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. 

John S. Park, Stanton Nuclear Security Junior Faculty Fellow at the Massachusetts Institute of Technology and Project on Managing the Atom Associate, argues that cooperation between North Korea and Iran has been a critical—yet underexamined—enabler of North Korea's recent success. He concludes that the time has come for the United States to view the two previously independent missile programs as two sides of the same coin and recommends strategies for disrupting the procurement channels between Iran and North Korea.

Australia and other countries should redouble their efforts to fix serious gaps in an international arrangement to stop maritime shipments of materials destined for weapons of mass destruction programs, according to the Brief. It argues that heightened concerns over North Korea provide an opportunity to bolster the Proliferation Security Initiative, a 95-country arrangement to promote interception of transfers of cargoes related to weapons of mass destruction.

Matthew Fuhrmann's article "Spreading Temptation: Proliferation and Peaceful Nuclear Cooperation Agreements," was published by in the Summer 2009 issue of International Security. In his article, Dr. Fuhrmann argues "Peaceful nuclear cooperation—the transfer of nuclear technology, materials, or know-how from one state to another for peaceful purposes—leads to the spread of nuclear weapons. With a renaissance in nuclear power on the horizon, major suppliers, including the United States, should reconsider their willingness to assist other countries in developing peaceful nuclear programs."

Hui Zhang re-examines the North Korean explosion on October 9, 2006. His research suggests that the test was likely not a failure if Pyongyang had planned for a yield of 4 kt, as it told Beijing prior to the event.

"...[T]here are plenty of laws that require or authorize sanctions against governments that knowingly provide direct support to proliferators. But these laws offer little protection against those governments that—through neglect, corruption, or incompetence—fail to keep the materials and technology needed to make nuclear, biological, and chemical weapons from slipping out of their control and across their borders."

Despite extensive diplomatic efforts to facilitate the six-party talks, domestic policy constraints, differing priorities, and conflicting historical analogies among each of the countries have brought vastly differing perspectives to the multilateral negotiating table.