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Global warming is changing environmental conditions in the Arctic and opening new opportunities for resource extraction. Greenland, long thought to have excellent potential for iron ore, copper, zinc, lead, gold, rubies, rare earth elements and oil, has looked to strengthen its economy through the development of these resources. For many in Greenland, including the current government, resource extraction is seen as a necessary step toward the ultimate goal of independence from Denmark.

On September 24, the Energy Security Initiative (ESI) and the John L. Thornton China Center at Brookings hosted Premier Aleqa Hammond of Greenland for an Alan and Jane Batkin International Leaders Forum address on the future of natural resource extraction in Greenland. Following her address, a panel discussion highlighted the findings of a new Brookings report, “The Greenland Gold Rush: Promise and Pitfalls of Greenland’s Energy and Mineral Resources.” Report co-author Kevin Foley, a doctoral candidate at Cornell University, was joined on the panel by ESI Director Charles Ebinger and University of Copenhagen Professor Minik Rosing, who served as a discussant. The panel was moderated by Jonathan Pollack, a senior fellow with the China Center and Center for East Asia Policy Studies at Brookings.

This event was part of the Alan and Jane Batkin International Leaders Forum Series, a new event series hosted by Foreign Policy at Brookings which brings global political, diplomatic and thought leaders to Washington, D.C. for major policy addresses.

 Join the conversation on Twitter using #Greenland

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• Natural Resource Development in Greenland: An Alan and Jane Batkin International Leaders Forum with Greenland's Premier Aleqa Hammond

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In recent weeks, many analysts have expressed considerable surprise as oil prices have hit $80 per barrel and prices at American gas pumps have fallen. This “surprise” seems to have crept up on us, but evidence of shifting market demand and energy production has been available for some time. Over the past three years, high oil prices have generated increased interest in oil and gas in remote locations such the Arctic and East Africa. In addition, breakthroughs in oil and gas technology have also driven the development of unconventional oil and gas resources in regions of the world that were previously considered too high-cost, too high-risk or too far away from established markets for profitable energy production. Further, as a result of climate change melting Arctic ice, new oil fields and delivery routes have opened up, while technological advancements in resource extraction are opening vast new regions for resource exploration in countries like Mozambique and Tanzania, which lack even the most the most basic infrastructure and need high energy prices to justify their development.

Despite possible environmental and infrastructure challenges, a number of countries and regions are motivated to pursue increased resource development and extraction for a variety of non-energy related reasons. For example, the political leadership of Greenland views the development of energy and mineral resources as an opportunity to gain independence from Denmark. For its part, Canada sees the development of its northern territories as a way to bolster its claims to national sovereignty over its “internal waters,” a view contested by both Washington and Moscow. In the case of Russia, development of the Yamal Peninsula and its offshore Arctic waters has been a major priority for President Vladimir Putin, who believes the policy will catapult Russia into the vanguard of future global oil and gas producers and, as a result, will make Russia a market player in the Far East as well as Europe.

Unfortunately, while these emerging energy producers are coming on line, the market for energy has been shrinking—at least for the near-term. Since June 2014 (when oil was at $115 per barrel), oil prices have been in a free fall, with demand dropping across Europe, Japan, India, China, Brazil and much of the emerging world market. The drop in demand is the result of a number of factors, including:

• Slowing global economic growth;
• Rising global oil production (especially in North America);
• Unexpected resumption of oil production in Libya, Nigeria, South Sudan and Iraq;
• Increasing energy efficiency, a response to three years of oil prices in excess of $110 per barrel, which, in turn, had an impact and continues to impact long-term global demand;
• A decision by Saudi Arabia in August 2014 to cut oil production by 400 thousand barrels per day, an attempt to defend its market share in the face of falling global oil prices;
• Record oil output from Russia;
• Surging natural gas liquids and hydrocarbon gas liquids production outside the OPEC quota system;
• Natural gas eating away oil’s market share as a refining fuel and as a feedstock in petrochemicals;
• The decision by Japan to restart some of its nuclear reactors, reducing forward demand for fuel oil in the power sector;
• Dumping of oil onto the marketplace by hedge fund managers who had gone long on oil prices (by some estimates as much as two million barrels per day) in anticipation of further price rises – the hedge funds had no alternative but to liquidate their positions when the market turned against them.

In August, Saudi Arabia tried and failed to stop the slide in oil prices. Now supported by the United Arab Emirates and Kuwait, the Saudis have decided to send a message to the world market that it will do whatever is necessary to maintain its market share, even accepting a near-term loss in revenue over the next two years. The Saudi goal is to slow or halt unconventional oil production, which is undermining their market share and profits. The short-term decline in oil prices also serves Saudi Arabia’s agenda by hurting their adversaries (Iran and Iraq) and squeezing Russia’s ability to fund the Assad regime in Syria.

However, the Saudis and their allies may be overlooking the complex economics of unconventional oil production in North America. For example, while drilling new wells in some unconventional basins may not be profitable at $80 per barrel, many existing wells have largely been amortized by current tax policies making them economic at prices in some basins such as the Permian at prices as low as $40 to $50 per barrel. The most important factor is that the production profile of many unconventional wells is very different. For example in the Bakkan wells flow very strongly but then crash often initially only recovering four percent of the oil in place while the Permian wells tend to plateau but ultimate recovery is much higher.

While various pundits have opined on this question, the truth of the matter is that no analyst really knows the full range of production costs across the unconventional crude oil production continuum since this information is highly proprietary. Nonetheless, with oil prices for West Texas Intermediate (WTI) at $81 per barrel and Brent at $83 per barrel and with Wall Street in turmoil and Europe poised on the brink of a new recession, the specter of a major price decline similar to that of 2008 cannot be ruled out. While prices could overshoot on the downside, I believe that prices will fall to $60 to $70 per barrel, before stabilizing at a level still far above the $38 per barrel we saw in 2008.

The precipitous drop in oil prices could not have come at a worse time for U.S. oil producers, who have been advocating for the United States to lift the long-time ban on crude oil exports (in place since 1975).  According to the Brookings Energy Security Initiative’s research on the issue, if the ban were to be lifted immediately, the United States could be exporting 1.7 million to 2.5 million barrels per day (mmbd) by 2015. With the market in such a weak position and demand falling, adding as much as 2.5 mmbd to the world market would significantly drive down both crude oil and petroleum product prices (gasoline and home heating fuel). While beneficial to consumers in the near term, the effect on crude prices will only add to the current market turmoil and a further downward spiral in crude prices. Furthermore, with many unconventional oil wells also producing natural gas, to the extent that oil prices fall below $60 per barrel, some natural gas production could also be affected.

Keep in mind, however, that the further crude prices fall in the near term, the faster they may rebound, as low prices become the engine that leads to a resumption of demand and world economic growth. The fall in oil prices will have various effects on different countries, though the magnitude is often overstated. For example, any further fall in oil prices could have serious deleterious effects on the Russian economy. As a major oil export economy (with oil accounting for 14.5 percent of Russia’s gross domestic product), Russia’s budget for 2014 is predicated on an average price of $97 per barrel. Therefore a price slide to $80 per barrel or below would pose a major economic setback for that country. The fact that prices have averaged at $110 per barrel for the year-to-date however allows Russia some cushion in the event of a short term price drop – as do Russia’s large financial reserves. However, any prolonged drop in oil prices will pose serious challenges to the Russian economy.

Countries that produce at a high cost with large populations, subsidized consumer prices and various political constraints, such as Iran (sanctions), Indonesia (falling energy exports), Iraq (political turmoil), Nigeria (political instability and falling exports) and Venezuela (a collapsed economy in need of high export prices) will be thrown into turmoil. Fearful of low prices, Venezuela recently attempted and failed to call an emergency meeting of OPEC to discuss the situation. Given the already fragile nature of many of these regimes, the prospect of serious social upheaval cannot be ruled out. On the other hand, large oil importing countries such as China, India, Brazil, Japan and South Korea stand to benefit from falling oil prices.

It is against this backdrop that OPEC will meet in late November. The oil price slide and efforts to reverse it will be priority one on the ministers’ agenda. While the Saudis may be willing to cut production if all the other OPEC members also agree to substantial cuts, the prospects for an agreement are slim to none, given their individual internal political realities and revenue needs.

As a long-term observer of the oil market, I have seen this game played out in various manifestations over the last 40 years. We are clearly in for a wild ride; buckle your seat belts. 

Dear President Obama,

Your decision to give the Arctic National Wildlife Refuge (ANWR) wilderness status and to ban future oil and gas drilling on the Arctic Coastal plain represents the death knell of a coherent national petroleum policy, especially when combined with limitations on new leases in the Beaufort and Chukchi Seas. According to the U.S. Geological Survey, the Arctic Coastal plain alone contains an estimated 10.4 billion barrels of oil. These actions, combined with your hesitation to approve the Keystone XL pipeline (despite five environmental assessments which conclude that the pipeline can be built and operated safely) make your so-called “all of the above energy policy” a mockery of policy incoherence.

