a fragment, carefully prepared, of some autobiography.”
ANNOTATED INDEX
ABC Problem: should the U.S. structure its forces to deal with peer nations, mid-level developing nations with modern forces and primitive weapons of mass destruction (WMD) or militarily ineffectual but dangerous states and nonstate actors? 299
Acton, Edward, 27, 832, 889
Adolphus, Gustavus (1594 – 1632): Swedish king 1611 – 1632 during the Thirty Years' War, 69, 70, 73, 96, 99, 100 – 14, 130, 504, 508, 512, 516 – 17, 837 – 8, 898
Akashi, Yasushi (1931– ): U.N. administrator in Bosnia; supervised Cambodian peace talks and elections 1993, 445, 459
Alba, Duke of (also Alva, Fernando Alvarez de Toledo) (1508 – 1583): Spanish commander in Low Countries, 494, 495
Alexander I (1777 – 1825): Russian tsar (1801 – 1825) represented Russia at Congress of Vienna (1814 – 1815), 150, 162, 869
Aquinas, Thomas (1225 – 1274): Jesuit philosopher, 77, 87, 491, 877
Article 2(4): U.N. Charter provision outlawing aggression by one state against another, 473, 863; compare Article 51, a provision recognizing each state's right to defend itself
Articles 42 and 43 of the U.N. Charter: U.N. Charter provisions authorizing the Security Council to use armed forces to maintain international peace and security, 169, 256, 433, 463, 473 – 4
Aspin, Les (1938 – 1995): U.S. secretary of defense (1993 – 1994), 298, 850
Athens: Greek city-state that flourished in the fifth century B.C., 8, 21, 332
Augustine, St. (354 – 430): Christian philosopher, author of Confessions and The City of God, 77
Austin, John (1790 – 1859): English jurist, 6, 565 – 7, 585 – 6, 589 – 90, 641, 829, 845 – 6, 852, 889 – 90
Ayala, Balthazar (1548 – 1584): Spanish military figure and jurist, 489, 494 – 6, 499
Badinter Commission: E.U. tribunal that establishes criteria for international recognition of states emerging from former Eastern and Central European communist countries, 449, 463
Baker, James (1930– ): U.S. political figure; White House chief of staff (1981 – 1985, 1992 – 1993); secretary of the treasury (1985 – 1988); secretary of state (1989 – 1992), 280, 431 – 3, 612, 626 – 33, 635, 662, 846, 876, 881
balance of power, 90, 121, 124, 126, 129 – 33, 153, 155, 162, 169, 171 – 2, 233, 258 – 60, 263 – 65, 271, 278 – 9, 309, 344, 360, 383, 521, 523 – 7, 532, 534, 537, 539 – 40, 543, 550 – 3, 555, 559 – 60, 869, 886
Barraclough, Geoffrey, 26, 831, 889
Bartholomew, Reginald, 457
Beetham, David, 336, 844, 852
Berlin, 9, 26, 45 – 6, 50 – 1, 53 – 55, 150, 157, 382 – 3, 386, 389 – 90, 555, 580, 594, 624, 639, 669 – 70, 672 – 5, 834, 845, 855
Berlin Airlift (1948 – 1949), 51
Berlin Wall (erected 1961), 55 – 6, 61, 625, 636, 761, 764, 798
Betts, Richard, 307, 882
biological warfare, 692 – 3,709, 882
Bismarck, Otto Eduard Leopold von (1815 – 1898): Prussian prime minister; consolidated German states into empire; first chancellor of German Empire, 25 – 6, 184 – 7, 190 – 202, 204, 207, 225, 280, 567 – 70, 573, 580, 608, 612, 676, 843, 890, 895
Black, Jeremy, 71 – 3, 101, 141, 173, 336, 835, 837, 839 – 40, 842, 844, 853, 889
Blair, Tony (1953– ): British politician; prime minister (1997– ); Labor Party leader (1994– ), 222, 287, 339, 667, 845
Bodin, Jean (1530 – 1596): French political philosopher, 6, 102, 334, 829, 837, 852, 890
Bogomil: South Slav Christians converted by force to Islam (1463), 417
