nuclear issues in international law

8/8/2019 Nuclear Issues in International Law

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Non Proliferation of nuclearweapons

West Bengal

IIT Kharagpur

Rajiv Gandhi School of Intellectual Property Law

Assistant Professor of Law

Dr. Raju KD

1KDR/IIT KGP/RGSOIPL/-2008


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NPT, 1968y The NPT is a landmark international treaty whose objective

is to prevent

y

the spread of nuclear weapons and weapons technology,y to promote cooperation in the peaceful uses of nuclear

energy and to further the goal of

y achieving nuclear disarmament and general and completedisarmament.

y The Treaty represents the only binding commitment in amultilateral treaty to the goal of disarmament by thenuclear-weapon States.

KDR/IIT KGP/RGSOIPL/-2008 2


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NPTy Opened for signature in 1968, the Treaty entered into

force in 1970.

y On 11 May 1995, the Treaty was extended indefinitely.y A total of 190 parties have joined the Treaty, including

the five nuclear-weapon States.

y More countries have ratified the NPT than any other

arms limitation and disarmament agreement, atestament to the Treaty's significance.



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Not signedy Only four recognized sovereign states are not parties to

the treaty: India, Israel, Pakistan and North Korea.

y India and Pakistan both possess and have openlytested nuclear bombs.

y Israel has have a nuclear policy.

y North Korea acceded to the treaty, violated it, and later

withdrew.



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Provisionsy These five NWS agree not to transfer "nuclear weapons

or other nuclear explosive devices" and "not in any way

to assist, encourage, or induce" a non-nuclear weaponstate (NNWS) to acquire nuclear weapons (Article I).

y NNWS parties to the NPT agree not to "receive,""manufacture" or "acquire" nuclear weapons or to

"seek or receive any assistance in the manufacture ofnuclear weapons" (Article II).



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Provisionsy NNWS parties also agree to accept safeguards by the

International Atomic Energy Agency (IAEA) to verify

that they are not diverting nuclear energy frompeaceful uses to nuclear weapons or other nuclearexplosive devices (Article III).

y This has been cited as a major issue in the Indo-US

civilian nuclear agreement as India has not offeredunrestricted access to its nuclear facilities.



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Non usey The five NWS parties have made undertakings not to

use their nuclear weapons against a non-NWS party

except in response to a nuclear attack, or aconventional attack in alliance with a NuclearWeapons State.

y However, these undertakings have not been

incorporated formally into the treaty, and the exactdetails have varied over time.

y The U.S. also had nuclear warheads targeted at NorthKorea, a non-NWS state, from 1959 until 1991.



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Disarmamenty The NPT's preamble contains language affirming the

desire of treaty signatories to ease

y international tension andy strengthen international trust so as to create someday

the conditions for a halt to the production of nuclearweapons,

y and treaty on general and complete disarmament thatliquidates, in particular, nuclear weapons and theirdelivery vehicles from national arsenals.



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Arms racey On the one hand, the wording of Article VI arguably

imposes only a vague obligation on all NPT signatories

to move in the general direction of nuclear and totaldisarmament,

y saying, "Each of the Parties to the Treaty undertakes topursue negotiations in good faith on effective

measures relating to cessation of the nuclear arms raceat an early date and to nuclear disarmament, and on atreaty on general and complete disarmament



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Peaceful use of nuclear energyy The third pillar allows for and agrees upon the transfer

of nuclear technology and materials to NPT signatory

countries for the development of civilian nuclearenergy programs in those countries,

y as long as they can demonstrate that their nuclearprograms are not being used for the development of

nuclear weapons.



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Peaceful use of nuclear energyy The treaty recognizes the inalienable right of sovereign

states to use nuclear energy for peaceful purposes,

ybut restricts this right for NPT parties to be exercised"in conformity with Articles I and II" (the basicnonproliferation obligations that constitute the "firstpillar" of the Treaty).



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Important provisionsy Article I: Each nuclear-weapons state (NWS) undertakes

not to transfer, to any recipient, nuclear weapons, or othernuclear explosive devices, and not to assist any non-nuclearweapon state to manufacture or acquire such weapons ordevices.

y Article II: Each non-NWS party undertakes not to receive,from any source, nuclear weapons, or other nuclear

explosive devices;y not to manufacture or acquire such weapons or devices;

y and not to receive any assistance in their manufacture.



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Safeguard agreementsy Article III: Each non-NWS party undertakes to conclude an

agreement with the IAEA for the application of itssafeguards to all nuclear material in all of the state'speaceful nuclear activities and to prevent diversion of suchmaterial to nuclear weapons or other nuclear explosivedevices.

y Article IV: 1. Nothing in this Treaty shall be interpreted as

affecting the inalienable right of all the Parties to theTreaty to develop research, production and use of nuclearenergy for peaceful purposes without discrimination and inconformity with Articles I and II of this Treaty.