The lack of coherent policy and contradiction continues in other areas as well. While your supporters will argue that the simultaneous opening up of areas from the Chesapeake to North Florida and parts of the western Gulf Coast shows that you are willing to allow exploration in areas deemed less environmentally sensitive, one has to query both your seeming lack of concern for East Coast bird and marine sanctuaries, not to mention possible despoliation resulting from the potential for oil spills along the East Coast. Is protection of the endangered loggerhead sea turtle and the ACE Basin along the East Coast really of lesser concern than protection of the walrus and polar bear in the Arctic? Furthermore, nearly one-third of all seafood production in the continental United States is harvested in the Gulf. The argument that Alaska is to be protected because of its “special” environmental concerns seems hypocritical given the vital importance of the petroleum industry to the Alaskan economy. Meanwhile the East Coast does not need the petroleum industry to survive or as a means of large scale employment like Alaska does.

Before President Clinton placed the Arctic Coastal plain off limits for drilling, the Department of the Interior conducted a study on the impact oil and gas drilling might have on the polar bear habitat in the region, an area equal in size to Rhode Island. The study found that there were less than four established polar bear dens in the whole region, suggesting the possibility, however remote, in the minds of Clinton administration officials, that Arctic wildlife and marine life can co-exist with development, as they have done at Prudhoe Bay since oil production commenced in 1978. Likewise, it is useful to remember that when the Trans-Alaska Pipeline system (TAPS) was built, many in the environmental community predicted a disaster for the migration of caribou herds across northern Alaska. Today, the caribou population is in fact larger than at the time the pipeline was built.

Mr. President, your actions would be hard enough to understand if they only centered on diverse points of view about the nature of fossil fuel usage and how fast we can transition to a non-fossil fuel era—not only in the United States but also around the globe. While your administration may see the closing of Alaska and the opening of the East Coast to oil and gas drilling as giving each side a bit of what they want, you fail to see that these are not juggling the interests of two constituencies. Rather, these are localized issues with high stakes, especially for the people of Alaska who often do not have the diverse employment opportunities found along the East Coast. In Alaska, the economic vitality of the state is deeply tied to resource extraction. The royalties and taxes from those industries fund the state’s public education and health care systems, while also providing Alaskans with jobs as ship captains, oil field workers, fishery workers, etc.

Further, your actions on ANWAR and the Coastal Plain are seen as likely to end any hope of revitalizing the TAPS flow rate and the resulting enhanced revenues generated through new sources of production. Mr. President, for thousands of years native Inuit populations have inhabited regions bordering the Beaufort and Chukchi Seas, living on local fish and wildlife and native flora and fauna. With the discovery of oil and the inflow of oil-related money, the Inuit people have seen vast improvements in their health, life expectancy, education and financial security. Now with Prudhoe Bay production in serious decline and TAPS running at less than 600,000 mbd (down from 2 mmbd), the benefits that have accrued to them—as well as all Alaskan citizens through the royalty and taxes placed in Alaska’s Permanent Fund—are in danger of being lost, casting Alaska once again into the status of a subjugated territory of the lower 48 states.

Mr. President, in May, the United States will take over chairmanship of the Arctic Council, a pan-Arctic organization designed to address Arctic issues in a multilateral context. Alaska is our only state in the Arctic, and because of Alaska we are an Arctic nation. It also is the only place where we share a border with Russia providing an opportunity for collaboration rather than the confrontation we see today. It seems strange that, at a time when we will be in a position to lead the Arctic nations on mitigating the threats posed to the region by climate change and in insuring that the opportunities for resource development are done using environmentally-sound practices through effective regulation and oversight that we choose now to close off this great resource rather than allowing their benefits to flow to the local Alaskan population while providing resources for the nation as well as the rest of the world.

In a few short weeks, the National Petroleum Council, after months of painstaking work, will submit a report on the future direction of the nation’s Arctic policy and on offshore oil and gas development in Alaska. This report was done at the request of Secretary of Energy Ernest Moniz. As a member of the deliberative study group that consulted on the report, I hope you will examine its findings closely and hopefully will reconsider the opportunities afforded by prudent development of this vast resource in a way that recognizes the interests of Alaskans as well as the broader interests of our nation.

Is it possible to isolate the well-established mode of Arctic cooperation from the disruptive impact of the Ukraine crisis? Many stake-holders in cooperative projects with Russia keep insisting on an affirmative answer and seek to bracket out tensions emanating from such obscure locations as Debaltsevo or Mariupol. The European Union (EU), which is due to adopt a new Arctic Policy by the end of the year, would have been content to maintain the focus on environmental protection and economic development; the discussions in Brussels, however, have increasingly shifted to far less appealing “hard security” matters. Officials from the European Commission seem deeply reluctant to deal with Russia’s military activities in the high north but have to acknowledge that they are making it much more difficult to cooperate with Russia. As April’s Arctic Council ministerial meetings approach, the United States and Europe must be realistic about the ways in which far away events will negatively affect the possible achievement of their goals. 

Moscow is expanding rather than camouflaging the scope of exercises undertaken by its newly-formed Arctic Joint Strategic Command. Russian President Vladimir Putin used to proudly proclaim Russia’s abiding interest in Arctic cooperation, but even the most pro-engagement Arctic partners cannot fail to see that Russia’s interest is clearly slackening. This may be partly due to the disappearing attractiveness of exploration of the Arctic resources, since the estimated production costs of the off-shore platforms go far beyond the expected returns on the current level of oil prices. Another reason may be the disappointment in the commercial prospects of the Northern Sea Route (or Sevmorput), where maritime transit contracted by an astounding 77 percent in 2014, after several years of promising growth. A further reason may be Moscow’s recognition that the much trumpeted (and still not submitted) claim for expanding its “ownership” over the Arctic shelf cannot be legally approved because Denmark has presented its own claim, and the U.N. Commission on the Limits of the Continental Shelf cannot make any recommendations on clashing claims.

It is hard to find an active lobby in Russia for sustaining cooperative projects or at least the joint work in the Arctic Council, as many actors who promoted the Barents Cooperation in the 1990s, are either on a short leash (as is the case with regional governors) or branded as “foreign agents” (the NGOs that want to avoid such branding have to curtail or cut ties with Western colleagues). The appointment of Dmitri Rogozin as a chair of the new government commission on Arctic matters bodes ill for the cooperative endeavors because this firebrand “patriot” deservedly holds a spot on U.S., EU, and Canadian sanctions lists. 

The Russian Foreign Ministry is still circulating a message of commitment to the Arctic dialogue. The forthcoming session of the Arctic Council ministers in Iqaluit, Nunavut, Canada, might test this commitment with the issue of granting observer status to the EU. It was Canada who blocked the resolution of this issue at the previous meeting in Kiruna, Sweden, in 2013, but the controversy about seal products has been resolved, and Canada is ready to put the question on the agenda as its chairmanship of the Council expires. European Commission officials expect that during the 2015 meeting, Russia will raise objections because the EU is now seen as an antagonist, but EU officials still feel it is important to force Moscow to put their opposition on the record.

One external party that aims at enhancing and also at reformatting the Arctic cooperation is China, and while Moscow has to show eager attention to Beijing’s opinions, it cannot be comfortable with this “encroachment.” Russia’s traditional position has been that Arctic matters were the responsibility of the littoral states, but China insists on having a say and even entertains notions of the high north as a “global common,” a prospect which Moscow finds hard to swallow. 

It is indeed futile to praise the value of cooperative ties when seven members of the Arctic Council are compelled to tighten step by step the regime of sanctions against the eighth member, which is sinking into a deep economic crisis but persists in building its power projection capabilities in the High North. The usefulness of engaging Russia is beyond doubt, but it would be irresponsible to expect that joint projects in monitoring climate change could reduce the risks from expanding Russian military activities. The high north is one area where Moscow fancies itself to be in a position of power, but so far it has not found a way to enjoy it. It is not my intention to give the Kremlin war-mongers ideas about putting this military advantage to good political use, but when the likes of Rogozin or Nikolai Patrushev (secretary of the Security Council and former head of the Russian Federal Security Service) profess particular interest in the Arctic, it is only prudent to expect a brainstorm of sorts. The technique of “hybrid war” is not only the continuation but also a driver of Putin’s politics of confrontation, and this drive transforms the unique Arctic landscapes into just another “theater.”

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This April, the United States will assume chairmanship of the Arctic Council for a two-year term. Since the last U.S. chairmanship fifteen years ago, the Arctic has changed dramatically. Melting sea ice has impacted indigenous communities as well as wildlife in significant ways. New Arctic transportation corridors have opened and new prospects for offshore oil and gas development have emerged. The region’s growing strategic, economic, and environmental importance has made U.S. policy toward the Arctic more of a priority than ever before. Recent statements from the White House have emphasized the opportunity for the United States to lead in global efforts to mitigate climate change impacts in the region, govern resources responsibly, and protect Arctic ecosystems and inhabitants.

On March 12, the Energy Security and Climate Initiative (ESCI) at Brookings will host Admiral Robert J. Papp, Jr., the U.S. special representative for the Arctic, for a keynote address on the future of U.S. policy for the region. Deputy Director for Foreign Policy at Brookings Bruce Jones will provide introductory remarks, and ESCI Senior Fellow Charles Ebinger will moderate the discussion and audience Q&A. 

 Join the conversation on Twitter using #USArctic

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• U.S. leadership in the Arctic

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Can the United States and Russia actually cooperate in the Arctic? It might seem like wishful thinking, given that Russian Prime Minister Dmitry Medvedev asserted that there is in fact a “New Cold War” between the two countries in a speech at the Munich Security Conference. Many people—at that conference and elsewhere—see the idea as far-fetched. Sure, Russia is launching air strikes in what has become an all-out proxy war in Syria, continues to be aggressive against Ukraine, and has increased its military build-up in the High North. To many observers, the notion of cooperating with Russia in the Arctic was a non-starter as recently as the mid-2015. There have been, however, significant changes in Russia’s behavior in the last several months—so, maybe it is possible to bracket the Arctic out of the evolving confrontation.

