A Solution Is Sanctions: Curbing Nuclear Proliferation in North Korea

By Asada, Masahiko | Harvard International Review, Winter 2011 | Go to article overview

A Solution Is Sanctions: Curbing Nuclear Proliferation in North Korea


Asada, Masahiko, Harvard International Review


There is no doubt that UN sanctions are among the most powerful tools that the international community can resort to in its quest to maintain international peace and security. Under Article 39 of the UN Charter, the Security Council is empowered to adopt enforcement measures in response to a threat to the peace, breach of the peace, or act of aggression. Whether the Council would, in fact, take such action is contingent on whether it sees a particular situation as applicable to these criteria. When the Security Council met in a summit on January 31, 1992, a Presidential Statement was issued declaring that "[t]he proliferation of all weapons of mass destruction constitutes a threat to international peace and security." The members of the Council also committed themselves to working to prevent the spread of such weapons and to take appropriate action to that end.

[ILLUSTRATION OMITTED]

This Presidential Statement was a mere abstract statement and did not entail the adoption or application of any concrete measures. However, the Council did take concrete actions more in line with this statement following the ballistic missile launch and nuclear weapons test conducted by the Democratic People's Republic of Korea (DPRK, North Korea) in 2006. The Security Council adopted resolutions 1695 (2006) in July and 1718 (2006) in October, respectively. Another Council resolution, resolution 1874 (2009), was adopted in June 2009 to strengthen sanctions against the DPRK in response to the DPRK's second nuclear test.

How these resolutions are implemented will be a litmus test to see if the United Nations can effectively cope with today's most acute security issue: the proliferation of weapons of mass destruction. This article analyzes the main provisions of resolutions 1718 (2006) and 1874 (2009), which impose specific sanctions on the DPRK, as well as their implementation by UN member states. Both of these resolutions were adopted under Chapter VII of the UN Charter and by consensus.

Normative Enforcement Measures

The operative paragraphs of resolutions 1718 (2006) and 1874 (2009) include two kinds of enforcement measures: normative and practical. Normative aspects of the measures mainly concern the DPRK's ballistic missile and nuclear activities. With regard to ballistic missile activities, the resolutions demanded that the DPRK not conduct further launches of any ballistic missiles. They also decided that the DPRK suspend all activities related to its ballistic missile program and re-establish its pre-existing commitment to a moratorium on missile launching. As resolutions adopted under Chapter VII, such demands and decisions are legally binding and the DPRK is legally obligated to do what is prescribed by the resolutions.

There is no dispute that Security Council decisions are legally binding, as Article 25 of the UN Charter provides that "[t]he Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter." However, the term "demands" is also considered to be legally binding on all UN member states in accordance with recent UN practice.

Given that the demands in resolutions 1718 (2006) and 1874 (2009) are legally binding on the DPRK, they have more far-reaching repercussions in relation to the DPRK's nuclear activities. The Council demanded that the DPRK immediately retract its announcement of withdrawal from the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and that it return to the NPT and International Atomic Energy Agency (IAEA) safeguards. In January 2003, the DPRK gave notice to the Security Council of its immediate withdrawal from the NPT "in exercising its national sovereignty" as provided for in Article X of the Treaty. Despite different views held by some of the parties to the NPT regarding North Korea's status under the treaty, the resolutions implicitly recognized that the DPRK is now out of the NPT by demanding that it return to the NPT generally rather than simply return to compliance with the NPT. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

A Solution Is Sanctions: Curbing Nuclear Proliferation in North Korea
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.