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7911. Revisiting Compliance in the Biological Weapons Convention

Author:
James Revill
Publication Date:
08-2017
Content Type:
Working Paper
Institution:
James Martin Center for Nonproliferation Studies
Abstract:
Since the collapse of negotiations around a protocol to the 1972 Biological and Toxin Weapons Convention (BWC) in 2001, states parties have begun to discuss several novel issues linked to the broader implementation of the BWC as part of a series of intersessional meetings. While initially fruitful, this approach has generated diminishing returns in the last five years. Moreover, in addressing these broader issues of implementation, biological disarmament diplomacy has largely neglected the thorny issue of compliance. Compliance with the BWC is more than a simple binary choice to sign a commitment not to develop or produce biological weapons. It requires the adherence to all the obligations, both negative and positive, undertaken by BWC states parties in signing and ratifying the convention. In the BWC context, this is complicated by the ambiguity surrounding certain obligations, changes in science and security, and the limited resource capacity of some states to fulfill their obligations. Under such circumstances, without episodically revisiting compliance, there remains the risk that BWC will become ever more fragmented, outmoded and poorly implemented. Although many states insist strengthening the convention can only be achieved through a multilaterally negotiated, legally binding verification protocol, this is not politically feasible for the foreseeable future. Nor is this necessarily true; an incremental approach to strengthening the convention could be pursued, dealing with mutually reinforcing components of the regime in a balanced manner and laying the foundations for future work, if and when it becomes politically expedient to proceed. This Occasional Paper proposes a number of activities that could be pursued as part of an incremental approach to revisiting compliance with the BWC.
Topic:
Arms Control and Proliferation, Nuclear Weapons, Nonproliferation, Biological Weapons, and Radiological Weapons
Political Geography:
Global Focus

7912. Taiwan’s Export Control System: Overview and Recommendations

Author:
James Martin Center for Nonproliferation Studies
Publication Date:
08-2017
Content Type:
Working Paper
Institution:
James Martin Center for Nonproliferation Studies
Abstract:
This report provides an overview and assessment of Taiwan’s export control program, with a focus on strategic high-tech commodities (SHTC). It highlights Taiwan’s global position as a major port for both shipping and dual-use exports, identifying the key legislation and organizations that address SHTC exports. It thoroughly examines the key organizations, legislation, licensing procedures, and challenges within Taiwan’s export control system. Overall, Taiwan has a strong, modern export control system, and any deficiencies are similar to other jurisdictions of the same size in terms of trade and shipping. Nonetheless, Taiwan’s isolation in the international community continues to make it a target for illicit trade, including financing of items related to weapons of mass destruction (WMD). Using open-source data, this report identifies twenty-five export-control cases involving Taiwanese persons and/or entities. All of these cases were prosecuted in Taiwan or abroad. In an attempt to identify unprosecuted cases, researchers incorporated publicly available data, including the Panama Papers. The report finds no evidence of unprosecuted illicit WMD-related trade. Despite its international isolation, Taiwan has an opportunity to become a leader in safe international trade. By fully embracing export control and proliferation finance laws and enforcement, Taiwan could become a natural hub for export controls
Topic:
Arms Control and Proliferation, Nuclear Weapons, Weapons of Mass Destruction, and Illegal Trade
Political Geography:
China, Taiwan, and Asia