These and other matters were the subject of discussion at a recent conference at the Harriman Institute of Columbia University in New York, in which we had the pleasure to partake last week.

Moscow learns its limitations

Russia steadily increased its military activities and deployments in the High North until autumn 2015, including by creating a new Arctic Joint Strategic Command. There have been, however, indirect but accumulating signs of a possible break from this trend. Instead of moving forward with building the Arctic brigades, Russian top brass now aim at reconstituting three divisions and a tank army headquarters at the “Western front” in Russia. News from the newly-reactivated airbases in Novaya Zemlya and other remote locations are primarily about workers’ protests due to non-payments and non-delivery of supplies. Snap exercises that used to be so worrisome for Finland and Norway are now conducted in the Southern military district, which faces acute security challenges. Russia’s new National Security Strategy approved by President Vladimir Putin on the last day of 2015 elaborates at length on the threat from NATO and the chaos of “color revolutions,” but says next to nothing about the Arctic.

The shift of attention away from the Arctic coincided with the launch of Russia’s military intervention in Syria, and was strengthened by the sharp conflict with Turkey. Deputy Prime Minister Dmitri Rogozin—who used to preside over the military build-up in the High North—is these days travelling to Baghdad, instead. Sustaining the Syrian intervention is a serious logistical challenge on its own—add low oil prices into the mix, which threw the Russian state budget and funding for major rearmament programs into disarray, and it’s clear that Russia is in trouble. 

The shift of attention away from the Arctic coincided with the launch of Russia’s military intervention in Syria, and was strengthened by the sharp conflict with Turkey.

The government is struggling with allocating painful cuts in cash flow, and many ambitious projects in the High North are apparently being curtailed. In the squabbles for dwindling resources, some in the Russian bureaucracy point to the high geopolitical stakes in the Arctic—but that argument has lost convincing power. The threats to Russian Arctic interests are in fact quite low, and its claim to expanding its control over the continental shelf (presented at the U.N. earlier this month) depends upon consent from its Arctic neighbors.

Let’s work together

Chances for cooperation in the Arctic are numerous, as we and our colleagues have described in previous studies. The current economic climate (i.e. falling oil prices, which makes additional energy resource extraction in most of the Arctic a distant-future scenario), geopolitical climate (sanctions on Russia targeting, amongst others, Arctic energy extraction), and budget constraints on both ends (Russia for obvious reasons, the United States because it chooses not to prioritize Arctic matters) urge us to prioritize realistically.

• Improving vessel emergency response mechanisms. Though many analysts like to focus on upcoming resource struggles in the Arctic, the chief concern of naval and coast guard forces there is actually increased tourism. Conditions are very harsh most of the year and can change dramatically and unexpectedly. Given the limited capacity of all Arctic states to navigate Arctic waters, a tourist vessel in distress is probably the main nightmare scenario for the short term. Increased cooperation to optimize search and rescue capabilities is one way to prepare as much as possible for such an undesirable event. 
• Additional research on climate change and methane leakage. Many questions remain regarding the changing climate, its effects on local flora and fauna, and long-term consequences for indigenous communities. Increasingly appreciated in the scientific community, an elephant in the room is trapped methane in permafrost layers. As the Arctic ice thaws, significant amounts of methane may be released into the atmosphere, further exacerbating global warming.
• Expanding oil emergency response preparedness. The current oil price slump likely put the brakes on most Arctic exploration in the short term. We also believe that, unless all long-term demand forecasts are false, an additional 15 million barrels of oil per day will be needed by 2035 or so—the Arctic is still viewed as one of the last frontiers where this precious resource may be found. At the moment, Arctic states are ill-prepared to deal with a future oil spill, and more has to be learned about, for instance, oil recovery on ice and in snow. The Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic was an important first step.
• Preparing Bering Strait for increased sea traffic. As the Arctic warms, increased sea traffic is only a matter of time. The Bering Strait, which is only 50 miles wide at its narrowest point, lacks basic communication infrastructure, sea lane designation, and other critical features. This marks another important and urgent area of cooperation between the United States and Russia, even if dialogue at the highest political level is constrained. 

Can the Arctic be siloed?

There is no doubt that the current cooled climate between Russia and the other Arctic states, in particular the United States, complicates an ongoing dialogue. It is even true that it may prohibit a meaningful conversation about certain issues that have already been discussed. 

Skeptics will argue that it is unrealistic to isolate the Arctic from the wider realm of international relations. Though we agree, we don’t think leaders should shy away from political dialogue altogether. To the contrary, in complicated political times, the stakes are even higher: Leaders should continue existing dialogues where possible and go the extra mile to preserve what can be preserved. Russia’s desire for expanding its control over the Arctic shelf is entirely legitimate—and opens promising opportunities for conversations on issues of concern for many states, including China, for that matter.

Realists in the United States prefer to focus on expanding American military capabilities, their prime argument being that Russia has significantly more capacity in the Arctic. While we would surely agree that America’s current Arctic capabilities are woefully poor, as our colleagues have described, an exclusive focus on that shortcoming may send the wrong signal. 

We would therefore argue in favor of a combined strategy: making additional investments in U.S. Arctic capabilities while doubling down on diplomatic efforts to preserve the U.S.-Russian dialogue in the Arctic. That may not be easy, but given the tremendous success of a constructive approach in the Arctic in recent years, this is something worth fighting for. Figuratively speaking, that is.

The Center for Neighborhood Technology, a Chicago-area nonprofit promoting urban sustainability, has a long-run vision of a Chicagoland building energy-efficiency system, which, if started up quickly, would help to effectively deploy relevant stimulus dollars in the near-term. Its activities focus on ramping up existing weatherization and retrofit programs in the short-term to take best advantage of current stimulus dollars while at the same time building the institutional capacity to launch and sustain a new regional initiative aimed at coordinating energy efficiency information, financing, and service delivery for the seven-county region over the long-term.

The Center for Neighborhood Technology (CNT) is using ARRA and other resources to work toward a long-run vision of a sustainable regional energy efficiency system. CNT envisions a centrally-coordinated initiative— either through a new stand-alone entity or a formalized network—to manage the financing, marketing, performance monitoring and certification, information provision, supply chain development, and customer assistance required to efficiently scale up the delivery of retrofit services for all types of buildings across the Chicago region.

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Ninety-three years ago yesterday, the Boston police force went on strike, leaving the city unprotected while the state scrambled to find replacements. Governor Calvin Coolidge’s declaration of support for the city—he said that “There is no right to strike against the public safety, anywhere, anytime”—established his national reputation that ultimately led to the presidency.

Public outrage at labor actions that compromise public safety has historically been a bipartisan affair.  Coolidge was a Republican but his actions earned the respect of Democratic President Woodrow Wilson, who hailed his re-election as Massachusetts governor as “a victory for law and order.” Nearly 20 years later, President Franklin Roosevelt shared his view that a strike by public employees of any sort is “unthinkable and intolerable.”

The impacts of the Chicago teacher strike that began today may not be as immediately obvious as the looting and vandalism that descended on Boston in 1919, but they are just as serious. Research from a large, urban school district found that teacher absenteeism has a negative impact on student learning in math.

But a strike doesn't leave students with substitute teachers—it leaves them without any school at all. Research on summer learning loss shows that being out of school has a disproportionate effect on low-income students. One recent study found that “while all students lose some ground in mathematics over the summer, low-income students lose more ground in reading, while their higher-income peers may even gain.” In other words, the consequence of being out of school is to increase the already unacceptably large achievement gap between low-income students and their affluent peers.

The American labor movement has made important contributions in areas ranging from workplace safety to child labor to employment discrimination. There are good reasons to believe that the public ought to accept higher coal prices resulting from a strike to protect the lives of miners. But the public should not tolerate damage to the education of disadvantaged students resulting from a strike over disagreements about teachers’ salaries, benefits, job security, and method of evaluation.

The Chicago Teachers Union’s differences with the city over how the public schools ought to be run may well be legitimate. But those battles should be fought in the court of public opinion and ultimately at the ballot box, not through strikes that come largely at the expense of poor children.

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Prime Minister Narendra Modi has made India’s external relations a key focus of his policy agenda over the past year and a half. The recently released book, "The Oxford Handbook of Indian Foreign Policy" (Oxford Press, 2015), is well-timed. Edited by David M. Malone, C. Raja Mohan, and Srinath Raghavan, the "Handbook" includes essays which focus on the evolution of Indian foreign policy, its institutions and actors, India’s relations with its neighbors, and its partnerships with major world powers.

On November 13, the Foreign Policy program at Brookings hosted a panel discussion featuring some of the contributing authors to the "Handbook." The panelists discussed the current state of Indian foreign policy, its past, and its future, as well as the tools available to India’s foreign policy practitioners today and the constraints they might face.

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• Indian foreign policy: Ideas, institutions, and practice

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In this paper, we outline the manner in which design can help promote the Indian economy. We look at the status of design in India, review the country’s development challenges, discuss the opportunities of a design economy, and make recommendations to enhance design in India.

