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171. Weak Sanctions Breathe Life Into North Korean Defiance of International Community: FSR Interviews Joshua Stanton

Author:
Joshua Stanton
Publication Date:
07-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Joshua Stanton, an attorney in Washington, D.C., has advised the House Foreign Affairs Committee on North Korea-related legislation, including the North Korea Sanctions Enforcement Act, and blogs at OneFreeKorea. His article, "North Korea: The Myth of Maxed-Out Sanctions", a legal analysis of North Korean sanctions, refuted the idea that there is nothing left that the world community can do to bring them to the negotiating table. In this interview, he expands further on this idea addressing why people think that nothing more can be done and how the Iranian nuclear deal will affect relation with North Korea. The views expressed are solely his own.
Topic:
Security, Diplomacy, Sanctions, and Nuclear Power
Political Geography:
Iran, Asia, North Korea, North America, and United States of America

172. North Korea: The Myth of Maxed-Out Sanctions

Author:
Joshua Stanton
Publication Date:
01-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
On December 19, 2014, President Obama publicly blamed North Korea for the cyberattack against Sony Pictures and for the subsequent cyberterrorism against the American people, and promised to "respond proportionally." Almost immediately thereafter, one could hear a familiar narrative repeated, typified by New York Times correspondent David Sanger, who wrote that "North Korea is under so many sanctions already that adding more seems futile." One could have heard similar arguments in 2006, after North Korea's first nuclear test, and in 2013, after its third nuclear test. A variation of this argument is that “Washington … can do little ... without the cooperation of China.” ​ For years, journalists have quoted “experts” who insisted that U.S. sanctions options against North Korea were exhausted and had failed as an instrument of policy. As a matter of both fact and law, however, that is false; it even suggests that these experts have not read and understood the sanctions authorities. Why does this view persist, then? Some scholars may accept and propagate it because they oppose sanctions as a matter of policy. Others have simply ceased to question a myth that has entered the received wisdom. A true understanding of the potential effectiveness of sanctions first requires an understanding of what these sanctions are, what they are not, and how they work. This article will first summarize the sanctions authorities – U.N. Security Council resolutions, and the U.S. sanctions that should be an important part of the effective enforcement of the measures that the U.N. Security Council has adopted. It will also explain the role of the Treasury Department in regulating the international financial system, and the power this gives the United States to isolate the North Korean government from that system. It will explain which U.S. and U.N. sanctions against North Korea have succeeded and failed, and why. Finally, it will explain what current U.S. national sanctions do, and what they do not do. Only after one understands how little the current sanctions do – and how much they could do – can one begin to understand how to strengthen them into an effective part of a coherent foreign policy... ​
Topic:
Science and Technology, United Nations, Sanctions, Cybersecurity, and Economy
Political Geography:
Asia, North Korea, North America, and United States of America

173. Everyone Pivots to the Asia-Pacific

Author:
Ralph A. Cossa and Brad Glosserman
Publication Date:
02-2015
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Center for Strategic and International Studies
Abstract:
A trifecta of international gatherings – the Asia Pacific Economic Cooperation (APEC) Leaders Meeting in Beijing, the East Asia Summit (EAS) in Nay Pyi Taw, and the G-20 gathering in Brisbane – had heads of state from around the globe, including US President Barack Obama, flocking to the Asia-Pacific as 2014 was winding to a close. North Korea was not included in these confabs but its leaders (although not the paramount one) were taking their charm offensive almost everywhere else in an (unsuccessful) attempt to block a UN General Assembly resolution condemning Pyongyang's human rights record. More successful was Pyongyang's (alleged) attempt to undermine and embarrass Sony Studios to block the release of a Hollywood film featuring the assassination of Kim Jong Un.
Topic:
Economics
Political Geography:
Asia and North Korea

