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The Uses and Limitations of Nuclear Deterrence in Asia

In this 1964 report Wolf explores US extended nuclear deterrence in China, Japan, and South Korea as well as the impact it could have in Asian countries then “under Communist threat”. Wolf uses two frameworks to assess the effectiveness of US conventional military and nuclear options in Asia: “broad-deterrence” and “narrow-deterrence” options. Wolf uses these two views to consider the provocation threshold, military and political pressures and alternative actions at play in each situation. Wolf writes, “In Asia, we are left with a wide range of current and potential undeterred conflicts.  Although nuclear deterrence is more operative and effective than is often believed, its limitations are manifest not only in the Vietnamese and Laos cases, but in the unambiguous Indonesian confrontation with Malaysia and in the case of various forms of possible Chinese aggression against India or Burma.  It is in this area of undeterred conflicts where our greatest need for improvements in programs and policies lie.”

This report was released to the Nautilus Institute under the US Freedom of Information Act (FOIA). See the Institute’s FOIA Global Disclosure Project page to read more chronologies, histories and reports released to Nautilus.

NAPSNet 1 December 2011

South Korea’s Plans for Tidal Power: When a “Green” Solution Creates More Problems

Yekang Ko, a Ph.D. candidate in Environmental Planning at UC Berkeley, and Derek K. Schubert, a Landscape Architect at John Northmore Roberts & Associates and President of SAVE International, respond to “Case Study of Green Economy Policies: Korea” by Sun-Jin Yun and Myungrae Cho (Nautilus Institute Special Report, September 13, 2011). Yun and Cho argue that the center of South Korea’s Green Growth clearly favors economic growth, national industrial competitiveness, and an energy portfolio emphasizing nuclear power, but puts little effort toward promoting energy democracy and justice for decentralized renewable energy systems and local communities. As a complementary study to Yun and Cho’s report, the authors introduce a fierce controversy between large-scale tidal power and the local efforts toward preserving wetlands and fisheries in Incheon, South Korea.

Policy Forum 11-40: The 2012 Nuclear Security Summit: Opportunities and Challenges

Duyeon Kim, Deputy Director of Non-Proliferation at the Center for Arms Control and Non-Proliferation, writes, “There are clear ways in which Seoul can capitalize on its strengths to flavor the 2012 [Nuclear Security Summit] with a “Korean twist” as it maintains depth on key substantive issues that ensure the security of nuclear materials, parts, and facilities…The challenge lies in clearly demonstrating that the benefits outweigh the costs, and that states would have a national interest in further investing their political capital in nuclear security.”

NAPSNet 22 November 2011

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.

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”.