- DETERRENCE: Extraterritorial jurisdiction over dual use nuclear commodity smuggling and international law
- ENERGY SECURITY: Interview: A power company president ties his future to green energy
- GOVERNANCE AND CIVIL SOCIETY: Japan torn over entry to trade bloc
- DPRK: Not bad options for the six party talks
- CLIMATE CHANGE ADAPTATION: Climate change: Adaptation for Queensland – issues paper
- AUSTRAL SECURITY: Uranium miners eager for Indian market
Archives
Extraterritorial Jurisdiction over Dual Use Nuclear Commodity Smuggling and International Law
Anthony J. Colangelo, Assistant Professor of Law, SMU Dedman School of Law, states that in light of United Nations Security Council Resolution 1540, the main legal obstacles to establishing extraterritorial and, ultimately, “universal” jurisdiction over dual use nuclear commodities smuggling boil down to a problem of legality. Colangelo shows that the concept of geographic legality offers a useful lens through which to examine the potential for extraterritorial jurisdiction over smuggling of dual use nuclear items. This report frames the major legal obstacles to establishing such jurisdiction, and, as a result, also reveals mechanisms for surmounting or breaking down those obstacles. Specifically, it clarifies the roles of national law, positive international law (treaties), and customary international law, along with key sovereignty and individual rights components, to establishing expansive and ultimately universal jurisdiction over dual use nuclear commodities smuggling anywhere in the world.
NAPSNet 10 November 2011
- DETERRENCE:Nuclear materials and commodities smuggling
- DPRK:North Korea’s digital transformation: implications for North Korea policy
- ENERGY SECURITY:University develops nanodisk formation technology for highly efficient quantum-dot solar cells
- GOVERNANCE AND CIVIL SOCIETY:KORUS FTA battle approaches railroad or referendum
- CLIMATE CHANGE ADAPTATION:Climate change, disaster risk, and the urban poor
- AUSTRAL SECURITY:Diggers want to catch rogue soldier alive
Nuclear Materials and Commodities Smuggling, and International Criminal Law
Daniel H. Joyner, Professor of Law, University of Alabama School of Law, argues that nuclear materials and commodities smuggling is currently established in customary international law (CIL) as an international crime, but that that crime is limited in its effectiveness by its imprecise definition and its lack of an accompanying right of universal jurisdiction over the offense. He states that “a multilateral treaty further recognizing this crime and clarifying its criteria and scope and the universality of state jurisdiction over it, would be useful in addressing the limitations of a CIL-based crime, and would create a treaty-CIL mutually reinforcing relationship of a type seen in other substantive areas of international law”.
Policy Forum 11-39: Not Bad Options for the Six Party Talks
Roger Cavazos, a Nautilus Institute Associate, provides a brief overview North Korean diplomatic activities during the past few months. He concludes that the DPRK’s recent moves to establish international rail and educational links and sudden changes in the positions of some key Six Party Talk leaders holds promise of changes in the DPRK. “The DPRK seems substantively different and might be ready to take some steps on its own. The DPRK will continue to have a high degree of centralized control, but there are strong, likely irreversible trends to decentralize some of that power. If no one reaches back towards those who are reaching out (e.g [the DPRK] in education) or those who are taking a risk by welcoming in limited outside forces (e.g. [the DPRK] re-establishing train lines) we will likely lose many opportunities for a long time.”
Policy Forum 11-38: North Korea’s Digital Transformation: Implications for North Korea Policy
Peter Hayes, Professor, RMIT University and Nautilus Institute Executive Director, Scott Bruce, Nautilus Institute Director, and Dyana Mardon, Nautilus Institute Program Officer, review the implications of the introduction and deepening of information technology in North Korea in light of the unique social structure and state controls over information flow and individual behavior found in the DPRK.
This essay reviews the implications of the introduction and deepening of information technology in North Korea in light of the unique social structure and state controls over information flow and individual behavior found in the DPRK. It expands upon and extrapolates from the NAPSNet Special Report “North Korea on the Cusp of Digital Transformation” by Alexander Mansourov published November 1, 2011.
NAPSNet 3 November 2011
- DETERRENCE: Legal cooperation to control non-state nuclear proliferation: extra-territorial jurisdiction and UN resolutions 1540 and 1373
- ENERGY SECURITY: Big risks, better alternatives an examination of two nuclear energy projects in the U.S.
- CLIMATE CHANGE ADAPTATION: Public risk perceptions, understandings, and responses to climate change in Australia and Great Britain
- GOVERNANCE AND CIVIL SOCIETY: Younger vote reflects quest for change
- DPRK: North Korea on the cusp of digital transformation
- AUSTRAL SECURITY: South China Sea Conflict? No Way
Legal Cooperation to Control Non-State Nuclear Proliferation: Extra-Territorial Jurisdiction and UN Resolutions 1540 and 1373 – Workshop Summary Report
This is the Summary Report from the Nautilus Institute workshop “Cooperation to Control Non-State Nuclear Proliferation: Extra-Territorial Jurisdiction and UN Resolutions 1540 and 1373” held on April 4th and 5th in Washington DC with the Stanley Foundation and the Carnegie Endowment for International Peace. This workshop explored the theoretical options and practical pathways to extend states’ control over non-state actor nuclear proliferation through the use of extra-territorial jurisdiction and international legal cooperation.
Other papers and presentations from the workshop are available here.
North Korea on the Cusp of Digital Transformation
In this report Alexandre Y. Mansourov, a Nautilus Institute Senior Associate, comprehensively examines information technology in North Korea. He states that “[t]he DPRK mobile communications industry has crossed the Rubicon, and the North Korean government can no longer roll it back without paying a severe political price. The most the authorities can do now is probably to manage its rapid expansion in such a way that will ensure that the interests of the political regime and state security are taken care of first…While traditionally, the State Security Department monitored most communications on a daily basis, the implication of this explosion of mobile phone use is that communication in North Korea has transitioned from a panopticon of total control to a voluntary compliance system where the government makes an example of a select group to try and force the rest of the country to stay in line.”
NAPSNet 27 October 2011
- DETERRENCE: Obstacles to denuclearization: Inconsistent U.S. responses to nuclear weapons free zone treaties
- DPRK: South Korean government planning to resume construction of factories and relax sanctions for Kaesong Industrial Complex
- AUSTRAL SECURITY: Police send extra troops to Papua
- CLIMATE CHANGE ADAPTATION: Scientific American series on extreme weather, climate change, and the risks: A three-part series
- GOVERNANCE AND CIVIL SOCIETY: Delegates to North-South Korea relations summit calls for adherence to past nuclear agreements
- ENERGY SECURITY: Nuclear components and construction: China eyes developed markets for export opportunities