Highlights of Main Findings

• India’s design capacity in the number of patents granted is approximately 3 percent of China and less than 2 percent of the U.S.A.
• India’s industrial design capacity is approximately 1 percent of China and 6 percent of the U.S.A.
• Historically, non-resident entities have been granted the most number of patents within India.
• Since 2012, more patents have been granted to Indian entities abroad than the number of patents granted by the Indian government to either resident or non-residents entities within India.
• While in India and the U.S.A. the most number of patents are annually granted to non-resident entities, in China the most number of patents have been granted to resident Chinese entities since 2008.
• Among the broad economic factors that affect design economy in India, the role of higher education, FDI, digital connectivity, infrastructure and trade have been identified as the most important.

Some specific policy recommendations to boost design economy in India are:

• Curricular reform for research and development in higher education
• Workforce development for R&D sector
• Establishing design labs and special economic zones to focus on R&D
• Developing and enforcing domestic legislation for intellectual property protection<.li>
• Promoting greater collaboration between business, government, and academia

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With the 2010 Census a little over a year away, the nation is at a critical juncture in its planning and preparation for the next decennial enumeration.

There is much at stake. Without a full count of the U.S. population, Congress and the administration will lack the accurate data necessary for reapportionment and redistricting, to make critical decisions about community services, and to distribute $300 billion in federal funds to state and local governments every year.

On March 18, the Brookings Institution and the National Association of Latino Elected and Appointed Officials (NALEO) hosted a discussion on urgent and emerging issues affecting the coming census. Brookings Vice President and Director of Governance Studies Darrell West set the context on new political realities and how this weighs on the 2010 Census. The panelists, moderated by NPR’s Ron Elving, considered the capacity of the Census Bureau to effectively carry out the enumeration, including an examination of the funds provided in the economic stimulus plan and the Obama administration's budget for the 2010 Census.

The forum also explored the issues facing the Census Bureau as it prepares to implement its communications and outreach plan–a key element in meeting the challenge of reaching Latinos and other hard-to-count populations–with an emphasis on the impact of the nation's changing demographics and political climate. Brookings Fellow Andrew Reamer provided introductory and closing remarks.

After the program, panelists took questions from the audience. 

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• Politics, Policy and the 2010 Decennial Census

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Often considered among the most self-interested and least transparent systems in American democracy, the decennial process to redraw legislative district boundaries is now in full swing. On Monday, experts will review the results coming in from the states and discuss initiatives—from public mapping to independent commissions—to open up redistricting. Thomas Mann explains how this round may be a start toward transparency.

Executive Summary

During the first decade of the 21^st century the six states of the Mountain West — Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah — experienced unprecedented political and demographic changes. Population growth in all six states exceeded the national average and the region is home to the four states that underwent the largest population gains between 2000 and 2010. As a consequence, the region is now home to some of the most demographically diverse and geographically concentrated states in the country— factors that helped to transform the Mountain West from a Republican stronghold into America’s new swing region. This paper examines the impact that increased diversity and density are exerting on reapportionment and redistricting in each Mountain West state and assesses the implications that redistricting outcomes will exert both nationally and within each state in the coming decade.  Nationally, the region’s clout will increase due to the addition of three seats in the House of Representatives (one each in Arizona, Nevada, and Utah) and electoral contexts in Arizona, Colorado, Nevada, and New Mexico that will result in competitive presidential and senate elections throughout the decade. At the state level, the combination of term limits, demographic change, and the reapportionment of state legislative seats from rural to urban areas will alter the composition of these states’ legislatures and should facilitate the realignment of policy outcomes that traditionally benefitted rural interests at the expense of urban needs.

Introduction

As reapportionment and redistricting plans across the 50 states are finalized and candidate recruitment begins in earnest, the contours of the 2012 election are coming into focus. One region of the country where reapportionment (redistributing seats to account for population shifts) and redistricting (drawing boundaries for state legislative and congressional districts) are likely to have significant consequences in 2012 and beyond is in the six states of the Mountain West: Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah. Driven by explosive growth during the past decade, the Mountain West is now home to some of the most demographically diverse and geographically concentrated states in the country. As a consequence, the region has increasingly become more hospitable to Democrats, particularly Colorado, Nevada, and New Mexico and to a lesser extent Arizona. In this paper, I examine how these changes are affecting reapportionment and redistricting across the region. Specifically, after summarizing some of the key regional demographic and political changes, I offer a brief overview of the institutional contexts in which the maps are being drawn. This is followed by an assessment of outcomes in each state. I conclude with a discussion of the national and state level implications that reapportionment and redistricting are likely to engender across the Mountain West.

A Region in Transition

Between 2000 and 2010 population growth in all six Mountain West states outpaced the national average of 9.7 percent and the region contains the four states that experienced the largest percent population increase in the country (Nevada = 35.1 percent; Arizona = 24.6 percent; Utah = 23.8 percent, and Idaho = 21.1 percent).[i] As a consequence, Nevada and Utah each gained their fourth seats in the House of Representative and Arizona was awarded its ninth. Beginning with the 2012 election, the Mountain West will have 29 U.S. House seats (Idaho has two House seats, New Mexico has three, and Colorado has seven) and 41 Electoral College votes.

Across the Mountain West, population growth was concentrated in the region’s largest metropolitan statistical area (MSA).[ii] Most notably, the Las Vegas metro area is now home to nearly three out of four Nevadans — the mostly highly concentrated space in the region. In Arizona, roughly two-thirds of the population now resides in the Phoenix MSA, which grew by nearly 30 percent. The Albuquerque MSA experienced the largest overall increase as a share of total population (nearly 25 percent) and now contains 44 percent of New Mexico’s population. And while Idaho remains the state in the region with the least dense population, growth in the Boise MSA significantly outpaced that state’s overall population gain and nearly 40 percent of all Idahoans reside in and around Boise. On the other end of the spectrum are the Salt Lake City and Denver MSAs, which as shares of the Colorado and Utah populations decreased slightly from 2000. Still, better than half (50.57 percent) of all Coloradoans live in Denver and its suburbs and around 41 percent of Utah’s population is concentrated in the Salt Lake City MSA.

In addition to further urbanizing the region, the prior decade’s growth continued to transform the region’s demographics as all six Mountain West states are now more ethnically diverse as compared to a decade ago.[iii] The largest changes occurred in Nevada where the minority population increased by over 11 percent and now better than 45 percent of Nevadans are classified as non-white. While the bulk of this growth was among Hispanics, whose share of the population increased by 7 percent and are now 26.5 percent of all Nevadans, the Silver State also recorded large increases among Asian and Pacific Islanders. Arizona experienced similar increases as that state’s minority population mushroomed from 36.2 percent to 42.2 percent with Hispanics now constituting 30 percent of the population. In Colorado, the minority population increased by 3.5 percent to 30 percent. Nearly all of this change was caused by an increase in Hispanics, who now constitute 20.7 percent of the state’s population. New Mexico continues to be the Mountain West’s most diverse state as nearly three out of five New Mexicans are minorities and the state contains the region’s largest Hispanic population (46 percent). And while Idaho and Utah remain overwhelmingly white, both states’ non-white populations grew at levels similar to Colorado. Idaho is now 16 percent non-white (including a Hispanic population of 11.2 percent) and nearly one in five Utahans is a minority. Between 2000 and 2010, Hispanics increased by 4 percent to constitute 13 percent of Utah’s population.

Politically, these changes helped to create competitive electoral contexts across the region. Indeed, with the obvious exceptions of Idaho and Utah, the Mountain West is now more hospitable to the Democratic Party than it was in 2000. In particular, Democrats were able to make significant gains in Colorado, Nevada, and New Mexico and effectively flipped those states from Republican leaning in 2000 to Democratic leaning in 2010. In Arizona, the Democratic performance was highly variable and moved in near perfect tandem with the broader national political environment. At the same time, the downturn in Democratic support in 2010 indicates that the party has not yet consolidated its gains. Riding a favorable 2010 macro-environment, Mountain West Republicans gained one governorship (New Mexico), seats in ten of the region’s 12 state legislative chambers, and seven House seats (out of a total of 26 in the region).[iv] Thus, heading into the 2011 redistricting cycle, Republicans control the executive and legislative branches in Arizona, Idaho, and Utah and there are no Mpuntain West states where the Democrats have unified control as the partisan composition of the Colorado legislature is divided and Nevada and New Mexico have Republican governors and Democratic legislatures.

The Institutional Context

Because of variation in the institutional arrangements governing how each state approaches reapportionment and redistricting, the impact that the demographic and political changes outlined above are exerting on map drawing differs across the region. To be sure, there are a number of commonalities across the states such as requirements of equally populated U.S. House districts, minimum population variation for state legislative districts, and boundary lines that are compact, contiguous, and maintain communities of interests. 

Beyond these constraints, mapmakers across the region are afforded different degrees of latitude in how they go about doing their work. For instance, in Nevada and New Mexico, the residency of incumbents can be considered, while Idaho forbids it. Idaho allows for twice as much inter-district population variation for state legislative districts as Colorado and New Mexico, and Idaho only allows state legislative districts to cross county lines if the counties are linked by a highway. Arizona and Idaho mandate that two lower chamber districts be nested within the boundaries of a state senate seat, while Colorado, Nevada, New Mexico, and Utah do not. Nevada also allows for multi-member member state legislative districts. Lastly, Arizona’s redistricting plans must be pre-cleared by the U.S. Department of Justice. While Arizona is the only state in the region subject to preclearance, protection of minority voting rights also has been a point of contention in prior redistricting cycles in New Mexico.

