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The 1968 Nuclear Non-proliferation Treaty has proven the most complicated and controversial of all arms control treaties, both in principle and in practice. Statements of nuclear-weapon States from the Cold War to the present, led by the United States, show a disproportionate prioritization of the non-proliferation pillar of the Treaty, and an unwarranted underprioritization of the civilian energy development and disarmament pillars of the treaty. This book argues that the way in which nuclear-weapon States have interpreted the Treaty has laid the legal foundation for a number of policies related to trade in civilian nuclear energy technologies and nuclear weapons disarmament. These policies circumscribe the rights of non-nuclear-weapon States under Article IV of the Treaty by imposing conditions on the supply of civilian nuclear technologies. They also provide for the renewal and maintaintenance, and in some cases further development of the nuclear weapons arsenals of nuclear-weapon States. The book provides a legal analysis of this trend in treaty interpretation by nuclear-weapon States and the policies for which it has provided legal justification. It argues, through a close and systematic examination of the Treaty by reference to the rules of treaty interpretation found in the 1969 Vienna Convention on the Law of Treaties, that this disproportionate prioritization of the non-proliferation pillar of the Treaty leads to erroneous legal interpretations in light of the original balance of principles underlying the Treaty, prejudicing the legitimate legal interests of non-nuclear-weapon States.
This volume offers a critical historical assessment of the negotiation of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and of the origins of the nonproliferation regime. The NPT has been signed by 190 states and was indefinitely extended in 1995, rendering it the most successful arms control treaty in history. Nevertheless, little is known about the motivations and strategic calculi of the various middle and small powers in regard to their ultimate decision to join the treaty despite its discriminatory nature. While the NPT continues to be central to current nonproliferation efforts, its underlying mechanisms remain under-researched. Based on newly declassified archival sources and using previously inaccessible evidence, the contributions in this volume examine the underlying rationales of the specific positions taken by various states during the NPT negotiations. Starting from a critical appraisal of our current knowledge of the genesis of the nonproliferation regime, contributors from diverse national and disciplinary backgrounds focus on both European and non-European states in order to enrich our understanding of how the global nuclear order came into being. This book will be of much interest to students of nuclear proliferation, Cold War history, security studies and IR.
A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. This book examines the current debate on nuclear non-proliferation and disarmament, notably the international non-proliferation regime and how to implement its disarmament provisions. Discussing the requirements of a new international consensus on nuclear disarmament and non-proliferation, this book builds on the three pillars of the nuclear non-proliferation treaty (NPT): non-proliferation, disarmament and peaceful uses of nuclear energy. It reviews the impact of Cold War and post-Cold War policies on current disarmament initiatives and analyses contemporary proliferation problems: how to deal with the states that never joined the NPT (India, Pakistan and Israel); how states that have been moving toward nuclear weapons have been brought back to non-nuclear-weapon status; and, in particular, how to deal with Iran and North Korea. The analysis centres on the relationship between disarmament and non-proliferation in an increasingly multi-centric world involving China and India as well as the US, the European powers and Russia. It concludes with a description and discussion of three different worlds without nuclear weapons and their implications for nuclear disarmament policies. This book will be of great interest to all students of arms control, strategic studies, war and conflict studies, and IR/security studies in general Sverre Lodgaard is a Senior Research Fellow at the Norwegian Institute of International Affairs, Oslo
Nuclear proliferation poses a serious threat to international peace and security. The non-proliferation regime is the body of public international law that aims to counter this threat. It has been a cornerstone of global security for decades. This book analyses its main instruments. The book focuses on the Nuclear Non-proliferation Treaty, international trade controls and the International Atomic Energy Agency. It describes the internal mechanics of these mechanisms, their development, and their strengths and weaknesses. It shows how they together are the basis of a political-legal order that is more than the sum of its parts, offering new insights on the role of international law in an area dominated by security-driven politics.
This book suggests a new bargain between the NPT nuclear weapon states and the non-NPT nuclear weapons possessor states, mainly India and Pakistan, through a regional arrangement to help move towards universalization of the nuclear nonproliferation regime. The author analyses nuclear proliferation drivers to understand why states acquire and justify possession of nuclear weapons even though most nuclear weapon states no longer are faced with an existential threat to their national security. This study also identifies various challenges being faced by the NPT based nuclear nonproliferation regime, which if left unaddressed, could unravel the nonproliferation regime. It also offers the history of confidence building measures between India and Pakistan, which could be a useful reference for negotiating a Regional Nonproliferation Regime (RNR) in the future.
