Articles

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.

"Although the cancellation of the planned deployment of the SM-3 IIB interceptors has removed the possibility that interceptors deployed under the phased adaptive approach would pose a threat to Russian missiles, it has not diminished the missile defense system's primary mission of intercepting an array of current and potential future Iranian missiles. The restructured missile defense system would still theoretically be able to handle these Iranian missile threats, even if one factors in a comfortable amount of time for detecting and tracking them."

President Rouhani's initiative to restart nuclear negotiations has been met with deep skepticism in Israel. Haifa University political scientist Ehud Eiran and MTA Executive Director Martin Malin suggest in the current issue of The Washington Quarterly that Israel's framing of, and response to, the Iranian nuclear program is a product of four distinct fears: existential threat, strategic risk, socio-economic erosion, and a challenge to founding principles. Understanding the sources and consequences of these fears can help policy makers avoid dangerous pitfalls and missed opportunities in their response to the current Iranian initiative.

In the Doomsday Clock issue of the Bulletin, the author takes a look at five events that unfolded in 2011 and that seem certain to cast a powerful shadow in months and years to come. No new breakthroughs occurred, the author writes, adding that 2012 could be a much more difficult year.

"The United States' determination on minimizing Iran's regional role has led in actuality to the adoption and pursuit of an oppositional posture and role on the part of Iran. This dichotomous situation and role-playing has important implications for foreign policymakers in Tehran and Washington. If the United States continues to ignore Iran's increased role in the region, Washington risks disrupting the natural power equations, potentially exacerbating the conflict. If, however, the United States can accept Iran's role in the region's new security architecture, especially in the Persian Gulf area, and change its policy of castigating Iran as the main source of threat for the region, Washington and Tehran can ultimately reach a practical rapprochement and find an accommodation that will advance the interests of both states in the region."

"...[W]hile the traditional form of balance of power between Iran and Iraq provided security for the Arab states of the Persian Gulf, it favored the interests of foreign actors, especially the United States. Proponents of such a view hold that following the overthrow of the Baathist regime in Iraq and the growth of Iran's role and influence in the region, the international community ought to establish a new kind of balance of power to restrain the Islamic Republic of Iran, and thereby preserve the security of the region. Following its failure to redefine the position of the new Iraq in terms of a new balance of power, the United States has itself tried to play such a role in the region. U.S. efforts to minimize Iran's role within the context of the new balance of power have consequently created another security dilemma in the Persian Gulf."

"An ambitious reinvigoration of the grand bargain that was struck 40 years ago in the NPT is needed to usher in a new era of cooperation on preventing proliferation. The renewed grand bargain will need to combine steps that can be taken immediately alongside a vision for the longer term. It will also need to draw in states that are not parties to the NPT. Rather than rushing toward confrontation, with all its risks, all sides must put historic antipathies aside and find face-saving solutions. To give the Iranian advocates of compromise a chance to succeed, the United States and the other major powers need to put offers on the table that will show the people of Iran that nuclear restraint and compliance will put their nation on a path toward peace and prosperity."

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.