The Mountain West states also vary in terms of who oversees the redistricting process. State legislators control the process in Nevada, New Mexico, and Utah, while Arizona and Idaho use commissions. In Colorado, the General Assembly draws the map for the state’s seven U.S. House seats, while a commission oversees the drawing of state legislative maps. For the three states that use commissions for either all or part of their processes, commission size and composition differs significantly and only the Arizona Independent Redistricting Commission (AIRC) is charged with drawing maps that are competitive.[v] 

However, the most significant constraint on reapportionment and redistricting in the Mountain West is the small size of the region’s state legislatures.[vi] The mix of small chambers, increased urbanization, and large geographic spaces means very large and increasingly, fewer and fewer stand- alone rural districts. This dynamic also helps to explain the region’s history of malapportionment that often allocated seats by county regardless of population.[vii] 

State Summaries

Based upon the overview presented above, expectations about the general contours of reapportionment and redistricting in the Mountain West are fairly straightforward: the clout of urban and minority interests will increase and to the degree that those factors benefit the Democrats, the Democrats should gain some partisan advantage. Realizing these outcomes, however, has proven to be less than amicable. With the exception of Utah, all other states in the region have had various aspects of their processes litigated, and map drawing for Colorado’s U.S. House seats and all of Nevada and New Mexico’s redistricting is being completed in state courts. Below, I summarize the status of reapportionment and redistricting in each state.

Arizona

Beginning its work amid criticism of its composition, calls for its abolishment, and an investigation by the Arizona attorney general, the voter-initiated Arizona Independent Redistricting Commission (AIRC) has struggled to balance the conflicting demands of drawing competitive districts with the protection of minority voting rights. The commission’s work has been further hindered by Republican Governor Jan Brewer’s unsuccessful attempt to impeach the commission’s nonpartisan chair. In addition, Arizona has filed a lawsuit in federal court challenging the state’s preclearance requirement.

Republican attempts to undermine the AIRC stem from the fact that given unified Republican control of the Arizona governorship and legislature, Republicans would otherwise be in a position to implement a partisan gerrymander. At the same time, the GOP’s present dominance is partially an artifact of the 2001 redistricting. To gain preclearance in 2001, the AIRC’s maps created a large number of majority-minority state legislative districts and minority-friendly U.S House seats by packing Democratic voters into these districts. In so doing, Democratic support in the surrounding districts was weakened; allowing Republicans to more efficiently translate their votes into seats.[viii] Thus, despite a slight partisan voter registration advantage (4.35 percent as of July 2011), Republicans presently hold more than two-thirds of the state legislative seats and five of eight U.S. House seats.

Given Arizona’s growth patterns between 2000 and 2010 coupled with the AIRC’s charge of creating competitive district, drawing a map as favorable to the GOP in 2011 is virtually impossible unless the size of the Arizona legislature is increased. Still, in order to protect minority voting rights, Arizona’s final maps are likely to tilt in favor of the GOP — just not to the degree that they have in the past. In particular, the elimination and consolidation of rural state legislative districts and a more urban orientation for Arizona’s nine U.S. House districts should provide the Democrats with electoral opportunities that will only increase as Arizona’s population continues to diversity and urbanize.

Colorado

As noted above, Colorado uses a commission (the Colorado Redistricting Commission) for redistricting state legislative seats and the Colorado General Assembly draws the maps for the state’s seven U.S. House seats. Neither process has gone smoothly. For the state’s seven U.S. House seats, the Democratic-dominated state senate and the Republican-controlled lower chamber failed to find common ground after exchanging two rounds of maps. Because Democratic governor John Hickenlooper refused to call a special session, redistricting of Colorado U.S. House seats was completed in state court. After a good deal of legal wrangling, the Colorado Supreme Court upheld a map favored by Colorado Democrats that creates two safe Republican districts, one safe Democratic district, and four districts where neither party’s registration advantage exceeds 4 percent. As a consequence, Colorado will feature a number of competitive U.S. House elections throughout the coming decade.

Map drawing for state legislative seats by the CRC has also been hindered by partisanship. Hoping to break a partisan stalemate, in late summer the nonpartisan chair of the CRC offered maps that combined parts of prior Democratic and Republican proposals to create thirty-three competitive seats (out of a total of 100) and twenty-four seats with Hispanic populations of 30 percent or more. After being approved by the CRC with some Republican dissents, the plan was rejected by the Colorado Supreme Court, which must sign-off on the CRC’s plans before they can be implemented. By attempting to draw more competitive maps — a criterion that the CRC is not obligated to consider – the CRC’s maps undermined its charge of producing districts that keep communities of interest intact. The CRC’s second set maps, which were widely viewed as favoring the Democrats, were upheld by the Colorado Supreme Court.

Idaho

While partisan considerations have loomed large in the reapportionment and redistricting processes in Arizona and Colorado, in Republican-dominated Idaho the main points of contention have been spatial. Indeed, because of the difficulty of satisfying a constitutional requirement limiting county splits and a state law constraining how geographic areas can be combined, the Idaho’s Citizen Commission for Reapportionment (ICCR) failed to reach an agreement before its constitutionally imposed deadline. After sorting through a number of legal and constitutional questions, a second set of commissioners were impaneled and completed their work in less than three weeks. Given Idaho’s partisan composition, the final maps are a regional anomaly as they benefit the GOP while being somewhat more urban oriented. This was accomplished by moving rural Republican voters into urban Democratic state legislative districts and adjusting the lines of Idaho’s 1st House district to shed roughly 50,000 citizens. At the same time, because of Idaho’s strict constraints on how cities and counties can be divided, the map for the state legislature paired a number of incumbents in the same district and one district contains the residences of five incumbents, setting up a number of competitive primary elections.

While growth patterns and demographic and partisan change in Nevada between 2000 and 2010 insured a redistricting process that would favor Democrats, Nevada Republicans sought to delay this inevitability as long as possible. The state’s Republican governor, Brian Sandoval, vetoed two sets of maps passed by the Democratic controlled legislature and Sandoval refused to call a special session to complete redistricting. Instead, he and his party hoped for a better outcome in state court. Despite drawing a supervising judge who was the son of a former Republican Governor, Nevada Republicans fared no better in state court. Ultimately, the process was turned over to three special masters who rejected Nevada Republicans’ claim that section 2 of the Voting Rights Act required a majority Hispanic U.S. House district.[ix] As a consequence, two of Nevada’s U.S. House seats favor Democrats, one is safely Republican, and the fourth is a swing district. In the Nevada legislature the representation of urban interests will increase as parts of or all of forty-seven of the sixty-three seats in the Nevada legislature are now located in the Democratic stronghold of Clark County. 

New Mexico

The 2011 process in New Mexico has essentially been a rerun of the gridlock that engulfed the state’s 2001 redistricting debate. Once again, the Democrats sought to use their control over both chambers of the New Mexico legislature to preserve their majorities and draw the boundaries for the state’s three U.S. House seats in manner favorable to the party. However, because of bickering among Democrats the legislature failed to approve its map for the state’s three U.S. House seats prior to the end of the special session and the plans for the state legislature that were passed on party line votes were vetoed by Republican governor Susana Martinez. Thus, once again, New Mexico’s divided state government coupled with the state’s history of litigating redistricting plans (in 2001 map drawing and court battles cost the state roughly $3.5 million) means that redistricting will be completed in state court. While the Republicans may be able to gain some concessions through the courts, New Mexico is the most Democratic state in the Mountain West and, as noted above, the state’s growth during the prior decade was concentrated in heavily Democratic Albuquerque and its suburbs. Thus, as in 2001, the likely outcome in New Mexico is a redistricting plan that will be favorable to the Democrats and weaken the influence of rural interests.

Utah

Utah is the only state in the region where conditions exist (e.g., unified partisan control in a non-commission state) for the implementation of a partisan gerrymander. However, to accomplish this end required the slicing and dicing of communities and municipalities particularly those in and around the state’s urban center. Most notably, in drawing the state’s four U.S. House seats, Republicans divided the Utah’s population center (Salt Lake City County) into four districts by combining parts of the urban core with rural counties - a plan that, not coincidentally, cracks the only part of the state where Democrats are able to compete. Similarly, maps for state legislative districts increase the number of seats that favor the GOP and, in many instances, protect incumbents from potential primary challengers by dividing communities into multiple districts. Democrats in Utah are so depleted that they were unable to get the Republicans to even agree to include recognition and protection of minority communities of interest to in Utah’s redistricting guidelines. Thus, despite constituting nearly 20 percent of the state’s population, minorities received no consideration in Utah’s 2011 redistricting.

Implications and Conclusions

Reapportionment and redistricting are often regarded as the most political activities in the United States; an expectation that is certainly being realized across the Mountain West. In the swing states where legislators draw the maps (for example, Colorado, Nevada, and New Mexico) but where state government is divided, partisan considerations loomed large, causing all of these states to conclude all or parts of their redistricting processes in the courts. The conflicts between Arizona’s preclearance requirement and the AIRC’s commitment to drawing competitive districts have partisan consequences as well. In one-party Idaho and Utah, the politics of space were at issue.  Geographic constraints on district boundaries imposed through statute and the Idaho constitution ensured that more rural seats were preserved and that the growing influence of urban interests will be checked. In Utah, Republicans moved in the opposite direction by carving up the very communities from which they are elected in order to implement a partisan gerrymander. 

