Is the Nuclear Non-Proliferation Treaty shaking at its foundations? Stock taking after the 2005 NPT Review Conference

Journal of Conflict and Security Law

Volumn 11, Issue 1, 2006, Pages 141-155

  Kuppuswamy, Chamundeeswari ^a  

^a UNIVERSITY OF SHEFFIELD   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 33645330979     PISSN: 14677954     EISSN: 14677962     Source Type: Journal    
DOI: 10.1093/jcsl/krl004     Document Type: Review

References (49)

1. See Report of the UN High-Level Panel on Threats, Challenges and Change, UN doc. A/59/565, 1 December 2004, wherein the Panel expressed concern about 'the erosion and possible collapse of the whole treaty regime', 38.
2. WP803, 'Nuclear Non-Proliferation: What Next after NPTT?', 12-16 December 2005, Wilton House, Steyning, UK.
3. Wilton Park Conferences, 'Better Policies for a Better World'. Available at .
4. 'UN Disarmament Division'. Available at .
5. US Department of State, 'Treaty on the Non-Proliferation of Nuclear Weapons', Bureau of Non-Proliferation. Available at .
6. See L. Ackland, 'The Press, "National Security," and Nuclear Weapons: Lessons from Rocky Flats', (2004) 24 Journal of Land, Resources, and Environmental Law 17;
7. and P. Hewitson, 'Non-Proliferation and Reduction of Nuclear Weapons: Risks of Weakening the Multilateral Nuclear Non-Proliferation Norm', (2003) 21 Berkeley Journal of International Law 405.
8. See NATO's Nuclear Sharing Arrangements, 'Renewal of the 1958 Mutual Defence Agreement (US-Britain)', in N. Chamberlain et al., US-UK Nuclear Weapons Collaboration Under the Mutual Defence Agreement. Shining a Torch on the Darker Recesses of the Special Relationship, British American Security Information Council (BASIC) Special Report (2004);
9. and M. Butcher et al., Questions of Command and Control: NATO, Nuclear Sharing and the NPT, BASIC PENN Research Report 2000.
10. E.B. Firmage, 'The Treaty on the Non Proliferation of Nuclear Weapons', (1969) 63 AJIL 711 at 721.
11. The ICJ reiterated this commitment of states towards this goal in its 1996 Nuclear Weapons Advisory Opinion, 1996 ICJ Rep.
12. Article VIII(3) NPT.
13. Partial Test Ban Treaty (Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water - entered into force on the 10 October 1963);
14. GA Res. 48/75L, 16 December 1993, 'Prohibition of the production of fissile materials for nuclear weapons or other nuclear explosive devices'.
15. Also see Comprehensive Nuclear Test Ban Treaty (1996, not yet in force), Conference on Disarmament efforts towards a Fissile Material Cut-Off Treaty.
16. See Preamble, NPT.
17. S. Pullinger, 'Libya: Gadafy's Gamble Appears to Pay Off', (May/June 2004) 77 Disarmament Diplomacy.
18. Firmage, loc. cit., fn. 8.
19. J.R. Bolton, 'Weapons of Mass Destruction: The New Strategic Framework-A Response to 21st Century Threats', (2002) 7(2) US Foreign Policy Agenda, where disarmament is conspicuous by its absence.
20. J. Freeman, 'Is Arms Control Law in Crisis?', (2004) 9 JCSL 303 at 305.
21. C.S. Gray, Maintaining Effective Deterrence [SSI Monographs, Strategic Studies Institute (SSI) of the US Army War College, Carlisle, USA, 2003].
22. See N. Burns and R. Joseph (Under-Secretaries for Political Affairs and Arms Control), 'The U.S. and India: An Emerging Entente?', remarks as prepared for the House International Relations Committee Washington, DC, 8 September 2005. Available at .
23. It is expected that such legislation would be referred to the Congress by the Bush administration in early 2006.
24. The nuclear weapon states committed to an 'unequivocal undertaking ... to accomplish the total elimination of their nuclear arsenals' and acknowledged a 'principle of irreversibility' and to reductions in tactical nuclear weapons. These commitments went further than any other previous commitments on disarmament. The final declaration also de-linked nuclear disarmament from general disarmament. These commitments went further than any other previous commitments on disarmament.
