Nuclear Issues

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.

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.

If we had the technology to detect nuclear materials remotely it could help deter smuggling and make it easier to monitor international nuclear agreements. Several recent breakthroughs, if followed up with continued research and funding, could deliver on this promise. They include technological advances in x-ray and neutron radiography; a method that measures how plasma breaks down when exposed to a radioactive source; and developments in antineutrino detection. While all require more development and testing, they are important steps as the global need for ways to detect nuclear materials grows.

Since the 1979 revolution, Iran has sought to illicitly procure parts for the U.S. origin fighter aircraft sold to the country under the rule of the Shah. The U.S. has taken steps to quash this trade—these efforts have constituted a relatively large proportion of U.S. export control enforcement over the past near-to-four decades. 

"...[I]t's unclear who — if anyone — would buy North Korean nuclear technology. However, the nightmare scenario of North Korea selling it to the highest bidder merits consideration."

"One of the dramas playing out this month in New York at the 2015 Review Conference for parties to the Treaty on the Non-proliferation of Nuclear Weapons (NPT) concerns the future of discussions on establishing the weapons of mass destruction free zone in the Middle East..."