Articles

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

All the world's nuclear-armed states (except for North Korea) have begun modernizing and upgrading their arsenals, leading many observers to predict that the world is entering a new nuclear arms race. While that outcome is not yet inevitable, it is likely, and if it happens, the new nuclear arms race will be different and more dangerous than the one we remember. More nuclear-armed countries in total, and three competing great powers rather than two, will make the competition more complex. Meanwhile, new non-nuclear weapon technologies — such as ballistic missile defense, anti-satellite weapons, and precision-strike missile technology — will make nuclear deterrence relationships that were once somewhat stable less so.

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.

With U.S.-North Korea tensions heightened after weeks of fiery and furious rhetoric from President Trump and Kim Jong-un—pushing the world closer to nuclear conflict than it has been in decades—it’s worth taking a breath to consider what forces have kept the world’s nuclear-armed states from irradiating and annihilating each other in a shower of bombs.

The 2016 nuclear security summit was a pivotal moment for the decades-long effort to secure nuclear material around the globe. More than 50 national leaders gathered in Washington for the last of four biennial meetings that have led to significant progress in strengthening measures to reduce the risk of nuclear theft.