Nuclear Issues

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.

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. 

Nuclear safety governance should move towards a more robust regime including elements of international monitoring and verification. This is needed because nuclear energy production is likely to grow and new reactors will have different global dispersal, veering towards less experienced countries. In addition, there is growing interest in international and multilateral collaboration on disposal of mounting nuclear waste.

"The P5+1 should set aside the effort to craft an all-at-once comprehensive bargain and instead adopt a strategy of negotiating incremental agreements. An incremental approach has a number of advantages. The negotiators could focus on one sticking point at a time, without having to coordinate agreement on all of them at once. Negotiators could defer currently intractable issues, like enrichment capacity, until greater trust is built or new opportunities arise. Most importantly, the compromises already achieved under the JPA could be maintained and consolidated, independently of the ups and downs of ongoing negotiations."

Weapons of mass destruction (WMDs) are not suitable for the Iranian Army, given its non-mechanized nature; its defensive military posture; its current status as a non-nuclear weapon state; and its sufficient conventional preparation to meet its protective security interests. This paper proposes three interlinked policy approaches to resolve the current impasse.

"Our crystal ball is not clear enough to predict with confidence whether the global nuclear future will be characterized by peace and prosperity or by conflict and destruction. But we do believe that the choices made in the coming few years will be crucial in determining whether the world can have more nuclear power without more nuclear weapons dangers in the future."

"Keeping nuclear weapons and the difficult-to-manufacture materials needed to make them out of terrorist hands is critical to U.S. and world security — and to the future of nuclear energy as well. In the aftermath of a terrorist nuclear attack, there would be no chance of convincing governments, utilities, and publics to build nuclear reactors on the scale required for nuclear energy to make any significant contribution to coping with climate change."

Will the growth of nuclear power lead to increased risks of nuclear weapons proliferation and nuclear terrorism? Will the nonproliferation regime be adequate to ensure safety and security in a world more widely and heavily invested in nuclear power? The authors in this two-volume (Fall 2009 and Winter 2010) special issue of Dædalus have one simple and clear answer to these questions: It depends.

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."

"No country has yet encountered major problems in its nuclear fuel supply specifically because of commercial disruptions. However, past political constraints on supply may be part of the motivation for countries like Iran to seek enrichment capability. Thus far it is unclear what other countries might be on the fence about acquiring a full fuel cycle and could be swayed not to enrich if an effective assurance mechanism could address the simply political risk. It is important for IAEA to identify these countries and the assurances they would need so that the best supply assurance mechanism can be crafted. Anticipating nuclear needs—not just for enriched uranium but also for fabricated fuel, transport, spare parts, etc.—and deciding whether and how government should help satisfy such needs is the best way to ensure that the industry develops in ways that serve the public's interests."