This study looks at the interpretations and effects of the Nuclear Non-Proliferation Treaty and offers readings of its possible future effects.
This book examines the state of the nuclear non-proliferation regime and the issues it faces in the early 21st century. Despite the fact that most countries in the world have signed the Non-Proliferation Treaty (NPT) there is growing concern that the NPT is in serious trouble and may not be able to stop the further spread of nuclear weapons. If so, international stability will be undermined, with potentially disastrous consequences, and the vision of a nuclear weapon-free world will become utterly unrealistic. More specifically, the NPT is exposed to four main challenges, explored in this book: challenges from outside, as three countries that have not signed the Treaty – Israel, India and Pakistan – are known to possess nuclear weapons; challenges from within, as some countries that have signed on to the Treaty as non-nuclear weapons states have nevertheless developed or are suspected to be trying to develop nuclear weapons (North Korea and Iran being cases in point); challenges from below in the shape of terrorists and other non-state actors who may want to acquire radioactive materials or even nuclear weapons; and, finally, challenges from above due to the perceived failure of the five legal nuclear weapons states to keep their part of the ‘double bargain’ made by the parties of the NPT and take serious steps towards nuclear disarmament. This book will be of much interest to students of nuclear proliferation, international security, war and conflict studies and IR in general.
Fifty years into the nuclear non-proliferation treaty (NPT) regime, the risks of nuclear war, terrorism, and the threat of further proliferation remain. A lack of significant progress towards disarmament will cast doubt upon the viability of the NPT. By recognizing that certain fissile materials are essential to every nuclear weapon and that controlling their usage provides the foundation for international efforts to limit their spread, this book presents a comprehensive framework for nuclear disarmament. Based upon phased reductions, Shea provides a mechanism for the disposal of weapon-origin fissile material and controls on peaceful nuclear activities and non-explosive military uses. He explores the technological means for monitoring and verification, the legal arrangements required to provide an enduring foundation, and a financial structure which will enable progress. This book will be invaluable to professional organizations, arms control NGOs, government officials, scientists, and politicians. It will also appeal to academics and postgraduate researchers working on security studies, disarmament diplomacy and the politics and science of verification.
The contemporary nuclear landscape is rife with challenges. Stagnated progress in disarmament, widespread modernization plans, and emergent proliferation pathways are contributing to the risk of catastrophe. Meanwhile, global nuclear order appears more precarious than ever. This book makes a case for a regional reorientation of the nuclear nonproliferation regime, arguing that a more specialized, decentralized, and localized arrangement could more effectively address post-Cold War challenges. In the process, it develops a framework to analyze the conditions that would allow for more robust regional nuclear cooperation.?? Regional Pathways to Nuclear Nonproliferation includes a series of case studies, centering on Northeast Asia, Southeast Asia, and the Middle East. It provides a comprehensive overview of existing nuclear cooperation at the regional level, including in the context of nuclear-weapon-free zones. For each case, the book both analyzes the viability of a stronger regional nuclear order and considers the form such an order would likely take. What is the magnitude and character of the nuclear proliferation threat across different regions? What does the presence of institutions in economic, environmental, and human security domains suggest about the likelihood of addressing that threat? A better understanding of broader regional patterns may be the key to explaining the possibility of regional nuclear cooperation. It may also help identify means to effectuate the timing and scale of that cooperation, bolstering regional nuclear orders and, in turn, ensuring the viability of global nuclear order.
The Challenges of Nuclear Non-Proliferation is an exhaustive survey of the many aspects of non-proliferation efforts. It explains why some nations pursued nuclear programs while others abandoned them, as well as the challenges, strengths, and weaknesses of non-proliferation efforts. It addresses key issues such as concerns over rogue states and stateless rogues, delivery systems made possible by technology, and the connection between nuclear weapons and ballistic missiles, examining whether non-proliferation regimes can deal with these threats or whether economic or military sanctions need to be developed. It also examines the feasibility of eliminating or greatly reducing the number of nuclear weapons. A broad survey of one of today’s great threats to international security, this text provides undergraduates students with the tools needed to evaluate current events and global threats.