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Disarmamenty Article VI. The states undertake to pursue

"negotiations in good faith on effective measures

relating to cessation of the nuclear arms race at anearly date and to nuclear disarmament", and towards a"Treaty on general and complete disarmament understrict and effective international control".

y

Article X. Establishes the right to withdraw from theTreaty giving 3 months' notice. It also establishes theduration of the Treaty (25 years before 1995 ExtensionInitiative).



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Non signatory nuclear powersy Three statesIndia, Israel, and Pakistan-declined to sign

the treaty.

y

India and Pakistan are confirmed nuclear powers, andIsrael has a long-standing policy of deliberate ambiguity.

y These countries argue that the NPT creates a club of"nuclear haves" and a larger group of "nuclear have-nots"by restricting the legal possession of nuclear weapons to

those states that tested them before 1967,y but the treaty never explains on what ethical grounds such

a distinction is valid.



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Nuclear testsy India having first nuclear testing in 1974 and Pakistan

following suit in 1998 in response to another Indian test.

y

India is estimated to have enough fissile material for morethan 150 warheads.

y Pakistan reportedly has between 80 and 120 warheadsaccording to the former head of its strategic arms division.

y In early March 2006, India and the United States finalized adeal, having critics in both countries, to provide India withUS civilian nuclear technology.



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Leaving NPTy Article X allows a state to leave the treaty if

"extraordinary events, related to the subject matter of

this Treaty, have jeopardized the supreme interests ofits country", giving three months' (ninety days')notice. The state is required to give reasons for leavingthe NPT in this notice.



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North Koreay In 1993, North Korea gave notice to withdraw from the

NPT. However, after 89 days.

y

North Korea reached agreement with the UnitedStates to freeze its nuclear program under the AgreedFramework and "suspended" its withdrawal notice.

y In October 2002, the United States accused North

Korea of violating the Agreed Framework by pursuinga secret uranium enrichment program, and suspendedshipments of heavy fuel oil under that agreement.



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Comprehensive Nuclear Test Ban Treaty (CTBT)

y Opened for signature at New York: 24 September 1996.

y Not yet in force

y need for continued systematic and progressive effortsto reduce nuclear weapons globally, with the ultimategoal of eliminating those weapons, and of general andcomplete disarmament under strict and effective

international control.



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Nuclear explosionsy A.1 - Each State Party undertakes not to carry out any

nuclear weapon test explosion or any other nuclearexplosion, and to prohibit and prevent any such nuclearexplosion at any place under its jurisdiction or control.

y States Parties hereby establish the Comprehensive NuclearTest-Ban Treaty Organization (hereinafter referred to as"the Organization") to achieve the object and purpose of

this Treaty, to ensure the implementation of its provisions,including those for international verification of compliance with it, and to provide a forum for consultation andcooperation among States Parties.



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CTBTy seat of the Organization shall be Vienna, Republic of

Austria.



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Indian Nuclear Programmey In the 1950s, the United States helped India develop

nuclear energy under the Atoms for Peace program.

y

The United States built a nuclear reactor for India,provided nuclear fuel for a time, and allowed Indianscientists study at U.S. nuclear laboratories.

y In 1968, India refused to sign the NPT, claiming it was

biased.



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Indian nuclear programmey In 1974, India tested its first nuclear bomb, showing it

could develop nuclear weapons with technology

transferred for peaceful purposes.y As a result, the United States isolated India for twenty-

five years, refusing nuclear cooperation and trying toconvince other countries to do the same.

y

But since 2000, the United States has moved to build a"strategic partnership" with India, increasingcooperation in fields including spaceflight, satellitetechnology, and missile defense.



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US India relationshipy 2005 - Joint statement between President Bush and

Indian Prime Minister Mr. Manmohan Singh.

y

2006 - Hyde Act, 2006 - United States- India PeacefulAtomic Energy Cooperation Act of 2006.

y 2007 - Agreement for Cooperation Between theGovernment of the United States of America and

the Government of India Concerning Peaceful uses ofNuclear Energy (123 agreement).

y 2008 August - IAEA's Board of Governors approved anIndia-specific safeguards agreement.



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US India Nuclear dealy 2008 - September 6, the 45-nation NSG granted the waiver to India on

allowing it to access civilian nuclear technology and fuel from othercountries.

y 28 September 2008 - The US House of Representatives passed the Bill.y On October 1, 2008 the US Senate also approved the civilian nuclear

agreement allowing India to purchase nuclear fuel and technologyfrom the United States.

y on October 8, 2008 - U.S. President, George W. Bush, signed the

legislation on the Indo-US nuclear deal, approved by the U.S. Congress,into law, now called the United States-India Nuclear CooperationApprovaland Non-proliferation EnhancementAct, 2008

y 10, October, the agreement was signed by Indian External AffairsMinister Pranab Mukherjee and his counterpart Secretary of StateCondoleezza Rice.



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