About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (January 7, 2016)

handle is hein.crs/govcdvq0001 and id is 1 raw text is: 




FF.      '                      iE    ,E .$r. i ,


                                                                                                   January 7, 2016

Possible U.S. Policy Approaches After North Korea's January

2016 Nuclear Test


On January 6, North Korea announced that it had
successfully tested a hydrogen bomb, its fourth nuclear
weapon test since 2006. Despite skepticism about
Pyongyang's claim regarding the nature of the device (see
CRS Insight IN10428, North Korea's January 6, 2016,
Nuclear Test), governments around the world condemned
the act as a flagrant violation of several United Nations
Security Council resolutions. The UNSC convened an
emergency meeting and began work on a resolution that
would impose additional sanctions and punitive measures
on North Korea, although it is doing so when most analysts
agree that U.S. and multilateral sanctions have not
prevented North Korea from advancing its fledgling nuclear
weapons capability.

      ~ ~z v.froor K1,rm an~d Svw~it$,Kk
China's swift criticism of the test seemed to confirm
Beijing's strained relations with Pyongyang. Under North
Korean leader Kim Jong-Un, now entering his fifth year in
power, China's role as North Korea's benefactor and
protector appears to have diminished. China still provides
critical assistance and trade to the isolated nation and does
not appear to have adjusted its fundamental strategic
calculus that opposes a collapse of the regime, fearing a
flood of refugees and instability on its border. However,
China's frustration with North Korea's provocations could
convince Beijing to enforce international sanctions more
consistently or otherwise scale back the economic lifeline it
provides to Pyongyang.

As China's ties with North Korea have chilled, Seoul and
Beijing have enhanced their strong trade and diplomatic
relationship and South Korean President Park Geun-hye has
pursued more influence over China's Korean peninsula
policy. South Korea also recently signed an agreement with
Japan to ease tension over historical issues stemming from
the World War II era; the agreement could make it easier
for the United States, South Korea, and Japan to cooperate
trilaterally on North Korea's threats. A day after the blast,
Seoul announced that it had resumed anti-North Korea
propaganda broadcasts across the border, a practice that has
elicited strong complaints from Pyongyang in the past.


The steady advance of North Korea's nuclear weapon and
missile programs has prompted some criticism of the
Obama Administration's strategic patience policy. The
policy eschews negotiations with the North before the
regime takes steps to follow through on its earlier
commitments to denuclearization. The policy also entails
expanding U.S. and multilateral sanctions in response to
Pyongyang's provocations, aligning approaches with South
Korea and Japan, and convincing China to increase pressure


on North Korea to denuclearize. (See CRS Report R41259,
North Korea: US. Relations, Nuclear Diplomacy, and
Internal Situation.)

Possible alternatives to this approach include increasing
engagement, either by resuming the Six-Party Talks
(among the United States, North Korea, China, Japan,
South Korea, and Russia) or using direct channels. The
Obama Administration bilaterally negotiated the Leap Day
Agreement with North Korea in February 2012, which
committed Pyongyang to a moratorium on nuclear tests,
long-range missile launches, and uranium enrichment
activities in exchange for humanitarian aid. North Korea
scuttled the deal only two months later by launching a long-
range rocket, followed by a third nuclear test in February
2013. Pressing North Korea diplomatically could be paired
with other options. Chief obstacles to negotiations are
North Korea's refusal to honor prior non-proliferation
commitments and its insistence on being recognized as a
nuclear-weapon state.

Many observers support the expansion of sanctions to
choke off the Kim regime's sources of hard currency and to
weaken the North Korean economy. Although many
sanctions are in place, more countries could follow Japan's
approach that bans virtually all trade; current U.N.
sanctions restrict trade in only luxury items and military
goods. Bills circulating through Congress could expand
U.S. sanctions. Congress could seek to go even further, for
instance by targeting foreign countries and entities that deal
with North Korea. This tactic could affect firms and
international banks that have financial dealings with
Pyongyang, including, for example, those in China. (See
CRS Report R41438, North Korea: Legislative Basis for
US. Economic Sanctions.)

Another measure that could increase pressure on North
Korea is for the United States to enhance military
cooperation with allies. This could include an increase in
military exercises with South Korea, and potentially Japan,
that feature advanced weaponry, similar to the overflight of
two B-2 stealth bombers over the Korean Peninsula
following the 2013 nuclear test. An overt improvement in
ballistic missile defense cooperation among Japan, South
Korea, and the United States would also send signals to the
regime. In the past, indications of more integrated missile
defense cooperation have spurred China to exert more
pressure on North Korea.

Congress could consider several options. It could urge the
Administration to reinstate North Korea to the State
Sponsors of Terrorism list (see CRS Report R43865,
North Korea: Back on the State Sponsors of Terrorism


.O 'T


gognpq ' -pmm      ggmm
g
               , q
'S
a  X
11LULANJILiN,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most