Bohlen, Charles (1904 – 1974): U.S. diplomat, 57, 834
Bolingbroke, Viscount Henry St. John (1678 – 1751): British minister of state (1710 – 1714), 521 – 5, 539, 868
Bolshevik Revolution: 1917 – 1918 seizure of Russian government by communists, 19, 24, 27, 31
Bonaparte, Napoleon, see Napoleon I
Bosnia, 7, 37, 161, 252, 269, 271 – 2, 283, 288, 297 – 8, 311, 313, 316, 325, 365, 411, 413, 415 – 18, 420 – 50, 452 – 66, 468
Bossuet, Jacques-Benigne (1627 – 1704): French bishop and author, 117, 121
Boutros-Ghali, Boutros (1922– ): Egyptian diplomat; U.N. secretary-general (1992 – 1996), 451, 459, 462
Bracken, Paul, 16, 315
Branch Davidian case, 237
Bretton Woods (1944): international conference that established currency fixed exchange rates in the wake of World War II, 220 – 1, 316
Brezhnev Doctrine (1968): asserted Soviet right to intervene in the domestic politics of Eastern European countries in order to prop up communist governments, 166
Brodie, Bernard (1910 – 1978): U.S. intellectual, author of The Absolute Weapon (1946), 12 – 14, 80
Brzezinski, Zbigniew Kazimierz (1928– ): U.S. National Security Advisor (1977 – 1981), 257 – 8, 847, 890
Buchanan, Patrick, 247, 846
Bull, Hedley: Oxford professor of international relations, 246, 357, 513 – 4, 846, 853, 864, 867, 890, 900
Burke, Edmund (1729 – 1797): British politician; political philosopher, 177, 334, 503, 852
Bush, George H. W. (1924- ): U.S. president (1989 – 1993), 10, 243, 248, 280, 428, 431, 612, 626 – 32, 634, 716, 862, 877, 901
/> Bush, George W. (1946– ): U.S. president (2001– ), 222, 253, 276, 278, 288, 340, 667, 814, 845, 858, 859
Cable News Network (CNN), 304, 428, 430, 442, 697, 782, 862
Campbell, Susan, 439
caracole: Spanish cavalry tactic, 99
Carrington, Lord (1919– ): British diplomat and politician; British foreign secretary (1979 – 1982); NATO secretary-general (1984 – 1988), 421, 423, 445, 464
Carter Doctrine (1980): U.S. security guarantee to Persian Gulf oil producing states, 262
Carter, Ashton, 310, 830, 849 – 51, 890
Castlereagh, Robert Stewart, 2nd Viscount (1769 – 1822): English diplomat and politician; represented Britain at Congress of Vienna (1814 – 1815), 160 – 73, 179, 184, 200, 385, 544 – 5, 548 – 9, 551, 553 – 6, 559 – 62, 575, 612, 676, 841 – 2, 869, 889, 894, 900
Catalonia: region of Spain, including Barcelona, 120, 470, 750
Cavour, Camillo Benso, Conte di (1810 – 1861): Italian politician of Risorgimento movement; prime minister of Sardinia (1852 – 1859, 1860 – 1861); first Italian prime minister (1861), 182 – 3, 676
central deterrence: relationship between powers that protects a national homeland by targeting an adversary's homeland, 14, 328, 620
Chace, James, 256, 847, 891
Charles V (1500 – 1558): Habsburg ruler; king of Spain 1516 – 1556 as Charles I; Holy Roman Emperor (1519 – 1556), 103 – 6, 109, 126, 128 – 9, 155, 279, 487, 489, 491, 494
Charles VIII (1470 – 1498): king of France (1483 – 1498), 80, 96 – 7, 107, 346,486
Charter of Paris (1990): great power treaty recognizing free elections and democracy as the criteria for statehood and state responsibility for preserving human rights, 61, 449, 620, 635 – 8, 676, 877
Charter of the United Nations (1945), 449, 635, 893
