Articles

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.

‘Third countries’ are frequently exploited by those involved in networks to transfer proliferation-sensitive technologies, allowing procurement agents to obscure the end user or vendor located in the proliferating state, and to deceive industry, export licensing officials, and intelligence services. While ‘third countries’ frequently feature in illicit transactions, the academic literature exploring the roles played by entities in these jurisdictions is limited. Building on the sanctions busting literature, this article proposes a loose typology considering the ways in which third countries can be exploited by proliferation networks. The typology is illustrated using three cases involving entities based in Malaysia – A. Q. Khan’s nuclear black market network, and Iran and North Korea’s efforts to procure and market WMD-related and military goods. These cases are used to generate insights into proliferators’ selection of ‘third country’ hubs. The article argues that while exploitation of third countries by proliferation networks is a similar, but distinct phenomenon to trade-based sanctions busting, hubs of both activities share characteristics. Furthermore, the article argues that other factors beyond the lax regulatory environment, such as level of development, and personal connections, are often as important in driving the decisions of proliferation networks. The article concludes with implications for nonproliferation policy.

In the United States and Europe, many believe that the best way to prevent Russia’s resumption of its historic imperial mission is to assure the independence of Ukraine. They insist that the West must do whatever is required to stop the Kremlin from establishing direct or indirect control over that country. Otherwise, they foresee Russia reassembling the former Soviet empire and threatening all of Europe. Conversely, in Russia, many claim that while Russia is willing to recognize Ukraine’s sovereignty and territorial integrity (with the exception of Crimea), Moscow will demand no less than any other great power would on its border. Security on its western frontier requires a special relationship with Ukraine and a degree of deference expected in major powers’ spheres of influence. More specifically, Russia’s establishment sentiment holds that the country can never be secure if Ukraine joins NATO or becomes a part of a hostile Euro-Atlantic community. From their perspective, this makes Ukraine’s nonadversarial status a nonnegotiable demand for any Russia powerful enough to defend its national-security interests.

Policymakers have long focused on preventing nuclear weapons proliferation by controlling technology. Even developing countries, however, may now possess the technical ability to create nuclear weapons. The history of gas centrifuge development in twenty countries supports this perspective. To reduce the demand for nuclear weapons, policymakers will have look toward the cultural, normative, and political organization of the world.

After worldwide calls to action in the wake of the tsunami that devastated Fukushima Daiichi in March 2011, nuclear power plants have been shoring up their defenses for more than a year. Much has already been accomplished; many projects are only months away from realization. The end of 2013 marks the deadline for many countries’ medium-term actions. This article provides a country-by-country report which aims to give an overview of actions taken in most countries operating nuclear power plants.

The upcoming transition in North Korea’s leadership will not inevitably bring about a collapse of government, but the potential consequences of such an event necessitate advance and combined planning. It is imperative that China, South Korea, and the United States develop a coordinated response, as each of these countries could take destabilizing action to protect their individual interests. A relatively benign collapse could require 260,000 to 400,000 troops to gain control of North Korea’s nuclear weapons, prevent humanitarian disaster, manage regional refugees, and ensure stable U.S.-Chinese relations. Civil war or war on the peninsula would only increase these requirements.