Nuclear Issues

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.

The networks of middlemen and intermediaries involved in the illicit procurement of weapons of mass destruction (WMD)-related goods and technologies often operate outside of the United States, which presents several legal and political challenges regarding U.S. trade control enforcement activities. This report considers the extraterritorial efforts of U.S. law enforcement in counterproliferation-related activities and their implications. In other words, how does the United States contend with violations of its weapons of mass destruction (WMD)-related trade controls in overseas jurisdictions, and what are the implications for broader U.S. and international nonproliferation efforts, as well as wider international security and economic concerns? 

Since 2003, India has been building its nuclear arsenal beyond what is necessary for a purely retaliatory or minimum deterrence capability. India’s actions could lead to a regional arms race or even the use of nuclear weapons in a war with Pakistan.

A interview conducted by The Fletcher School Forum with Ambassador Nicholas Burns, Former Under Secretary of State for Political Affairs.

Nuclear security around the world has improved dramatically over the last three decades—which demonstrates that with focused leadership, major progress is possible. But important weaknesses remain, and the evolution of the threat remains unpredictable. The danger that terrorists could get and use a nuclear bomb, or sabotage a major nuclear facility, or spread dangerous radioactive material in a “dirty bomb,” remains too high. The United States and countries around the world need to join together and provide the leadership and resources needed to put global nuclear security on a sustained path of continuous improvement, in the never-ending search for excellence in performance.