Nuclear Issues

353 Items

Joseph Nye

Martha Stewart

Audio - Harvard Magazine

How Do Past Presidents Rank in Foreign Policy?

| Mar. 02, 2020

How do presidents incorporate morality into decisions involving the national interest? Moral considerations explain why Truman, who authorized the use of nuclear weapons in Japan during World War II, later refused General MacArthur's request to use them in China during the Korean War. What is contextual intelligence, and how does it explain why Bush 41 is ranked first in foreign policy, but Bush 43 is found wanting? Is it possible for a president to lie in the service of the public interest? In this episode, Professor Joseph S. Nye considers these questions as he explores the role of morality in presidential decision-making from FDR to Trump.

FBI agents leaving a raid.

AP Photo/Julio Cortez

Journal Article - Contemporary Security Policy

Going it Alone: The Causes and Consequences of U.S. Extraterritorial Counterproliferation Enforcement

| Mar. 25, 2019

In 2004, the United Nations Security Council adopted resolution 1540, which acknowledged the non-state acquisition of weapons of mass destruction as a security threat and called on member states to implement “appropriate effective” domestic trade controls. The United States, however, has both promoted the multilateral implementation of strategic trade controls but has also increasingly resorted to extraterritorial enforcement of its counterproliferation rules. How can a multilateral, norms-based international regime like 1540 contend with extraterritorial enforcement based on national interests? We argue that increased U.S. extraterritorial counterproliferation policies are a consequence of the inconsistent implementation of resolution 1540, adaptive and resilient proliferation networks, and a history of expanding legal interpretations of jurisdiction. We find that while U.S. extraterritorial enforcement can effectively disrupt networks hiding in overseas jurisdictions, doing so creates disincentives for states to implement 1540 obligations and undermines broader nonproliferation objectives.

Richard Visek, left, agent of the U.S.A. and members of the U.S. delegation waits for judges to enter the International Court of Justice

AP/Peter Dejong

Analysis & Opinions - Lawfare

Certain Iranian Assets: The International Court of Justice Splits the Difference Between the United States and Iran

| Feb. 14, 2019

In its Feb. 13 judgment, the International Court of Justice framed the Certain Iranian Assets (Iran v. United States) case as a simple case about treaty interpretation. It significantly narrowed what could have been a major case on the international law of state immunity, which would likely have resulted in a rebuke of U.S. practice with respect to the terrorism exception under the Foreign Sovereign Immunities Act.

People at Seoul Train Station watch a a local news program reporting about a North Korean missile launch. Aug. 30, 2017 (Lee Jin-man/Associated Press).

Lee Jin-man/Associated Press

Journal Article - The RUSI Journal

North Korea’s Missile Programme and Supply-Side Controls: Lessons for Countering Illicit Procurement

| Oct. 17, 2018

Despite one of the most extensive sanctions regimes in history, including an embargo on missile technologies, North Korea has taken huge steps forward in its ballistic missile programme. Daniel Salisbury explores the limitations of, and challenges of implementing, supply-side approaches to missile nonproliferation. Considering North Korea’s recent progress and efforts to evade sanctions, the article highlights the continuing need to strengthen efforts to counter illicit trade in missile-related technologies.

Blogtrepreneur/Flickr

Blogtrepreneur/Flickr

Journal Article - Nonproliferation Review

Solving the Jurisdictional Conundrum: How U.S. Enforcement Agencies Target Overseas Illicit Procurement Networks Using Civil Courts

| September 2018

Over the past two decades, the United States has increasingly turned to targeted sanctions and export restrictions, such as those imposed against Iran and North Korea, in order to curb the spread of weapons of mass destruction. One vexing problem, however, is how to contend with jurisdictional hurdles when the violations occur overseas, in countries that are unable or unwilling to assist US enforcement efforts. To solve this problem, US prosecutors are turning to strategies with significant extraterritorial implications—that is, exercising legal authority beyond national borders. One such tool is to use civil legal procedures to seize assets linked to sanctions or export-control violations in jurisdictions that lack cooperative arrangements with US enforcement agencies. While this may be an attractive strategy to bolster enforcement efforts against overseas illicit procurement, using such tools is not without consequence. This article explores the political, legal, and technical implications of enforcing extraterritorial controls against overseas non-state actors by exploring the recent uses of civil-asset forfeiture against Iranian and North Korean procurement networks.