Interpreting the Nuclear Non Proliferation Treaty

Author: Daniel H. Joyner
Publisher: OUP Oxford
ISBN: 0191648787
Format: PDF, ePub, Mobi
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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.

Negotiating the Nuclear Non Proliferation Treaty

Author: Roland Popp
Publisher: Taylor & Francis
ISBN: 1315536560
Format: PDF, ePub
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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.

The Midlife Crisis of the Nuclear Nonproliferation Treaty

Author: Peter Pella
Publisher: Morgan & Claypool Publishers
ISBN: 1681743906
Format: PDF, Docs
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The Nuclear Nonproliferation Treaty (NPT) has been the principal legal barrier to prevent the spread of nuclear weapons for the past forty-five years. It promotes the peaceful uses of nuclear technology and insures, through the application of safeguards inspections conducted by the International Atomic Energy Agency (IAEA), that those technologies are not being diverted toward the production of nuclear weapons. It is also the only multinational treaty that obligates the five nuclear weapons states that are party to the treaty (China, France, Great Britain, Russia, and the United States) to pursue nuclear disarmament measures. Though there have been many challenges over the years, most would agree that the treaty has largely been successful. However, many are concerned about the continued viability of the NPT. The perceived slow pace of nuclear disarmament, the interest by some countries to consider a weapons program while party to the treaty, and the funding and staffing issues at the IAEA, are all putting considerable strain on the treaty. This manuscript explores those issues and offers some possible solutions to ensure that the NPT will survive effectively for many years to come.

The Nuclear Non proliferation Treaty

Author: Ian Bellany
Publisher: Routledge
ISBN: 1135173257
Format: PDF, Docs
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This study looks at the interpretations and effects of the Nuclear Non-Proliferation Treaty and offers readings of its possible future effects.

Nuclear Non Proliferation

Author: Michael P. Fry
Publisher: Springer Science & Business Media
ISBN: 3642751059
Format: PDF
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This volume appears at a time when the prospects for banishing the threat of nuclear annihilation are brighter than at any time since the first atomic device exploded over the desert at Alamogordo. The last few years have seen an ex traordinary change in the climate of East-West relations. The programme of political and economic reform which President Gorbachev initiated in the Soviet Union and which is now spreading throughout most of Eastern Europe has been parallelled by serious efforts to reach agreement on measures for conventional and nuclear disarmament. This has led to new hope that international peace and security can at last be built upon the firm foundation of justice, respect for in ternational law and a determination to approach problems in a spirit of genuine co-operation rather than one of distrust and confrontation. This new climate encourages us in the belief that the obvious common sense of preventing the further spread of nuclear weapons will come to be shared by all nations. At the same time, we have to recognize two very disturbing facts, which imply that there can be no slackening of our efforts to strengthen the non-proliferation regime.

Joining the Non Proliferation Treaty

Author: John Baylis
Publisher: Routledge
ISBN: 1351334425
Format: PDF, ePub, Mobi
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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?

Nuclear Commerce

Author: Thomas Berndorfer
Publisher: Diplomica Verlag
ISBN: 3836669722
Format: PDF, ePub, Mobi
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Peaceful and non-peaceful applications of nuclear technologies share a common fate: one cannot exist without the other. As the world is about to experience a nuclear renaissance, the nuclear industry has gone through a phase of consolidation. Despite more efficient intra-industry structures and technological advancements it will still not be able to close the increasing gap in energy demand to be expected in the near future. The economic attractiveness and relative absence of emissions still make atomic power an attractive candidate for an energy mix comprising several different "clean" technologies. A renewed interest in nuclear energy will at the same time demand for a robust non-proliferation framework as a safety-guarantee for the market. Export controls have been found to be an effective tool in this regard. The Zangger Committee as the legitimate interpreter of the Non-Proliferation Treaty and the Nuclear Suppliers Group representing the most influential countries in nuclear commerce have established a system of checks and balances that may not halt proliferation altogether, but which has managed to slow it down significantly. The effect of these control structures on the development of the nuclear market cannot be assessed directly. Political and security concerns particularly attributed to nuclear matters make their application a necessity for the existence of the commerce itself. Recent global efforts such as the United Nations Security Council Resolutions 1540 and 1673 are focusing on the implementation of common set of key elements for strategic trade controls. The success of these measures will have a direct impact on the sustainability of the nuclear renaissance.