174. Thomas H. Henriksen. America and the Rogue States. New York, NY: Palgrave Macmillan, 2012.

Publication Date:
03-2015
Content Type:
Journal Article
Journal:
Journal of Military and Strategic Studies
Institution:
Centre for Military, Security and Strategic Studies
Abstract:
In America and the Rogue States, Thomas Henriksen lays out the relationships that exist, and have existed, between America and the states that made up George W. Bush's 'Axis of Evil.' Henriksen outlines the history of the interactions between the United States and North Korea, pre-invasion Iraq, and Iran, and through this draws out a number of themes. He also shows that the ways the relationships have played out are highly situational and there is no one-size-fits-all solution. In the last chapter, Henriksen explores American relationships with a number of states that were either once considered rogue or could become rogue, like Libya, Syria, and Cuba, referring to them as either “lesser rogues” or “troublesome states.” These states have remained “a puzzle for US foreign policy” (1) and are characterized by three things: autocratic governance, sponsorship of terrorism, and pursuit of weapons of mass destruction (WMD). There is no clear definition provided by Henriksen for what can be considered a rogue state, making it difficult to judge what other states, if any, could be considered rogue. Henriksen seems to arbitrarily decide who is rogue and who is not: Cuba is a rogue state, while Myanmar is merely troublesome. Instead of synthesizing a clear definition of the term, something that could then be applied to other states in order to judge their 'rogueness,' Henriksen uses the Bush administration's criteria (the term itself was coined by President Bill Clinton in a 1994 speech in Brussels), which was outlined in the National Security Strategy of 2002 (NSS-2002). These were “brutality toward their own people; contempt for international law; determination to acquire weapons of mass destruction (WMD); advanced military technology; sponsorship of terrorism; rejection of human rights values; and hatred for the United States and 'everything it stands for'”. The use of the NSS-2002 definition allows for the 'Axis of Evil' to fit neatly into the term, which constitutes a problem of tautology, at least for the Bush administration. Further compounding this was that, according to Henriksen at least, the administration was set on going to war in Iraq prior to assuming office. This creates a situation in which it is hard to determine whether the idea of rogue states was created to justify this desire, or it informed the desire prior to the administration taking office.
Topic:
Foreign Policy and Terrorism
Political Geography:
United States, America, North Korea, and Libya

175. The North Korea Crisis and Regional Responses

Author:
Ching-Chang Chen, Denny Roy, and Utpal Vyas
Publication Date:
04-2015
Content Type:
Book
Institution:
East-West Center
Abstract:
The Kim Jong Un (KJU) regime, since its inception, has ratcheted up tension on the Korean Peninsula. His decision to dishonor what he had agreed to—a moratorium on nuclear tests and long-range missile launches as well as the return of IAEA (International Atomic Energy Agency) inspectors to Yongbyon—at several rounds of bilateral talks with the United States in February 2012 confirmed the belief that North Korea is a historically unpredictable and unreliable actor. Because the new North Korean leadership needed to fulfill its promise that North Korea would enter an “era of being a strong and prosperous nation ( gangseongdaeguk ),” pursuing economic recovery by easing tension through reconciliation with the international community, including the United States, was of significance. North Korea could have obtained nutritional assistance including corn, soy beans, vegetable oils, and ready-to-eat therapeutic food, but instead it initiated a string of provocations and hostile threats, which brought China's patience to the limits, strengthened UN sanctions, and consolidated the US position not to engage with North Korea before Pyongyang shows concrete steps for denuclearization. Hence, for the international observers, North Korea's gamble seemed to be a grave mistake.
Topic:
Economics
Political Geography:
China and North Korea

176. Evelyne Schmid. Taking Economic, Social and Cultural Rights Seriously in International Criminal Law

Author:
Mara Tignino
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
Evelyne Schmid’s new book, Taking Economic, Social and Cultural Rights Seriously in International Criminal Law, aims to provide a bridge between developing practice and existing knowledge. At the heart of her book lies the question of how, or to what extent, violations of ESCR are addressed in international criminal proceedings and transitional justice mechanisms. She criticizes the current marginalization of ESCR abuses in scholarship on international criminal law and bemoans the reality that ‘efforts to address the legacy of widespread human rights abuses display a bias towards civil and political rights’. While some have argued for an expansion of international criminal law to account more directly for violations of ESCR, Schmid claims such an expansion is unnecessary; in her view, such violations already fall within the scope of international crimes.
Topic:
Genocide, Human Rights, International Law, United Nations, War Crimes, Courts, and Transitional Justice
Political Geography:
Europe, North Korea, Cambodia, United Nations, and Myanmar