7913. Nuclear Governance and Legislation in Four Nuclear-Armed Democracies

Author:
Avner Cohen and Brandon Mok
Publication Date:
09-2017
Content Type:
Working Paper
Institution:
James Martin Center for Nonproliferation Studies
Abstract:
The report presents a set of comparative raw data on the question of how four Western democratic nuclear-weapon states— the United States, the United Kingdom, France, and Israel—handle the essential tension between nuclear weapons (which require secrecy) and liberal democracy. The initial intent of this work was to assist Dr. Cohen in his preparations for an unprecedented hearing at the Israeli High Court of Justice in September 2017, whereby the Court would hear a petition, signed by over 100 Israeli citizens, calling for regulation and oversight of the Israeli Atomic Energy Commission. The petitioners cited the legal lacuna under which Israel’s nuclear activities operate, devoid of oversight and beyond the realm of law, in violation of fundamental democratic principles. In particular, the study assesses the comprehensiveness—the breadth and depth—of the legislative, regulatory, scientific, and policy mechanisms that each of these four democratic states have created to govern its nuclear affairs in the following categories or parameters: legislation, organizations (directly responsible for either civilian and military applications of nuclear materials or both), regulation, oversight, secrecy, and policy making. Such material has never before been publicly available in a condensed form in one location, making this study of use to anyone interested in the problem of governing the atom. It will be updated as structures and policy change.
Topic:
Nuclear Weapons, Military Affairs, Democracy, and Civil-Military Relations
Political Geography:
United Kingdom, Europe, Middle East, Israel, France, North America, and United States of America

7914. WMD Proliferation Risks at the Nexus of 3D Printing and DIY Communities

Author:
Robert Shaw
Publication Date:
10-2017
Content Type:
Working Paper
Institution:
James Martin Center for Nonproliferation Studies
Abstract:
This report summarizes the analysis and findings of our research project entitled “Evaluating WMD Proliferation Risks at the Nexus of 3D Printing and Do-It-Yourself (DIY) Communities.” Conducted by a team with the Middlebury Institute of International Studies at Monterey’s (MIIS) James Martin Center for Nonproliferation Studies (CNS), this project builds upon emerging literature in the weapons of mass destruction (WMD) nonproliferation field highlighting additive manufacturing (AM) — which includes 3D printing — as a potential proliferation risk. This project analyzes a set of export-controlled items to understand the degree to which 3D printing might be used to produce — and thus represent a new pathway for proliferators to acquire — dual-use goods useful for the development of WMDs. Additionally the study considers the degree to which communities using and promoting 3D printing may impact the risk of WMD proliferation.
Topic:
Science and Technology, Weapons of Mass Destruction, Digitization, and Emerging Technology
Political Geography:
Global Focus

7915. Open-Source Monitoring of Uranium Mining and Milling for Nuclear Nonproliferation Applications

Author:
Jeffrey Lewis, Melissa Hanham, Joshua Pollack, Catherine Dill, and Raymond Wang
Publication Date:
12-2017
Content Type:
Working Paper
Institution:
James Martin Center for Nonproliferation Studies
Abstract:
Uranium mines and mills offer an important focus for the analysis of fissile-material production. It is possible to combine traditional research techniques with new tools and technologies to estimate the production of yellowcake uranium. Such estimates can, in turn, be used to roughly estimate the throughput of a country’s nuclear fuel cycle. In some cases, this may help researchers to determine whether undeclared fuel cycle facilities exist and to estimate their capacity. This CNS Occasional Paper is the first in a series of papers funded by the MacArthur Foundation. It deals primarily with how researchers can use open-source information to monitor uranium mining and milling in the service of arms control, disarmament, and nonproliferation goals. Additional monographs will provide regional cases studies in North Korea, China, India, and Pakistan to demonstrate what these methods can reveal—and what they cannot. The final monographs look at the emerging, and potentially revolutionary, role of remote sensing for this application and gives policy recommendations.
Topic:
Energy Policy, Nuclear Power, Nonproliferation, Mining, and Uranium
Political Geography:
Global Focus

