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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.
The Treaty on the Nonproliferation of Nuclear Weapons (NPT), is the cornerstone of non-proliferation and disarmament efforts. Yet its negotiation and success were not inevitable. This book aims to address the developments that led to the negotiation of the treaty, examine its implementation, and address challenges that the NPT faces going forward.
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.
This study looks at the interpretations and effects of the Nuclear Non-Proliferation Treaty and offers readings of its possible future effects.
The relationship of the Nuclear Non-Proliferation Treaty with India has been an interesting subject in the field of security studies. The nuclearisation of India and its subsequent rise are further forcing the world to redefine its relationship with the treaty. However, the international response is quite mixed. The old mindset still thinks that India may join the treaty as a Non-Nuclear Weapon State. Scholars appear divided whether India should join the treaty as a nuclear weapon country. The book discusses current crises of the Nuclear Non-Proliferation Treaty which are going to figure in the 2010 Review Conference of the treaty. This book was published as a special issue of The Strategic Analysis.
Proliferation of WMD technologies is by no means a new concern for the international community. Indeed, since the signing of the Nuclear Non-proliferation Treaty in 1968, tremendous energies have been expended upon diplomatic efforts to create a web of treaties and international organisations regulating the production and stockpiling of WMD sensitive materials within states, as well as their spread through the increasingly globalised channels of international trade to other states and non-state actors. However, the intervention in 2003 by Western powers in Iraq has served as an illustration of the importance of greater understanding of and attention to this area of law, as disagreements over its content and application have once again lead to a potentially destabilising armed intervention by members of the United Nations into the sovereign territory of another member state. Other ongoing disputes between states regarding the character of obligations assumed under non-proliferation treaty instruments, and the effect of international organisations' decisions in this area, form some of the most contentious and potentially destabilising issues of foreign policy concern for many states. This book provides a comprehensive analysis of international law and organisations in the area of WMD proliferation. It will serve both as a reference for understanding the law as it currently exists in its political and economic context, as well as an analysis of areas in which amendments to existing law and organisations are needed.
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.
What were the calculations made by the US and its major allies in the 1960s when they faced the signing of the Non-Proliferation Treaty (NPT)? These were all states with the technological and financial capabilities to develop and possess nuclear weapons should they wish to do so. In the end, only the United Kingdom and France became nuclear weapon states. Eventually, all of them joined the non-proliferation regime. Leading American, British, Canadian, French, German and Japanese scholars consider key questions that faced the signatories to the NPT: How imperative was nuclear deterrence in facing the perceived threat to their country? How reliable did they think the US extended deterrence was, and how costly would an independent deterrent be both financially and politically? Was there a regional option? How much future was there in the civilian nuclear energy sector for their country and what role would the NPT play in this area? What capabilities needed to be preserved for the country’s future and how could this be made compatible with the NPT? What were the determining factors of deciding whether to join the NPT?
As currently interpreted, it is difficult to see why the Nuclear Nonproliferation Treaty (NPT) warrants much support as a nonproliferation convention. Most foreign ministries, including that of Iran and the United States, insist that Article IV of the NPT recognizes the "inalienable right" of all states to develop "peaceful nuclear energy." This includes money-losing activities, such as nuclear fuel reprocessing, which can bring countries to the very brink of acquiring nuclear weapons. If the NPT is intended to ensure that states share peaceful "benefits" of nuclear energy and to prevent the spread of nuclear bomb making technologies, it is difficult to see how it can accomplish either if the interpretation identified above is correct. Some argue, however, that the NPT clearly proscribes proliferation by requiring international nuclear safeguards against military diversions of fissile material. Unfortunately, these procedures, which are required of all non-nuclear weapons state members of the NPT under Article III, are rickety at best. Each chapter of this book is dedicated to clarifying the NPT's key ambiguities, and the chapters are roughly structured to trace the NPT's text, article by article. The analysis set forth here was mostly written or commissioned by the Nonproliferation Policy Education Center. Much more, of course, could have been included in this book. But rather than seeking to be comprehensive, the aim throughout is to provide a guide for both policymakers and security analysts. This guide should assist in navigating the most important debates over how best to read and implement the NPT and, in the process, spotlighting alternative views of the NPT that are sound and supportable. Related products: Treaties in Force: A List of Treaties and Other International Agreements of the United States in Force on January 1, 2016 can be found here: https: //bookstore.gpo.gov/products/sku/044-000-02684-8 The Warsaw Pact, Treaty of Friendship, Cooperation and Mutual Assistance: Soviet-East European Military Relations in Historical Perspective: Sources and Reassessments can be found here: https: //bookstore.gpo.gov/products/sku/041-015-00306-2 Moving Beyond Pretense: Nuclear Power and Nonproliferation can be found here: https: //bookstore.gpo.gov/products/sku/008-000-01098-6