Another school of thought, however, argues that the most typical redistricting outcome is not partisan gain or loss, but an uncertainty that shakes up the state political environment and facilitates political renewal. In the case of the Mountain West, there is evidence to support that claim as well. The biggest source of uncertainty will continue to be growth. While the economic downturn has slowed migration to the region, the Mountain West states remain poised to keep expanding in a manner that will further concentrate and diversify their populations. A second source of uncertainty is the region’s large number of nonpartisans. While redistricting is often framed as a zero-sum game played between Democrats and Republicans, the electoral hopes for either party hinges on its ability to attract the support of the region’s expanding nonpartisan demographic.[x] 

At the state level, with the exception of Idaho, the most significant consequence will be a reduction in rural influence. The combination of term limits in Arizona, Nevada, and Colorado, small legislative chambers, and fast growing urban populations will continue to decrease the number of entrenched rural legislators and the number of stand-alone rural districts. Consequently, urban interests should be positioned to align state policy with demographic reality. The void created by the demise of rural legislators will be filled by minorities, particularly Hispanics. To date, the increased political activism of Hispanic communities across the region has primarily benefited Democrats; helped in no small part by the hard-line rhetoric and policies championed by some Mountain West Republicans.[xi] More generally, depending on growth patterns, by 2020 Nevada and perhaps Arizona may join New Mexico as states with majority-minority populations. Thus, with or without Section 2 of the Voting Rights Act, minority legislators, primarily Hispanics, will increase their ranks significantly. The only question is whether all of these politicians will be taking office with a “D” next to their names or whether some will be elected as Republicans.  

Nationally, the impact of reapportionment and redistricting is mixed. Certainly, the addition of three U.S. House seats after the 2010 census will give more voice to regional issues in Washington D.C. At the same time, because the Mountain West’s House delegation will continue to be split along partisan lines and many of the region’s competitive House seats will rotate between the parties throughout the decade, it may be difficult for any but the safest Mountain West representatives to accrue the requisite seniority to become players in the House. Also, because of pending retirements in Arizona and New Mexico, a successful 2010 primary challenge in Utah, and a resignation in Nevada, the region’s influence in the U.S. Senate is likely to decline in the near term. Indeed, after the 2012 election the only senators from the region who will have served more than one term will be Nevada’s Harry Reid, Arizona’s John McCain, Idaho’s Mike Crapo, and Utah’s Orrin Hatch (presuming a successful 2012 reelection).

Thus, the arena where the region is likely to garner the most attention is in the coming decade’s three presidential elections. Colorado, Nevada, and New Mexico were all battleground states in 2004 and 2008, with Republican George W. Bush narrowly winning all three in 2004 and Democrat Barack Obama flipping them blue in 2008 by wider margins. Obviously, Idaho and Utah will remain out of reach for the Democrats in statewide contests for some time.  However, Arizona is likely to become the region’s fourth swing state in the near future. Thus, continued investment in Arizona and throughout the region will allow the Democrats to further expand the number of Mountain West states in play while forcing the GOP to spend resources to defend turf that it once could safely call its own.

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• The Impact of Density and Diversity on Reapportionment and Redistricting in the Mountain West

Editor's Note: For full disclosure, Tom Mann (joined by Norm Ornstein) filed an amicus curiae brief in Arizona State Legislature v. Arizona Independent Redistricting Commission.

James Madison would be pleased. The 5-4 decision announced today by the Supreme Court upholding Arizona’s use of the initiative to establish an independent redistricting commission is a model of constitutional reasoning and statutory interpretation. It underscores the essential connection between republican government and popular sovereignty, in which the people have the ultimate authority over who shall represent them in public office. The majority opinion quotes Madison to powerful effect: “The genius of republican liberty seems to demand . . . not only that all power should be derived from the people, but those entrusted with it should be kept in dependence on the people.”

Madison worried about the dangers of the manipulation of electoral rules to serve the immediate interests of political actors. He was himself the target of a gerrymander designed (unsuccessfully) to deny him a seat in the first Congress. The Elections Clause of the Constitution, by granting Congress the power to override state actions setting the time, place and manner of elections, was designed partly as a safety valve to contain the abuse of power by those in a position to determine which voters will hold them accountable.

Today’s intensely polarized politics drive major partisan campaigns to seize control of the redistricting authority in the states and to wield that power to boost prospects for majority standing in the House. Partisan gerrymandering is not the major source of our dysfunctional politics but it surely reinforces and exacerbates the tribal wars between the parties. A number of states have used the initiative device provided in their constitutions to establish independent commissions to replace or supplement the regular state legislative process in redrawing congressional and/or state legislative district boundaries. Such commissions are no panacea for partisan gerrymandering. Their composition and rules vary in ways that can shape the outcome. But the evidence suggests they can mitigate the conflicts of interest that are a part of the regular process and produce more timely plans less subject to judicial preemption.

The Court has upheld the right of those states to legislate electoral rules through a popular vote. Had the minority position prevailed, state laws governing many aspects of the electoral process would have been subject to constitutional challenge. And an important safety value available to the people of the states for responding to abuses of power by those in public office has been preserved.

This should not be read more broadly as a triumph of direct democracy over representative government. Many scholars who provided expert opinion supporting the majority opinion retain serious concerns about the overuse and misuse of initiatives and referendums. Instead, the decision strengthens the legitimacy of representative democracy by reinforcing the essential link between republican government and popular sovereignty.

Event Information

The Joint Comprehensive Plan of Action (JCPOA) adopted by Iran and the P5+1 partners in July 2015 was an effort not only to prevent Iran from acquiring nuclear weapons but also to avert a nuclear arms competition in the Middle East. But uncertainties surrounding the future of the Iran nuclear deal, including the question of what Iran will do when key JCPOA restrictions on its nuclear program expire after 15 years, could provide incentives for some of its neighbors to keep their nuclear options open.

In their Brookings Arms Control and Non-Proliferation Series monograph, “The Iran Nuclear Deal: Prelude to Proliferation in the Middle East?,” Robert Einhorn and Richard Nephew assess the current status of the JCPOA and explore the likelihood that, in the wake of the agreement, regional countries will pursue their own nuclear weapons programs or at least latent nuclear weapons capabilities. Drawing on interviews with senior government officials and non-government experts from the region, they focus in depth on the possible motivations and capabilities of Egypt, Turkey, Saudi Arabia, and the United Arab Emirates for pursuing nuclear weapons. The monograph also offers recommendations for policies to reinforce the JCPOA and reduce the likelihood that countries of the region will seek nuclear weapons.

On May 31, the Brookings Arms Control and Non-Proliferation Initiative hosted a panel to discuss the impact of the JCPOA on prospects for nuclear proliferation in the Middle East. Brookings Senior Fellow and Deputy Director of Foreign Policy Suzanne Maloney served as moderator. Panelists included H.E. Yousef Al Otaiba, ambassador of the United Arab Emirates to the United States; Derek Chollet, counselor and senior advisor for security and defense policy at the German Marshall Fund; Brookings Senior Fellow Robert Einhorn; and Brookings Nonresident Senior Fellow Richard Nephew.

Join the conversation on Twitter using #IranDeal

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• Introduction
• Discussion

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• The Iran nuclear deal: Prelude to proliferation in the Middle East?

Transcript

• Uncorrected Transcript (.pdf)

Event Materials

• 20160531_iran_nuclear_deal_transcript

When Iran and the P5+1 signed a deal over Tehran’s nuclear program last July, members of Congress, Middle East analysts, and Arab Gulf governments all warned that the agreement would prompt Iran’s rivals in the region to race for the bomb.

In a report that Bob Einhorn and I released this week, we assessed this risk of a so-called proliferation cascade. We look at four states in particular—Saudi Arabia, the United Arab Emirates, Egypt, and Turkey—and Bob briefly explores each case in another blog post out today. In the paper, we argue that although the likelihood of a proliferation cascade in the Middle East is fairly low, and certainly lower than a number of critics of the Iran deal would have you believe, it is not zero. Given that, here are eight steps that leaders in Washington should take to head off that possibility:

1. Ensure that the JCPOA is rigorously monitored, strictly enforced, and faithfully implemented;
2. Strengthen U.S. intelligence collection on Iranian proliferation-related activities and intelligence-sharing on those activities with key partners;
3. Deter a future Iranian decision to produce nuclear weapons;
4. Seek to incorporate key monitoring and verification provisions of the JCPOA into routine IAEA safeguards as applied elsewhere in the Middle East and in the global nonproliferation regime;
5. Pursue U.S. civil nuclear cooperation with Middle East governments on terms that are realistic and serve U.S. nonproliferation interests;
6. Promote regional arrangements that restrain fuel cycle developments and build confidence in the peaceful use of regional nuclear programs;
7. Strengthen security assurances to U.S. partners in the Middle East; and
8. Promote a stable regional security environment.

Taken together, these steps deal with three core challenges the United States faces in shoring up the nonproliferation regime in the region.

The first is that the central test of nonproliferation in the Middle East will come from how the JCPOA is believed to be meeting its core objective of preventing Iranian nuclear weapons development and Iranian establishment of regional hegemony. It cannot be stressed enough that the decision to pursue nuclear weapons by any state, including those in the region, starts with a sense of vulnerability to core security threats and an inability to address those threats through any other means. The history of nuclear proliferation is one of tit-for-tat armament in the face of overriding security imperatives. Both finished and aborted nuclear programs bear the hallmarks of a security dilemma impelling states to make the political, economic, and security investments into nuclear weapons.

