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In the aftermath of a terrorist attack political stakes are high: legislators fear being seen as lenient or indifferent and often grant the executive broader authorities without thorough debate. The judiciary's role, too, is restricted: constitutional structure and cultural norms narrow the courts' ability to check the executive at all but the margins. The dominant "Security or Freedom" framework for evaluating counterterrorist law thus fails to capture an important characteristic: increased executive power that shifts the balance between branches of government. This book re-calculates the cost of counterterrorist law to the United Kingdom and the United States, arguing that the damage caused is significantly greater than first appears. Donohue warns that the proliferation of biological and nuclear materials, together with willingness on the part of extremists to sacrifice themselves, may drive each country to take increasingly drastic measures with a resultant shift in the basic structure of both states.

“Laura Donohue’s sophisticated and complex analysis of counterterrorism law in Britain and the United States warns of the risks to fundamental individual rights when democracies establish counterterrorist regimes. Although governments frame their initiatives in terms of a choice between security and freedom, Donohue challenges this logic. Loss of liberty is not necessarily balanced by gain in safety. Compromises intended to be temporary turn out to be permanent. Leaders and citizens of democracies would be well advised to heed this pointed and timely warning.”

- Martha Crenshaw, Senior Fellow, Center for International Security and Cooperation (CISAC), Stanford University

An ambitious argument against the "Security or Freedom" framework, which is the dominant paradigm for thinking about counterterrorist law. The first book to compare the history of both British and American counterterrorist law. Argues that counterterrorist law is a danger to the rights central to liberal democracy: life, liberty, property, privacy and free speech.

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Cambridge University Press
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ISBN-13: 9780521605878
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Abstract:  Scholars and policy-makers, when seeking to predict the future of nuclear proliferation, often refer to "nuclear capable states," or "latent nuclear weapons states," or "virtual nuclear powers."  There is consensus, however, about what such terms mean or how to measure a state's "nuclear latency," a condition that leads to widespread miscommunication and misunderstanding in the field.  This talk reviews alternative methods for measuring "nuclear latency" in the political science and technical literatures. It provides historical evidence of the wide range of time-lines for different states to move from one state of nuclear weapons development to more advanced states of development and identifies a set of political factors (including organizational competency, ambivalent political leadership, different arsenal size ambitions) that can influence the time-lags that states experience in their nuclear weapons programs. 

Scott Sagan is a professor of political science and co-director of Stanford's Center for International Security and Cooperation. He is on sabbatical in 2008-09. Before joining the Stanford faculty, Sagan was a lecturer in the Department of Government at Harvard University and served as a special assistant to the director of the Organization of the Joint Chiefs of Staff in the Pentagon. He has also served as a consultant to the office of the Secretary of Defense and at the Sandia National Laboratory and the Los Alamos National Laboratory.

Sagan is the author of Moving Targets: Nuclear Strategy and National Security (Princeton University Press, 1989), The Limits of Safety: Organizations, Accidents, and Nuclear Weapons(Princeton University Press, 1993), and with co-author Kenneth N. Waltz, The Spread of Nuclear Weapons: A Debate Renewed (W.W. Norton, 2002). He is the co-editor of Peter R. Lavoy, Scott D. Sagan, and James L. Wirtz, Planning the Unthinkable (Cornell University Press, 2000). Sagan was the recipient of Stanford University's 1996 Hoagland Prize for Undergraduate Teaching and the 1998 Dean's Award for Distinguished Teaching. As part of CISAC's mission of training the next generation of security specialists he and Stephen Stedman founded Stanford's Interschool Honors Program in International Security Studies in 2000.

His recent articles include "How to Keep the Bomb From Iran," in Foreign Affairs (September-October 2006); "The Madman Nuclear Alert: Secrecy, Signaling, and Safety in October 1969" co-written by Jeremi Suri and published in International Security in spring 2003; and "The Problem of Redundancy Problem: Will More Nuclear Security Forces Produce More Nuclear Security?" published in Risk Analysis in 2004. The first piece warns against "proliferation fatalism" and "deterrence optimism" to argue that the United States should work to prevent Iran's pursuit of nuclear weapons by addressing the security concerns that are likely motivators for Iran's nuclear ambitions. The International Security piece looks into the events surrounding a secret nuclear alert ordered by President Nixon to determine how effective the alert was at achieving the president's goal of forcing negotiations for the end of the Vietnam War. It also questions many of the assumptions made about nuclear signaling and discusses the dangers of new nuclear powers using this technique. Sagan's article on redundancy in Risk Analysis won Columbia University's Institute for War and Peace Studies 2003 Best Paper in Political Violence prize. In this article, Sagan looks at how we should think about nuclear security and the emerging terrorist threat, specifically whether more nuclear facility security personnel increases our safety. His article, "Realism, Ethics, and Weapons of Mass Destruction" appears in Ethics and Weapons of Mass Destruction: Religious and Secular Perspectives, edited by Sohail Hashmi and Steven Lee. In addition to these works, Sagan is also finishing a collection of essays for a book tentatively entitled Inside Nuclear South Asia.