Chaumont, Treaty of (1814): restored the Bourbons in France to pre-war borders and perpetuated the defensive alliance between Britain, Austria, Russia, and Prussia, 160 – 1, 164, 166, 545, 556, 564
Chetniks: Serbian partisans in World War II, 417 – 8, 439
Chiang Kai-shek (1887 – 1975): Chinese general and politician; national president of China (1928 – 1929); president of Taiwan (1943 – 1949, 1950 – 1975), 51
China, 9, 40 – 2, 51 – 2, 58 – 60, 76, 146, 214, 218, 224, 260 – 1, 280, 290 – 3, 307, 309, 311 – 12, 320, 329, 357, 469 – 70,476, 480, 579, 606, 610, 627, 670, 677, 683 – 4, 686 – 9, 693, 704, 723 – 7, 730, 732 – 3, 736 – 9,745, 747 – 8, 756, 758 – 60,766, 773, 779 – 81, 788, 825, 882
Christina (1626 – 1689): queen of Sweden during Peace of Westphalia, 503, 866
Christopher, Warren Minor (1925– ): U.S. lawyer and diplomat; secretary of state (1993 – 1997), 423 – 4, 444, 455, 457, 460, 464
Churchill, Winston Spencer (1874 – 1965): British politician and author; prime minister (1940 – 1945, 1951 – 1955); British defense secretary (1940 – 1945, 1951 – 1952), 33, 43, 46, 52, 128, 199, 217, 685, 695, 833, 843, 882, 891, 897
civil war, 6, 19, 22, 24, 29 – 31, 39 – 40, 51, 59, 89, 106 – 8, 122, 177, 188, 196, 203, 205, 216, 271, 290 – 1, 335, 359, 368 – 9, 375, 380, 406, 424, 431 – 4, 438, 449, 466
Civitas Maxima: Wolff's “Great State,” composed of what the individual state ought to and would agree to, as well as what states have actually agreed to either by custom or treaty, 530, 534 – 5
Clark, Champ (1850 – 1921): U.S. politician, Speaker of the House (1911 – 1919), 372 – 3
Clausewitz, Karl von (1780 – 1831): German army officer and strategist; wrote On War (1833), 7, 53, 62 – 3, 140, 151, 185, 224, 355, 538 – 9, 835, 853, 869, 891
Clemenceau, Georges (1841 – 1929): French politician; prime minister (1906 – 1909, 1917 – 1920); war minister (1917 – 1920), 216 – 17, 391, 400, 402, 406 – 7, 409, 576 – 7, 608, 844, 872, 891
Clinton, William Jefferson (1946– ): U.S. president (1993 – 2001), 10, 64, 249, 265, 268–99, 271 – 2, 278, 280, 288, 296 – 8, 306, 316 – 17, 329, 339 – 340, 416, 423 – 6, 453 – 5, 458, 631, 667, 686, 716, 784, 845, 848, 851, 853, 855, 858, 859, 862, 886, 901
CNN effect, 428, 697
coalitions of the willing, 268, 310
Cohen, Eliot, 305, 307, 849 – 50, 852
Colbert, Jean Baptiste (1619 – 1683): French statesman; made important treasury reforms, established French navy, 121, 123 – 4
Cold War, 9, 13, 15, 19, 24, 43 – 4, 46, 48 – 52, 62 – 3, 110, 161, 215, 249, 251, 253, 262, 268, 270 – 1, 275 – 7, 292 – 3, 298, 307, 310, 321, 328 – 9, 335, 420, 475, 626, 629, 640, 649, 655, 662, 681, 683, 698, 701 – 2, 717, 733, 761,778, 786
collective goods: things of benefit to a society as a whole; to the society of states, such things as mutual security, public health, stable environmental and economic relations, 283, 293, 305, 309 – 10, 328, 337, 814, 821
collective security: a system wherein a state pledges its national forces to defend the peace of an international (though not usually a universal) order, 155, 161, 163, 168 – 9, 172, 183, 200, 233, 253 – 4, 257 – 8, 260, 262, 265, 271, 279, 286 – 7, 360, 383, 475, 477, 504, 517, 523, 525, 540, 546, 551
communism, 9, 24, 27, 29, 31, 37, 39, 42 – 3, 56 – 9, 215, 244, 260, 332, 379, 384, 446, 571, 607 – 8, 610 – 12, 614, 622 – 3, 626, 630, 655, 673, 675, 678, 698, 702, 781, 875 – 6
compellance, 11, 13 – 14
