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| Borders |
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| The table below provides links to materials which are relevant and applicable across all of the courseware in this program. For ease of access, this table is reproduced on every page of each lesson. |
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Introduction
When we typically think of borders we visualize well defined and demarcated boundaries with crossing gates. A more robust concept of borders recognizes that they are complex entities and that the soverignty of a nation often extends beyond its physical borders in interesting ways. Some of the issues in a larger border concept include:
- Embassies and consulates
- Protectorates (e.g. Puerto Rico, Samoa, etc.)
- Flagged vessels (e.g. ships, aircraft, etc.)
- Trade zones
- Treaty areas (Korea)
- Leased areas (Guantanamo, Panama Canal Zone, Hong Kong)
- Unincorporated areas (Poles, Space)
- Tourists, business travelers
- Immigration
- Ethnic, religious other areas
This lesson explores physical borders. Follow-on lessons will examine border issues as well as issues related to the reasons for the respect or non respect for borders such as:
- Humanitarian reasons (Balkans)
- Disasters (Haiti, Fukushima)
- Law enforcement (Pakistan, Bin Laden)
- Declaration (UN)
Some conditions or other factors can strengthen or weaken the "border concept." These include:
- Sanctions - Economic and other
- Communications - Particularly the Internet
- Public Health - Quarrantines, travel restrictions
- Transportation - Air, rail, canals, etc.
- Conflict
- Crime
Diplomatic Sovereignty is addressed by the 1961 Vienna Convention on Diplomatic Relations. Some of the areas covered include:
- Immunity
- Right of Free Passage
- Inspection
- Reciprocity
- Special International Organizations -
WHO, ISO, UN, Red Cross, etc.
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World Borders
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High Seas
Jurisdiction on the high seas is governed by Admiralty Law. Admiralty Law is an agreement regarding use and behavior when in International waters. Admiralty Law covers:
- Coastal Buffer
- Fishing
- Mining
- Crime
- Shipwreck
- Protection
- Lanes
- Ports
As the recent spate of pirate incidents indicate adherencee to Admiralty Law is not followed by some countries.
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Polar Regions
The Polar Regions have be reserved as international zones for use by all countries. The Antarctic Treaty focuses on conservation and open access. See www.antarctica.gov.au/antarctic-law-and-treaty and www.state.gov/g/oes/rls/rpts/ant/
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Space
Outer Space is an interesting border topic. It has interesting military, commerce, communications, intelligence and other value. However few countries have the technology or can practically afford to go there.
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| Definition: |
Space: The region beyond Earth's atmosphere.
Source: NASA www.nasa.gov
the lowest altitude at which an object can orbit.
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There have been many efforts to define rights, responsibilities, access and other aspects of the exploration of outer space. Some examples include:
- The 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (the "Outer Space Treaty").
- The 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (the "Rescue Agreement").
- The 1972 Convention on International Liability for Damage Caused by Space Objects (the "Liability Convention").
- The 1975 Convention on Registration of Objects Launched into Outer Space (the "Registration Convention").
- The 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the "Moon Treaty").
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Cybersecurity
Our cyberborders appear to be the fuzziest and most controversial. Cyber policy is in its infancy. The most recent codification of the Cyber Rules of Engagement has provided some clarification.
Cyber Rules of Engagement
- Specific Criminalization of Damaging Critical Infrastructure Computers
- Clarifying the Scope and Penalties for Offenses under the Computer Fraud and Abuse Act
- Data Breach Notification
- Department of Homeland Security Cybersecurity Authority
- Enhancement of National Cybersecurity and Cyber Incident Response
To enforce these rules, the National Cybersecurity Protection Program has been established.
National Cybersecurity Protection Program
- Limitation on Liability and Good Faith Defense for Cybersecurity Activities
- Federal Preemption, Exclusivity, And Law Enforcement Activities
- Privacy and Civil Liberties; Oversight; Penalties for Misuse
- Required Security Action
Under the Cyber policy the Cybersecurity Regulatory Framework for Covered Critical Infrastructure Act was passed to provide mechanisms for managing cyber policy and rules.
Cybersecurity Regulatory Framework for Covered Critical Infrastructure Act
- Coordination of Federal Information Security Policy
- Management of Information Technology
- Personnel Authorities Related to Cybersecurity Positions
- Preventing Restrictions on Data Center Locations
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Physical Borders
The material and examples in this lesson focus on the United States, however most of the observations that we will make during this lesson will be applicable to any nation and its borders.
In the United States, the federal agency that is responsible for securing our borders id the Deaprtment of Homeland Security (DHS).
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| Definition: |
Department of Homeland Security, Mission: “We will lead the unified national effort to secure America. We will prevent and deter terrorist attacks and protect against and respond to threats and hazards to the nation. We will ensure safe and secure borders, welcome lawful immigrants and visitors, and promote the free-flow of commerce.”
Source: DHS, Strategic Plan, 2004. |
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| Within DHS, the units specifically responsible for securing borders are Customs and Border Protection (CBP) and the U.S. Coast Guard (USCG). |
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| Definition: |
U.S. Customs and Border Protection: the unit of the U.S. Department of Homeland Security that secures the homeland by preventing the illegal entry of people and goods while facilitating legitimate travel and trade.
Source: www.cbp.gov
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| Definition: |
U.S. Coast Guard (USCG): “The US Coast Guard (USCG) is a Military Service within the DHS dedicated to protecting the safety and security of the United States. As such, it operates globally; on the high seas and in US territorial waters, and has certain federal law enforcement authorities ashore. It is a federal LEA and an Armed Force of the United States whose Service secretary is the Secretary of DHS. It is the lead agency for maritime drug interdiction and the co-lead agency for air drug interdiction operations, along with US Customs and Border Protection. The USCG defends the United States’ seaward frontier against illegal drugs and illegal immigrants. The USCG is also the lead agency for maritime search and rescue. The USCG is the lead agency for coordinating all maritime security planning and operations in the ports and inland waterways, including all efforts to prevent attacks and to mitigate the consequences of an attack should one occur. The USCG’s counterterrorism teams are ready to intercept terrorists before they ever reach the homeland. In time of war, the USCG could be transferred to the Department of the Navy for operations. In its maritime law enforcement role, USCG has jurisdiction in both US waters and on the high seas. In this capacity, the USCG may make inquiries, examinations, inspections, searches, seizures, and arrests upon the high seas and waters over which the US has jurisdiction, for prevention, detection, and suppression of violations of laws of the US. It is unique among the Services in that it has statutory law enforcement authority.”
Source: JCS/DoD, Civil Support, 2007, pp. II-16-17.
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| Exercise: |
Select a country other than the United States. Analyze the border issues for this country in parallel with the analyses done in this lesson. How is this country similar to the U.S.? |
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| Copyright © 2011 - 2024 Ken Sochats |