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The Caroline S.G. Munro Professor of Political Science
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Senior Fellow, Freeman Spogli Institute for International Studies
rsd25_073_1160a_1.jpg PhD

Scott D. Sagan is Co-Director and Senior Fellow at the Center for International Security and Cooperation, the Caroline S.G. Munro Professor of Political Science, and the Bass University Fellow in Undergraduate Education at Stanford University. He also serves as Co-Chair of the American Academy of Arts and Sciences’ Committee on International Security Studies. Before joining the Stanford faculty, Sagan was a lecturer in the Department of Government at Harvard University and served as special assistant to the director of the Organization of the Joint Chiefs of Staff in the Pentagon.

Sagan is the author of Moving Targets: Nuclear Strategy and National Security (Princeton University Press, 1989); The Limits of Safety: Organizations, Accidents, and Nuclear Weapons (Princeton University Press, 1993); and, with co-author Kenneth N. Waltz, The Spread of Nuclear Weapons: An Enduring Debate (W.W. Norton, 2012). He is the co-editor of Insider Threats (Cornell University Press, 2017) with Matthew Bunn; and co-editor of The Fragile Balance of Terror (Cornell University Press, 2022) with Vipin Narang. Sagan was also the guest editor of a two-volume special issue of DaedalusEthics, Technology, and War (Fall 2016) and The Changing Rules of War (Winter 2017).

Recent publications include “Creeds and Contestation: How US Nuclear and Legal Doctrine Influence Each Other,” with Janina Dill, in a special issue of Security Studies (December 2025); “Kettles of Hawks: Public Opinion on the Nuclear Taboo and Noncombatant Immunity in the United States, United Kingdom, France, and Israel”, with Janina Dill and Benjamin A. Valentino in Security Studies (February 2022); “The Rule of Law and the Role of Strategy in U.S. Nuclear Doctrine” with Allen S. Weiner in International Security (Spring 2021); “Does the Noncombatant Immunity Norm Have Stopping Power?” with Benjamin A. Valentino in International Security (Fall 2020); and “Just War and Unjust Soldiers: American Public Opinion on the Moral Equality of Combatants” and “On Reciprocity, Revenge, and Replication: A Rejoinder to Walzer, McMahan, and Keohane” with Benjamin A. Valentino in Ethics & International Affairs (Winter 2019).

In 2022, Sagan was awarded Thérèse Delpech Memorial Award from the Carnegie Endowment for International Peace at their International Nuclear Policy Conference. In 2017, he received the International Studies Association’s Susan Strange Award which recognizes the scholar whose “singular intellect, assertiveness, and insight most challenge conventional wisdom and intellectual and organizational complacency" in the international studies community. Sagan was also the recipient of the National Academy of Sciences William and Katherine Estes Award in 2015, for his work addressing the risks of nuclear weapons and the causes of nuclear proliferation. The award, which is granted triennially, recognizes “research in any field of cognitive or behavioral science that advances understanding of issues relating to the risk of nuclear war.” In 2013, Sagan received the International Studies Association's International Security Studies Section Distinguished Scholar Award. He has also won four teaching awards: Stanford’s 1998-99 Dean’s Award for Distinguished Teaching; Stanford's 1996 Hoagland Prize for Undergraduate Teaching; the International Studies Association’s 2008 Innovative Teaching Award; and the Monterey Institute for International Studies’ Nonproliferation Education Award in 2009.     

Co-director of the Center for International Security and Cooperation
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Scott Sagan Co-Director of CISAC (on sabbatical 2008-09) and Professor of Political Science, Stanford University Speaker
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"Without a doubt, the U.S.-India nuclear deal presents a serious challenge to the NPT. But it also presents an opportunity to strengthening the regime and its most important, relevant elements."

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Bulletin of the Atomic Scientists
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The tenth anniversary of India’s and Pakistan’s 1998 nuclear tests enables scholars to revisit the issue of South Asian proliferation with a decade of hindsight. What lessons do the intervening years hold regarding nuclear weapons’ impact on South Asian security? Some scholars claim that nuclear weapons had a beneficial effect during this period, helping to stabilize historically volatile Indo-Pakistani relations. Such optimistic analyses of proliferation’s regional security impact are mistaken, however. Nuclear weapons have had two destabilizing effects on the South Asian security environment. First, nuclear weapons’ ability to shield Pakistan against all-out Indian retaliation, and to attract international attention to Pakistan’s dispute with India, encouraged aggressive Pakistani behavior. This, in turn, provoked forceful Indian responses, ranging from large-scale mobilization to limited war. Although the resulting Indo-Pakistani crises did not lead to nuclear or full-scale conventional conflict, such fortunate outcomes were not guaranteed and did not result primarily from nuclear deterrence. Second, these Indo-Pakistani crises led India to adopt a more aggressive conventional military posture toward Pakistan. This development could exacerbate regional security-dilemma dynamics and increase the likelihood of Indo-Pakistani conflict in years to come. Thus nuclear weapons not only destabilized South Asia in the first decade after the nuclear tests; they may damage the regional security environment well into the future.