Comprehensive Test Ban Treaty (1996): international treaty banning underground and atmospheric testing of nuclear weapons; signed by President Clinton, but never ratified by U.S. Senate, 312
Concert of Great Powers, 164, 166
condottiere (pl. condottieri): leader of a mercenary force, 82 – 3, 86, 148, 190 – 1, 836
Conference on Security and Cooperation in Europe (CSCE), 61, 431, 446, 455, 621, 635, 877
Congress of Vienna: reorganized Europe after the Napoleonic Wars, 24, 161, 164, 170, 172, 175 – 6, 334, 344, 360
conscription (the drafting of soldiers), 42, 100, 112, 114, 134, 151, 157, 175, 177, 182, 185, 242, 304, 307, 347, 538, 545, 569, 670, 825
constitutional order: historic categorization of the state; determined by its unique basis for legitimacy, 10, 16, 17, 23 – 4, 34, 41, 44, 61, 67, 73, 83, 103, 107, 115, 132, 136 – 7, 145, 153, 176, 178, 186, 197, 206 – 7, 209, 211, 213 – 4, 228 – 9, 233 – 5, 240 – 2, 278, 288, 301, 304 – 5, 321, 324, 331 – 2, 334 – 5, 339 – 41, 344, 346 – 7, 358, 362 – 5, 385, 387, 400, 448, 470, 479, 481 – 3, 502, 523, 541, 564, 568, 594, 609, 613, 633, 638, 640, 657, 660, 715, 721, 777, 778 – 9, 784, 796, 804, 811, 813 – 5, 826, 852, 854, 866, 873
Contact Group: concert of great powers convened to settle Bosnia-Serbia dispute, 424 – 5, 455, 465
containment: U.S. doctrine for defeating communism in the Cold War, 48, 56 – 9, 64, 244, 275 – 7, 281, 293, 310, 628, 653 – 4, 698, 802
Cooper, Jeffrey, 295, 303, 849 – 50, 891
Corfu Declaration (1917), 452
Council of Blood, special Spanish tribunal in the Low Countries during Thirty Years' War, 495
Covenant of the League of Nations (1919): the League of Nations charter; unrati-fied by U.S. Senate, 400, 408, 471
covert action: those actions by a state that are intended to influence the politics and policies of a target state without the hand of the acting state being disclosed, 235, 318, 321 – 4, 903
Creveld, Martin van, 17, 237, 685, 815, 830, 844, 882, 888
critical infrastructures: those infrastructures supporting and connecting telecommunications, energy, banking and finance, transportation, government service without which contemporary developed states would be unsustainable, 11, 296, 690, 725 – 6, 778, 782, 787, 792 – 4, 813, 903, 905
Cuba, 9, 55 – 6, 299, 320, 882
Cuban Missile Crisis (1962): nuclear confrontation between U.S. and Soviet Union precipitated by presence of Soviet nuclear missiles in Cuba, 51, 55, 57
cuius regio eius religio: ruler's religious preference binds his subjects (doctrine of treaties of
Augsburg and Westphalia), 105, 120, 279, 487 – 8, 506, 866
Cyprus, 447
D‘Annunzio, Gabriele (1863 – 1938): Italian poet and revolutionary, 37
Darley, John, 413 – 5, 427, 444, 452, 454 – 5, 458, 460,466
de Gaulle, Charles Andre Joseph Marie (1890 – 1970): French general and politician; led Free French in World War II; French provisional president (1945 – 1946); prime minister (1958 – 1959); president (1959 – 1969), 251, 630, 730, 871
Desert Storm: U.S. war plan in Gulf War (1991), 249, 295, 793
deterrence: a strategy, often pertaining to nuclear weapons, intended to dissuade an opponent from certain actions through threats, 11 – 5, 48 – 9, 52, 235, 244, 310, 328 – 9, 400, 620, 680 – 3, 686, 689 – 91, 713, 726, 759, 788, 812 – 4, 820 – 1
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