25. S.D. Murphy, 'Proliferation Security Initiative for Searching Potential WMD Vessels', 98 AJIL 355.
26. In the News section - 'Iran's Nuclear Programme: EU-3 Snubbed as Iran Begins Uranium Conversion at Isfahan', (2005) 80 Disarmament Diplomacy.
27. E. Yong-Joong Lee, 'The Six-Party Talks and the North Korean Nuclear Dispute Resolution Under the IAEA Safeguards Regime', 5(3) Asian-Pacific Law & Policy Journal 101.
28. 'Global Partnership Against the Spread of Weapons and Materials of Mass Destruction - G8 Senior Officials Group', Annual Report. Available at
29. See 'Norwegian and South African Initiative on Disarmament and Non-Proliferation', 26 July 2005. Available at .
30. The Comprehensive Test Ban Treaty, 1996 (not yet in force).
31. G. Allison, Nuclear Terrorism: The Ultimate Preventable Catastrophe (2004).
32. Another suggested approach was to establish a Global Nuclear Council or a Global Nuclear Forum as a long-term sustainable option.
33. Barcelona Process, The Barcelona Declaration, adopted by the Euro-Mediterranean Conference, 27-28 November 1995.
34. See M. Asada, 'Arms Control Law in Crisis? A Study of the North Korean Nuclear Issue', (2004) 6 JCSL 331.
35. There is uncertainty about the position of DPRK under the Treaty. DPRK claims to have a 'unique position' under the Treaty, which some of the other state parties and the IAEA deny. Yet, the practice of these states and the IAEA point towards a unique approach towards DPRK - a 'partially in partially out' position. See Asada, ibid.
36. White House Press Release, President Delivers State of the Union Address, 29 January 2002.
37. An Unnecessary Crisis - Setting the Record Straight About Iran's Nuclear Programme, A Statement from the Mission of the Islamic Republic of Iran to the European Communities, Document circulated at the Wilton Park Conference (on file with author) 4.
38. Ibid. A reading of this document suggests that security is not one of the main reasons for Iran's nuclear ambitions.
39. Dr. El Baradei, Introductory Statement to the Board of Governors, 24 November 2005, see Statements of the Director General. Available at .
40. See 'Joint Statement by European Council President Costas Simitis, European Commission President Romano Prodi and US President George W. Bush on the Proliferation of Weapons of Mass Destruction', Washington, 25 June 2003,10902/03 (Presse 181);
41. 'Agreed Statement at the End of a Visit to the Islamic Republic of Iran by the Foreign Ministers of Britain, France and Germany', 21 October 2003,15708/03;
42. 'EU Strategy Against Proliferation of Weapons of Mass Destruction', The Council of Europe, 12 December 2003,15708/03;
43. 'EU-US Declaration on the Non-Proliferation of Weapons of Mass Destruction', Dromoland Castle, 26 June 2004, 10761/1/04 REV 1 (Presse 206);
44. 'Javier SOLANA, EU High Representative for the CFSP, on the agreement on Iran's nuclear programme', Brussels, 15 November 2004, S0304/04;
45. Council of Europe Parliamentary Resolution 1436 (2005), 'Iran's nuclear programme: The need for an international response', 26 April 2005;
46. Philippe Douste-Blazy, Joschka Fisher, Javier Solana and Jack Straw, 'Iran's Nuclear Policy Requires A Collective Response', The Wall Street Journal Online, 22 September 2005, A16; '
47. 'Statement by Germany, United Kingdom, France and the EU High Representative on the Iranian nuclear issue', Berlin, 12 January 2006, S008/06.
48. Addressing the 60th session of the United Nations General Assembly on 31 October 2005, on behalf of the Indian delegation, CPI (M) Polit Bureau member Sitaram Yechury defended the Indian government's stand of not joining the discriminatory NPT treaty.
49. 'Expert Group Releases Findings on Multilateral Nuclear Approaches', Staff Report, 22 February 2005. Available at .