This is no less true for countries across the region than for Iran. To the extent that the overall security environment can be stabilized, there will be less impetus for any Middle Eastern state to develop nuclear weapons. The United States should focus on:

• Fully implementing and enforcing all sides of the JCPOA (nuclear restrictions, transparency, and sanctions relief);
• Creating a strong sense of deterrence toward Iran, manifest most clearly in the passage of a standing Authorization to Use Military Force if Iran is determined to be breaking out toward acquisition of a nuclear weapon;
• Providing security assurances and backing them up with the mechanisms to make them actionable like joint exercises, logistical planning, and cooperation with a range of regional and extra-regional actors; and,
• Working to promote a more stable regional environment by seeking the resolution of simmering conflicts.

But, these latter two factors also point to another resonant theme in our research: the need for the United States to be a player. After decades of involvement in the region, the United States has yet to settle upon the right balance between involvement and remove. Yet, establishing this equilibrium is essential. States in the region need predictability in their affairs with the United States, including knowing the degree to which our assurances will stand the test of time.

States in the region need predictability in their affairs with the United States, including knowing the degree to which our assurances will stand the test of time.

In part for this reason, the United States should not only pursue deeper security relationships, but also civil nuclear cooperation with interested states throughout the region. Such a relationship both ensures a closer link between the United States and its partners and discourages the spread of enrichment and reprocessing technology by disincentivizing countries from “going it alone.” In the Middle East, the United States would need to find a formulation that offers some flexibility (such as by building in language that would permit the United States to terminate any nuclear cooperation arrangements in the face of sensitive fuel cycle development by the other side).

The United States should also share intelligence more closely with its partners in the region. This is helpful in the short term, of course, but also helps the United States understand the mindset of and intelligence picture of its regional partners in a broader sense. It also helps leaders in Washington address concerns brought about by unfounded rumors or speculation as to Iran’s intentions or capabilities.

Changing how we do business

Even more important than how the JCPOA was negotiated will be how we transition from its restrictions and transparency mechanisms into a new world in 15 to 20 years. 

The United States seek to incorporate elements of the JCPOA into normal international monitoring practices and should negotiate new arrangements to help govern the future development of nuclear technology in the region. 

To achieve the former, the IAEA will need to make some changes to how it does business. For example, the IAEA determines how best to implement its monitoring mission, contingent on acceptance by the country being inspected. The United States and its partners should work with the IAEA (and other countries with significant nuclear activities) to make some parts of the JCPOA standard operating practice, such as online monitoring of enrichment levels. Other elements of the JCPOA may require agreements at the IAEA and beyond for how nuclear-related activities, including those that could have value for nuclear weaponization, are handled. It might be hard to get agreement, not least because there is clear language in the JCPOA that states that it will not be seen as a precedent for future nuclear nonproliferation efforts. However, it should still be the ambition of the United States to make such steps part of the norm. 

A far more difficult lift would be organizing a regional approach to the nuclear fuel cycle. This is not the same as creating a multilateral fuel cycle, though some elements that approach would be helpful. Rather, the United States should find ways to craft regional agreements or, failing that, moratoria on aspects of the fuel cycle that others in the region would find threatening. It would be easier to negotiate constraints some aspects than others. For example, spent fuel reprocessing is rare in the Middle East, with only Israel having been known to do it to a significant degree. It may therefore be an attractive first place to begin. Enrichment would be altogether more difficult, but it may be possible to convince states in the region to forego the expansion of their enrichment programs beyond their status quo. For Iran, it would continue to possess uranium enrichment but with constraints that limit the utility of this program for weapons production; its incentive would be to avoid creating the rationale for regional competition. For other countries in the region, it would involve holding off on enrichment, but also on the financial and political investment enrichment would involve—as well refraining from creating a security dilemma for Iran that could produce miscalculation in the future.

While some of these recommendations are more challenging (and may prove impossible), others are potentially easier. By taking a multifaceted approach, the United States increases the chances that no further weapons of mass destruction proliferate in the Middle East down the road. 

Editors’ Note: Richard Nephew and Bob Einhorn spoke about their new report at a recent Brookings event. You can see the video from the event here.

Was the Iran nuclear deal, signed last summer, a prelude to proliferation across the Middle East? This is a question that Brookings Senior Fellow Robert Einhorn and Non-resident Senior Fellow Richard Nephew explore in a new report. At an event to discuss their findings—moderated by Brookings Deputy Director of Foreign Policy and Senior Fellow Suzanne Maloney and with panelists Derek Chollet and H.E. Yousef Al Otaiba—Einhorn and Nephew argued that none of the Middle East’s “likely suspects” appears both inclined and able to acquire indigenous nuclear weapons capability in the foreseeable future. They also outlined policy options for the United States and other members of the P5+1.

Einhorn described the incentives and capabilities of Egypt, Saudi Arabia, Turkey, and the United Arab Emirates for acquiring nuclear weapons. He argued that, while both Saudi Arabia and the UAE a) consider Iran a direct military threat, b) have concerns about the U.S. commitment to the security of the region, and c) have sufficient financial resources, they recognize that they have no choice but to rely on the United States for their security and are unwilling to jeopardize that relationship by seeking nuclear weapons. Einhorn also said that both Egypt and Turkey do not view Iran as a direct military threat and are more preoccupied with instability on their borders and internal security, concerns that cannot be addressed by possession of a nuclear weapons capability.

Nephew outlined policy recommendations, including measures to ensure strict implementation of the JCPOA, greater intelligence sharing and security cooperation with Middle East allies, and means of fostering IAEA-supervised regional arrangements that would encourage peaceful nuclear energy development and limit potentially destabilizing nuclear activities. Nephew also asserted that some elements of the JCPOA, such as online monitoring of nuclear facilities, could be applied to other nuclear energy programs in the region to enhance transparency. 

Derek Chollet of the German Marshall Fund argued the United States must deter Iran and reassure U.S. allies by maintaining a robust military presence in the region, planning a range of U.S. responses to destabilizing Iranian activities, and ensuring that U.S. forces have the weapons systems and personnel required for scenarios involving Iran. He suggested that the United States and its Middle East allies continue regular summit meetings on security and broader partnership issues, and possibly formalize security cooperation by establishing a dedicated regional security framework. 

Emirati Ambassador to the United States Yousef Al Otaiba emphasized that, to many of the countries in the region, Iran poses a threat wider than just its nuclear activities. He suggested that the JCPOA will be judged on the degree to which the United States and its allies address Iran’s destabilizing behavior outside of the nuclear file, such as Tehran’s support for Hezbollah and the Houthis, as well as its ballistic missile activities. Al Otaiba said that, though he has seen some efforts by the Obama administration to push Iran on its regional behavior, it has sent a mixed message overall, with senior U.S. officials also encouraging European banks to invest in Iran. The ambassador asserted that rigorous enforcement of the JCPOA will be critical to convincing Iran not to eventually proceed to build nuclear weapons.

On Saudi Arabia, Einhorn noted that although the Obama administration supported the Saudi military campaign in Yemen, there was a risk that the Kingdom would overreact to its regional security challenges. He suggested that the United States pursue a dual-track approach: counter provocative Iranian behavior and defend the security interests of its regional partners, while at the same time seeking a resolution of regional disputes and encouraging Saudi Arabia and Iran to find ways of reducing tensions between them.

On the possibility that Iran would rapidly scale up its enrichment program, Einhorn acknowledged that while Tehran can legally do so under the JCPOA in 10 to 15 years, it will not have a strong civil nuclear rationale since it will be able to acquire nuclear fuel from Russia and other suppliers. Furthermore, Iran’s progress in centrifuge research and development may not be as rapid as Iran currently anticipates. Moreover, even if Iran elects to ramp up its enrichment program down the line, the JCPOA and Nuclear Non-Proliferation Treaty (NPT) will bar it from pursuing nuclear weapons, and monitoring arrangements still in place will provide warning and enable the United States to intervene and prevent Iran from building nuclear weapons.

On reaching a regional accommodation that includes Iran, Al Otaiba indicated that the UAE would have much to gain, especially economically, from a better relationship with Tehran. He said the UAE and others in the region would like to try to engage with Iran to reduce tensions—but Iran, for its part, seems unwilling.

On prospects for a U.S.-Saudi civil nuclear cooperation agreement, Einhorn said that progress on such an agreement has stalled due to Saudi reluctance to formally renounce enrichment, something the United States has so far insisted on. He suggested that Washington should be prepared to relax the so-called “gold standard” (i.e., a formal renunciation of on enrichment and reprocessing) and instead accept an approach that would still discourage Saudi fuel cycle programs, such as giving Riyadh the right to pursue enrichment but allowing the United States to cease its nuclear cooperation if the Kingdom exercised that right. On the UAE’s civil nuclear program, Al Otaiba affirmed that the Emiratis continue to value the “gold standard” barring enrichment which is enshrined in the U.S.-UAE civil nuclear agreement, and have no plans to change their position on enrichment.

Presumptive Republican presidential nominee Donald Trump’s idea to withdraw American forces from Asia—letting allies like Japan and South Korea fend for themselves, including possibly by acquiring nuclear weapons—is fundamentally unsound, as I’ve written in a Wall Street Journal op-ed.

