Articles

120 Items

U.S. Treasury Department building

Carol M. Highsmith Archive, Library of Congress, Prints and Photographs Division

Journal Article - American Journal of International Law Unbound

Due Process Is in the Details: U.S. Targeted Economic Sanctions and International Human Rights Law

| 2019

The United States has employed targeted sanctions—economic and travel restrictions imposed directly on natural and legal persons—in a wide range of policy areas in the past two decades.  A substantial literature has considered the compatibility with international human rights law of the targeted sanctions practices of other actors, particularly the UN Security Council and the European Union. But relatively few scholars have examined U.S. targeted sanctions practices from that perspective. This essay argues that in principle, current U.S. designation practices can be reconciled with international standards. 

Visitors walk across the Yalu River Broken Bridge, right, next to the Friendship Bridge connecting China and North Korea in Dandong in northeastern China's Liaoning province.

(AP Photo/Emily Wang)

Journal Article - Quarterly Journal: International Security

Conflict and Chaos on the Korean Peninsula: Can China’s Military Help Secure North Korea’s Nuclear Weapons?

    Author:
  • Oriana Skylar Mastro
| Fall 2018

China’s military could play a vital role in securing or destroying Pyongyang’s nuclear weapons if the North Korean regime collapsed.

People at Seoul Train Station watch a a local news program reporting about a North Korean missile launch. Aug. 30, 2017 (Lee Jin-man/Associated Press).

Lee Jin-man/Associated Press

Journal Article - The RUSI Journal

North Korea’s Missile Programme and Supply-Side Controls: Lessons for Countering Illicit Procurement

| Oct. 17, 2018

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.

Blogtrepreneur/Flickr

Blogtrepreneur/Flickr

Journal Article - Nonproliferation Review

Solving the Jurisdictional Conundrum: How U.S. Enforcement Agencies Target Overseas Illicit Procurement Networks Using Civil Courts

| September 2018

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.