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International Security
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The Long Shadow is the first comprehensive, systematic examination of the roles and implications of nuclear weapons in the dramatically different post–Cold War security environment. Leading experts investigate the roles and salience of nuclear weapons in the national security strategies of twelve countries and the ASEAN states, and their implications for security and stability in a broadly defined Asian security region that includes the Middle East.

The study also investigates the prospects for nuclear terrorism in Asia.

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Stanford University Press in "The Long Shadow: Nuclear Weapons and Security in 21st Century Asia"
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Nuclear energy is a clean and relatively economical source of electricity, generating nearly one-sixth of the world’s electricity today. It represents one of the few technologies that have the potential for significant scale-up to meet the growing global demand for energy without exacerbating global climate change. Yet, the power derived from splitting the nucleus can be used not only to electrify the world but to destroy it. Managing the balance between the promotion of peaceful uses of atomic energy and its destructive potential has been a major challenge since the first nuclear explosion in 1945. For the most part, this balance has been managed successfully during the growth of commercial nuclear power over the past 50 years.

The possibility for a substantial global expansion in civilian nuclear power in the coming decades, with attendant increases in uranium enrichment capacity and spent-fuel reprocessing and possibly growth in plutonium trade, gives rise to important security concerns. These expansions create both a challenge and an opportunity to strengthen the international system for monitoring and controlling the nuclear power enterprise.

To examine these concerns and opportunities more critically, and to consider options for mitigation, a workshop was held September 19–21, 2007, at Stanford University’s Center for International Security and Cooperation (CISAC), involving 45 experts from the nuclear and security communities. The workshop focused on the security implications associated with expanding nuclear power worldwide.

This report is not a consensus document but rather an attempt to summarize salient issues and observations put forward at the meeting, as augmented by the authors’ research. This report hopefully will contribute to a broader dialogue and help shape discussions of efforts to control, by both technical and political measures, the security risks associated with a global expansion in the use of nuclear power.

Finally, a workshop and report whose focus is specifically on the security concerns associated with nuclear power necessarily will have a negative tone, and perhaps even seem antinuclear. This was not our intention. Seen in a wider context, nuclear power may help alleviate global warming, foster development, contribute to energy security, and perhaps provide an arena for political cooperation. Finding comprehensive answers to a problem with this many dimensions was beyond the scope of both the three-day Stanford workshop and this report.

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Center for International Security and Cooperation
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Few U.S.-Russian cooperation efforts are more popular and less controversial than the "Megatons to Megawatts" program, also known as the HEU-LEU deal, which converts Russia's highly enriched uranium (HEU) from nuclear weapons into low-enriched uranium (LEU) for U.S. nuclear power reactors. Under the agreement that the countries signed in 1993, Moscow made a commitment to eliminate 500 metric tons of HEU--probably more than one-third of the total HEU stock that the Soviet Union produced during the Cold War. About 340 metric tons of HEU has already been converted into LEU, and the Russian uranium currently provides one-half of U.S. nuclear power, or about 10 percent of the country's electricity supply.

If 30 metric tons of HEU is downblended each year, the program will reach its goal in 2013, the year the initial agreement is set to expire. This raises the question, "What next?" In the United States, the HEU-LEU deal is universally viewed as a great success. Therefore, it's not surprising that there's been no shortage of proposals to accelerate the rate of downblending or to extend the program beyond its original deadline.

But because the U.S.-Russian HEU-LEU deal is implemented in a way that substantially increases the risk of theft of weapon-grade material, extending it would be wrongheaded.

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Bulletin of the Atomic Scientists Online
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The IISS Strategic Dossier on nuclear programmes in the Middle East provides a comprehensive overview of the history of nuclear programmes in the region, an evaluation of national nuclear capabilities and policies, and an analysis of future aspirations. The fact-rich country profiles, which include Israel and Turkey, also assess how each state may react to an Iranian nuclear weapons capability. In addition to analyzing the proliferation risks inherent in the nuclear fuel cycle, the dossier assesses policy options, including possible regional arms control measures, that can help allow atomic energy to be harnessed for peaceful uses without engendering a ‘proliferation cascade’.

