This article examines the theory and practice of two partially contrasting policy approaches to US national security and global stability: deterrence, which has long been regarded as virtually the “Holy Grail” of post-World War II US strategy, and arms control, which offers alternative goals, procedures, and structures.
In the realm of nuclear weapons, both approaches have been regularly employed: the United States has developed and deployed a diverse array of weapons, devoting time and treasure to assembling the tools of deterrence, but it has also simultaneously pursued successive generations of SALT, START, and other diplomatic initiatives to limit and reduce those inventories. In contrast, when it comes to outer space—where there is currently a widely-shared perception of starkly rising security threats from Russia, China, and elsewhere—it is deterrence, and deterrence alone, that has been marshaled. Arms control, even relatively modest, preliminary, and non-legally binding variants, has consistently been categorically ruled off the table, by Republican and Democratic leadership alike.
David A. Koplow posits that this exclusive American reliance upon deterrence for ameliorating the security problems of space is misguided. This is because deterrence in all its assorted forms and variations is systematically less applicable to the special circumstances of exoatmospheric competition, and arms control in outer space would be particularly valuable and successful in that milieu. Koplow therefore concludes that US national policy should be promptly re-aligned, to draw strategically upon both concepts for resisting the further degradation of the security and sustainability of critical space operations.
While an important part of US innovation and culture, bankruptcy proceedings have nonetheless become a unique avenue through which foreign adversaries are able to acquire sensitive US national security technologies and intellectual property. Through a detailed analysis of the current gaps in federal regulations governing foreign investment and bankruptcy proceedings in the US, Camille Stewart provides the reader an in-depth look into exactly how foreign companies have been able to circumvent these US foreign investment regulations.
In raising awareness to an issue that could ultimately leave the United States vulnerable to destructive cyberattacks, Stewart argues that training and equipping bankruptcy judges to identify potential national security concerns in bankruptcy cases will help mitigate the exfiltration of national security-related information and technology.
Full Court Press: Preventing Foreign Adversaries from Exfiltrating National Security Technologies Through Bankruptcy Proceedings
The risk of Weapons of Mass Destruction materials falling into the hands of criminals continues to be a major security concern following 9/11. Efforts to curb the threat culminated in 2004 with U.N. Security Council Resolution 1540. Resolution 1540 created an international institution—the 1540 regime—that was intended to prevent WMD proliferation by closing legal gaps in every U.N. member state. In addition to prohibiting states from engaging in proliferation activities, the instrument obliges states to address WMD trafficking at home through both criminal law enforcement and regulatory oversight.
Since its creation, scholars and policy makers have come to view 1540 as an important foundation of the global nonproliferation and counter-terrorism regime, in part because 179 states have submitted domestic implementation country reports, and on average, countries report more than 145 new or existing domestic measures to comply with Resolution 1540 obligations. Yet, despite the alleged success of the 1540 regime, there are still gaps in the system. Drawing on fifty-two in-depth interviews, fieldwork, and observation data, Sarah Shirazyan’s article presents a novel assessment of the 1540 regime’s development and performance.
Sarah Shirazyan’s article on “Building a Universal Counter-Proliferation Regime” proceeds in four steps. First, it provides an assessment of 1540’s origins and its past performance, based on the 1540 Committee’s own metrics of success. Second, it demonstrates the regime’s weak performance, examining its effectiveness and accomplishments thus far. Third, it explains how the creation of the 1540 regime and its early institutional choices shaped its current structure and performance. In particular, how 1540’s legitimacy-building strategies have constrained the institution’s ability to effectively manage the implementation of the resolution. Finally, the article briefly explore options on how to strengthen 1540 regime to halt non-state actor proliferation.