7916. Countering North Korean Procurement Networks Through Financial Measures: The Role of Southeast Asia

Author:
Eda Erol and Leonard Spector
Publication Date:
12-2017
Content Type:
Working Paper
Institution:
James Martin Center for Nonproliferation Studies
Abstract:
This Occasional Paper is made up of four studies intended to aid Southeast Asian governments and financial institutions in their efforts to counter the financing of weapon of mass destruction programs in North Korea and other states of concern. “Countering North Korean Procurement Networks through Financial Measures: The Role of Southeast Asia,” highlights how North Korea has exploited weak financial controls in the region to advance its nuclear and missile programs. The study reviews Security Council and Financial Action Task Force actions to combat such abuse of the international banking system, as well as the role of US sanctions. Effective implementation of these measures in Southeast Asia, the study concludes, could contribute significantly to constraining North Korea and other proliferant states. “Needed Next Steps to Strengthen Measures to Counter Proliferation Finance,” identifies gaps in international measures to combat proliferation finance, and calls on the Security Council and the Financial Action Task Force to clarify standards for national-level implementation of counter-proliferation-finance rules and to adopt improved enforcement mechanisms. The analysis urges Southeast Asian governments and financial institutions to implement existing measures with greater vigor. “Chinpo Shipping: A Singaporean Financial Agent of North Korea” details how North Korea created an off-shore de facto bank to finance its illegal activities and how Singapore’s courts addressed the first known prosecution for financing proliferation. The case underscores that greater due diligence by banks and regulatory authorities is urgently needed. Finally, “Due Diligence and the Panama Papers Episode: Lessons for Proliferation Finance,” shows how a North Korean bank, denied access to the international banking system, set up an off-shore entity to transact its business. The analysis calls for greatly strengthened enforcement efforts by offshore tax havens, closer scrutiny of clients by banks and law firms conducting international business, and greater efforts by Southeast Asian governments to block sanctions-violating front companies from accessing their banking systems.
Topic:
Law Enforcement, Illegal Trade, Procurement, and Banking
Political Geography:
Asia and North Korea

7917. Nepal: Why Funding for Orphanages is Harming the Children it Aims to Help

Publication Date:
01-2017
Content Type:
Commentary and Analysis
Institution:
Elevate Children Funders Group
Abstract:
Private philanthropic support for vulnerable or orphaned children often has a strong focus on the funding of orphanages. Despite powerful evidence of the negative impact of orphanage care, private donors continue to provide large amounts of funding to orphanages through donations, volunteer tourism, mission trips and other forms of fundraising – adding to the pull factors drawing more vulnerable children into institutional care and away from family or community care.
Topic:
Children, Public Policy, and Funding
Political Geography:
Nepal

7918. Haiti: Why Funding for Orphanages is Harming the Children it Aims to Help

Publication Date:
01-2017
Content Type:
Commentary and Analysis
Institution:
Elevate Children Funders Group
Abstract:
Private philanthropic support for vulnerable or orphaned children often has a strong focus on the funding of orphanages. Despite powerful evidence of the negative impact of orphanage care, private donors continue to provide large amounts of funding to orphanages through donations, volunteer tourism, mission trips and other forms of fundraising – adding to the pull factors drawing more vulnerable children into institutional care and away from family or community care.
Topic:
Children, Youth, Public Policy, and Funding
Political Geography:
Haiti

7919. Nepal Policy Brief: Why Funding for Orphanages is Harming the Children in Aims to Help

Publication Date:
01-2017
Content Type:
Policy Brief
Institution:
Elevate Children Funders Group
Abstract:
Private philanthropic support for vulnerable or orphaned children often has a strong focus on the funding of orphanages. Despite powerful evidence of the negative impact of orphanage care, private donors continue to provide large amounts of funding to orphanages through donations, volunteer tourism, mission trips and other forms of fundraising – adding to the pull factors drawing more vulnerable children into institutional care and away from family or community care.
Topic:
Children, Youth, Public Policy, and Funding
Political Geography:
Nepal

7920. Haiti Policy Brief: Why Funding for Orphanages is Harming the Children it Aims to Help

Publication Date:
01-2017
Content Type:
Policy Brief
Institution:
Elevate Children Funders Group
Abstract:
Private philanthropic support for vulnerable or orphaned children often has a strong focus on the funding of orphanages. Despite powerful evidence of the negative impact of orphanage care, private donors continue to provide large amounts of funding to orphanages through donations, volunteer tourism, mission trips and other forms of fundraising – adding to the pull factors drawing more vulnerable children into institutional care and away from family or community care.
Topic:
Children, Youth, Public Policy, Private Sector, and Funding
Political Geography:
Haiti