177. The Future Impact of North Korea’s Emerging Nuclear Deterrent

Author:
Leonard Spector
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
James Martin Center for Nonproliferation Studies
Abstract:
The emergence of North Korea’s nuclear deterrent has been a grievous blow to international nonproliferation efforts and poses serious national security challenges for the United States and its Northeast Asian allies. It is by no means clear, however, that the precedent North Korea has set will significantly erode the nonproliferation regime or stimulate proliferation elsewhere. In a new paper (published by the US-Korea Institute at the Paul H. Nitze School of Advanced International Studies, Johns Hopkins University, on its website, 38north) CNS’s Leonard S. Spector examines the arenas in which North Korea’s new nuclear weapon status has significant negative consequences and assesses the damage that will likely be done. He concludes that the ripple effects of North Korea’s crossing the nuclear threshold may be more limited than they first appear.
Topic:
Arms Control and Proliferation, Diplomacy, Nuclear Weapons, Military Strategy, Nonproliferation, and Deterrence
Political Geography:
China, Asia, South Korea, and North Korea

178. The Sixty Years of the Korea-U.S. Security Alliance: Past, Present, and Future

Author:
Bruce Bennett
Publication Date:
02-2014
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
The Republic of Korea (ROK) and the United States have maintained a strong security alliance for 60 years. Throughout that period, North Korea has posed continuing threats that have evolved significantly in recent years. Because North Korea is a failing state, the ROK and the United States must seek to deter, and, if necessary, defeat a range of North Korean challenges, from provocations to major war. They must also be prepared to deal with a North Korean government collapse. All of these challenges potentially involve a ROK/US offensive into North Korea to unify Korea, with significantly different force requirements than the historical defense of Seoul.
Topic:
Security and Government
Political Geography:
United States, North Korea, and Korea

179. U.S. and Japan: New Policies toward the Korean Situations

Author:
Richard Weitz
Publication Date:
02-2014
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
The new national security leaders in Japan, the United States, China and the two Koreas have assumed office at a precarious time. Despite the recent relaxation of tensions, conditions are ripe for further conflict in Northeast Asia. The new DPRK leadership is as determined as its predecessor to possess nuclear weapons and ballistic missiles while resisting unification or reconciliation with South Korea and its allies. The new government in Tokyo is also augmenting its military capabilities. Meanwhile, despite Chinese efforts to restart the Six-Party Talks, the Obama administration has refused to engage with the DPRK until it demonstrates a willingness to end its nuclear weapons program and improving intra-Korean ties. But this policy of patiently waiting for verifiable changes in DPRK policies may be too passive in the face of North Korea' s growing military capabilities, leading the new South Korean government, striving to maneuver between Beijing and Washington, to consider new initiatives to restart a dialogue with the North even while reinforcing its own military capabilities.
Topic:
Security, Government, and Nuclear Weapons
Political Geography:
United States, Japan, China, Asia, South Korea, North Korea, and Korea

180. North Korea's Strategic Goals and Policy towards the United States and South Korea

Author:
Sue Mi Terry
Publication Date:
02-2014
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
Pyongyang under the Kim dynasty has pursued three broad and consistent strategic goals: (1) The pursuit of nuclear weapons program in order to gain international acceptance of the North as a bona fide nuclear weapons state; (2) securing a peace treaty in an effort to remove U.S. forces from the Korean Peninsula; and, (3) reunification with South Korea on its own terms—the ultimate if increasingly unrealistic objective. To achieve these goals, the North has followed a policy of brinksmanship with the U.S. and South Korea: provoke when Washington or Seoul seem preoccupied, up the ante in the face of international condemnation, and pivot back to a peace offensive, which usually ends with some form of dialogue and negotiation, culminating, finally, in concessions for the North. This article reviews in detail how such policies have been pursued by Kim Il-sung, Kim Jong-il, and Kim Jong-un. It shows that, while there have been changes in North Korean policy, they have been primarily tactical not strategic—the North has changed how it pursues its goals (sometimes using military forces, at other times covert actions, or even negotiations), but it has remained consistent in its objectives. Not even the regime's literal bankruptcy has convinced the regime to change course, and for good reason: such brinkmanship tactics have paid off for the North by making possible the regime's survival for more than sixty years. Kim Jong-un, accordingly, has continued this strategy. This article ends by suggesting how the U.S. and South Korea should deal with the North's militaristic foreign policy. In brief, the two allies need to break the cycle of provocation by making clear they will no longer reward North Korea's destabilizing behavior while pursuing a longer-term goal of their own.
Topic:
Foreign Policy
Political Geography:
United States, Washington, South Korea, North Korea, Korea, and Sinai Peninsula