Asia & the Pacific

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.

"...[I]t's unclear who — if anyone — would buy North Korean nuclear technology. However, the nightmare scenario of North Korea selling it to the highest bidder merits consideration."

"Ukraine's denuclearization had been a controversial issue even as it was negotiated, leaving bitter traces in the country's political and public discourse. As a student of political science in Kyiv in the mid-1990s, I remember being outraged by the sense of injustice: how could the states that rely on their own nuclear deterrents demand the nuclear disarmament of others? More so that one of these states, Russia, has never fully come to terms with Ukraine's independence. Since then, I came to research a doctoral dissertation on the denuclearization of post-Soviet successor states and, in the process, learned a great deal about Ukraine's nuclear disarmament that dispelled many of my preconceptions."

"The key to a solution to both — the quagmire that has unfolded in Syria and the threat posed by Islamic terrorism — is to deprive the terrorist groups of their main propaganda tools and to form a new Syrian government that excludes Assad (and his foreign Shiite allies) but includes representatives from all of the non-fundamentalist groups involved in the civil war."