Among the many dangers of preemptively pulling American forces out of Japan and South Korea, including an increased risk of war between Japan and China and a serious blow to the Nuclear Non-Proliferation Treaty, such a move would heighten the threat of war between China and Taiwan. The possibility that the United States would dismantle its Asia security framework could unsettle Taiwan enough that it would pursue a nuclear deterrent against China, as it has considered doing in the past—despite China indicating that such an act itself could be a pathway to war. And without bases in Japan, the United States could not as easily deter China from potential military attacks on Taiwan. 

Trump’s proposed Asia policy could take the United States and its partners down a very dangerous road. It’s an experiment best not to run.

At a news conference in Seoul today, the United States and the Republic of Korea jointly announced the decision to deploy a Terminal High Altitude Area Defense (THAAD) missile defense system on the Korean Peninsula, with operational deployment planned by the end of 2017. Though many details are still pending, the decision is not a surprise, and the purposes of the deployment are wholly transparent.

As elaborated in the official announcement, the THAAD deployments are intended to defend the infrastructure and citizens of South Korea, and to protect core military capabilities underpinning the U.S.-Korea alliance. It is not a panacea for South Korea’s potential vulnerabilities to North Korean missile attack, but it will appreciably buttress Seoul’s still-limited air and missile defense capabilities, and explicitly link them to the far greater assets of the United States. 

Seoul did not undertake this commitment lightly. In recent years, South Korean strategic analysts have hotly debated the missile defense issue, but the political-military leadership has proceeded very deliberately. It was only in the aftermath of North Korea’s fourth nuclear test in early January and a long-range rocket test that soon followed that President Park Geun-hye’s administration agreed to initiate consultations on the “earliest possible” deployment of a THAAD missile battery. The North’s accelerated missile testing program, evident since April, reinforced the need for a meaningful response to Pyongyang’s actions.

Neither China nor Russia seems mollified by today’s announcement. Beijing and Moscow both perceive a malign U.S. strategic design, purportedly intended to detect and intercept Chinese and Russian strategic missiles, thereby invalidating their respective deterrence capabilities. But these worst-case estimates attribute technical reach and refinement to the Raytheon radar system likely to accompany the THAAD deployment that substantially exceeds even the manufacturer’s claims. 

China and Russia also contend that the THAAD deployment will further complicate the larger goal of denuclearization and threat reduction on the Korean Peninsula. But this places the cart before the horse. Pyongyang’s determination to expand and diversify its nuclear and missile programs has triggered the THAAD decision. Without the North’s accelerated military efforts, it is very doubtful that sentiment in Seoul would favor deployment of THAAD. Beijing and Moscow assuredly know how to connect the dots, but they seem unwilling to do so. 

At a time of increased Chinese wariness about U.S. military strategy along China’s periphery, it is not a surprise that Beijing has paid little heed to American and South Korean assurances.

Beijing also calculates that warning South Korea of unspecified consequences will convince Seoul to forego the THAAD decision. But this underestimates the South’s determination to proceed with missile defense, which will tie Seoul even more integrally to longer-term cooperation with the United States. This decision is unwelcome in China, but it is wholly within Seoul’s sovereign right to defend its vital interests by all appropriate means; China routinely does the same.

In meetings with Chinese counterparts, senior Korean officials have repeatedly stated that the THAAD deployment serves one irreducible purpose: the protection of South Korean vital national security interests. Seoul is keenly aware of Chinese strategic equities, and will remain very mindful of Beijing’s concerns as it moves ahead with this program. 

At the same time, Seoul and Washington have repeatedly conveyed their willingness to impart to officials in Beijing the limited purpose of the THAAD deployment. It will be directed entirely towards the North’s threats against the South; it will be exclusively bilateral in design; and it will not be targeted against the capabilities of any other party. 

At a time of increased Chinese wariness about U.S. military strategy along China’s periphery, it is not a surprise that Beijing has paid little heed to American and South Korean assurances, at least publicly. But officials and analysts in China must quietly grasp the reasons for the THAAD decision. The North’s nuclear and missile programs worry China deeply, as well. 

The need for a quiet, private conversation about the risks to stability on the peninsula has never been greater. The United States and South Korea are surely ready for this conversation. Whether China is ready remains to be seen.

One year after its conclusion, the Joint Comprehensive Plan of Action (JCPOA) remains controversial in Tehran and Washington, with opponents unreconciled to the deal and determined to derail it. Republican attacks against the deal will keep the controversy alive for most of this election year.

But opponents have had to scale back their criticism, in large part because the JCPOA, at least so far, has delivered on its principal goal—blocking Iran’s path to nuclear weapons for an extended period of time. No one can dispute that Tehran has sharply reduced its capacity to produce fissile materials for nuclear weapons and would need at least a year to rebuild enough capacity to produce a single bomb.

Iran’s positive compliance record has not given opponents much ammunition. The IAEA found Iran in compliance in its two quarterly reports issued in 2016. True, Iran temporarily exceeded the agreed ceiling on heavy water but quickly rectified the infraction, which most observers attributed to the practical difficulty of ensuring that production overages are exported in a timely way rather than to an intention to circumvent the limit. Critics have also pounced on a German report that Iran’s illicit attempts to procure nuclear and missile items continued in 2015. But Tehran’s requirement to import all nuclear items for its permitted civil nuclear program through the JCPOA’s procurement channel—and stop procuring items outside the channel—did not kick in until January 2016, and neither Washington nor Berlin has information that illicit efforts continued after that time.

Murky missile issue

Iran’s ballistic missile tests present a more complicated compliance issue. Due to a compromise reached in the negotiations, missile activities are not covered in the JCPOA and Security Council resolution 2231 simply ”calls upon” but does not legally require Iran to cease those activities (as did the U.N. Security Council resolutions replaced by 2231). As a result, Iranians argue they are not legally bound to cease missile testing, and Russia and China essentially support their argument. 

The administration and Congress are right to oppose Iran’s provocative and destabilizing missile activities. But they are not on strong legal or political grounds to treat the issue as a compliance violation. Rather than invoking the Iran nuclear deal, Washington and its partners will need to counter Iran’s missile programs with other policy tools, including interdictions of procurement attempts, Missile Technology Control Regime restrictions, U.S. diplomatic efforts with suppliers, missile defenses, and sanctions.

An uncertain path ahead

So, from the standpoint of Iran implementing and complying with its nuclear commitments, the JCPOA has operated well for its first year. But challenges to the smooth operation and even the longevity of the deal are already apparent.

A real threat to the JCPOA is that Iran will blame the slow recovery of its economy on U.S. failure to conscientiously fulfill its sanctions relief commitments and, using that as a pretext, will curtail or even end its own implementation of the deal. Iranians are understandably frustrated that the benefits of sanctions relief have not materialized as quickly as expected. But international banks and businesses have been reluctant to engage Iran not because they have been discouraged by the United States but because they have their own business-related reasons to be cautious, including the inadequate regulatory standards of Iran’s financial system, low oil prices in an oil-dependent economy, and fear of running afoul of remaining U.S. sanctions. In an effort to ensure that Iran will reap the economic rewards it deserves, the Obama administration has bent over backwards to inform foreign governments, banks, and businesses of what sanctions relief measures entitle them to do, but Iranian officials continue to complain that it is not doing enough.

[W]e can say the nuclear deal is off to a promising start...[s]till, it is already clear that the path ahead will not always be smooth.

Legislation proposed in Congress could also threaten the nuclear deal. Many proponents of new sanctions legislation genuinely seek to reinforce the deal—for example, by renewing the Iran Sanctions Act without attaching poison pills. But for some other members of Congress, the bills are designed to undercut the JCPOA. In a July 11 statement of policy, the administration threatened to veto three House bills, stating that they “would undermine the ability of the United States to meet our JCPOA commitments by reimposing certain secondary economic and financial sanctions lifted on ‘Implementation Day’ of the JCPOA.” For now, the administration is in a position to block new legislation that it believes would scuttle the nuclear deal.

But developments outside the JCPOA, especially Iran’s regional behavior and its crackdown on dissent at home, could weaken support for the JCPOA within the United States and give proponents of deal-killing legislation a boost. So far, however, there are no clear indications that the JCPOA has contributed either to more moderate or more provocative behavior. Indeed, consistent with statements by Supreme Leader Ali Khamenei, there have been few changes in Iran’s behavior toward its neighbors in the last year.

A potential wildcard for the future of the JCPOA is upcoming governing transitions in both Washington and Tehran. There will be more continuity in policy toward Iran and the JCPOA if Hillary Clinton becomes president, although she is likely to take a harder line than her predecessor. Donald Trump now says he will re-negotiate rather than scrap the deal, but in practice that could produce the same result because a better deal will not prove negotiable. With President Hassan Rouhani up for re-election next year and the health of the Supreme Leader questionable, Iran’s future policy toward the JCPOA cannot be confidently predicted.

A final verdict on the JCPOA is many years away, not just because of the challenges mentioned above but also because of the crucial uncertainly regarding what Iran will do when key restrictions on its ability to produce weapons-grade nuclear materials expire after 15 years. However, we can say the nuclear deal is off to a promising start, as even some of its early critics now concede. Still, it is already clear that the path ahead will not always be smooth, the longevity of the deal cannot be taken for granted, and keeping it on track will require constant focus in Washington and other interested capitals.