Nuclear power plants alone are not a proliferation risk. Without enrichment or reprocessing capabilities, power-reactor fuel, whether fresh or spent, cannot be used for the production of nuclear weapons. There are various ways, however, in which reactor projects and related nuclear fuel-cycle facilities could be used to further a nuclear-weapons development programme. This chapter describes these various possible proliferation pathways. It should be stressed that no successful nuclear weapons programme has ever relied on commercial reactors. Most of the states that have pursued weapons programmes went on to construct nuclear power plants, but only after their dedicated military programmes were successful, nearing success or had been abandoned. The scenarios for proliferation activities related to nuclear power plants described here are, therefore, only hypothetical, but they cannot be ruled out, especially in light of the increasing availability of nuclear-weapons-related technologies spread by black-market networks.

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International Institute for Strategic Studies in "Nuclear Programmes in the Middle East: In the Shadow of Iran"
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Siegfried S. Hecker
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Siegfried Hecker testified April 30, 2008, about the importance of expanding the cooperative threat reduction programs to counter the growing proliferation of nuclear weapons and weapons capability. A formal written statement is also available: Hearing of the United States Senate Committee on Appropriations, Subcommittee on Energy and Water Development

Thank you Chairman Dorgan, Senator Domenici and distinguished members of the Committee for giving me the opportunity to comment on the National Nuclear Security Administration's Defense Nuclear Nonproliferation programs and its 2009 budget request. I have a written statement that I would like to submit for the record.

This morning I will summarize the three main points in my statement. My opinions have been shaped by 34 years at the Los Alamos National Laboratory and nearly 20 years of practicing nonproliferation with my feet on the ground in places like Russia, China, India, North Korea and Kazakhstan.  Much of this I have done with the strong support and encouragement of Senator Domenici.

1) The proliferation of nuclear weapons and weapons capability is growing. Today, we face a nuclear threat in North Korea, nuclear ambitions in Iran, a nuclear puzzle in Syria, recently nuclear-armed states in Pakistan and India, and an improved, but not satisfactory, nuclear security situation in Russia and other states of the former Soviet Union. The danger of nuclear terrorism is real. This is not a fight the United States can win alone. We cannot simply push the dangers beyond our borders. It is imperative to forge effective global partnerships to combat the threat of nuclear terrorism and the proliferation of nuclear weapons. Meeting these challenges requires diplomatic initiative and technical cooperation. The United States must lead international diplomacy and DOE/NNSA must provide technical leadership and capabilities. The NNSA has done a commendable job in nuclear threat reduction and combating nuclear proliferation. However, funds to support these activities are not commensurate with the magnitude or the urgency of the threat.

2) CTR began with Nunn-Lugar followed by Nunn-Lugar-Domenici legislation directed at the aftermath of the breakup of the Soviet Union. We must stay engaged with Russia and the other states of the Soviet Union. Much progress has been made, but more needs to be done. We have to change the nature of the partnership to one in which Russia carries more of the burden.

We should expand the cooperative reduction programs aggressively to other countries that require technical or financial assistance. The nuclear threat exists wherever nuclear materials exist. These materials cannot be eliminated, but they can be secured and safeguarded. We should more strongly support the International Atomic Energy Agency and provide more support to countries that try to implement UNSCR 1540 to prevent nuclear terrorism, for example.

We should enlist other nations such as China, India, and for that matter, Russia, to build a strong global partnership to prevent proliferation and combat nuclear terrorism. China and India have for the most part sat on the sidelines while the U.S. has led the fight. Russia has not engaged commensurate with its nuclear status. These efforts are particularly important if nuclear energy is to experience a real renaissance.

3) The hallmark of all of these efforts must be technology, partnership and in-country presence. The DOE/NNSA has in its laboratories the principal nuclear expertise in this country. It should be applauded for sending its technical experts around the world, often in very difficult situations (I met up with the DOE team in North Korea on a bitterly cold February day). However, both for structural reasons and budgetary shortfalls, that technical talent is slowing fading away. We do not have in place the necessary personnel recruitment or the working environment in the laboratories or the pipeline of students in our universities to replenish that talent. I strongly support the NNSA's Next Generation Safeguards Initiative, which is aimed at tackling this problem.

Mr. Chairman, when I first visited Russia's secret cities in 1992 shortly after the fall of the Soviet Union, I feared that its collapse may trigger a nuclear catastrophe. The fact that nothing really terrible has happened in the intervening 16 years is in great part due to the DOE/NNSA programs that your are considering today. We must now be just as innovative and creative to deal with the changing nuclear threat today.

In my statement I also mention the implications of my recent trips to North Korea and to India. However, since I am out of time, I will need to leave those for your questions.

Thank you for your attention.

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