Non-proliferation of nuclear weapons: The European Union and Iran

European Foreign Affairs Review

Volumn 10, Issue 3, 2005, Pages 289-311

  Denza, Eileen ^a  

^a UNIVERSITY COLLEGE LONDON   (United Kingdom)

Author keywords

[No Author keywords available]

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EID: 85050416220     PISSN: 13846299     EISSN: 18758223     Source Type: Journal    
DOI: 10.54648/eerr2005021     Document Type: Article

References (71)

1. UK Treaty Series No. 88 (1970), Cmnd. 4474. The Treaty was open for signature and ratification in London, Moscow and Washington with the object of securing universal participation, including entities such as Taiwan and North Korea not generally recognized as states.
2. IAEA Safeguards Implementation Report for 2003, at .
3. IAEA Press Release, 2004/03.
4. (2004) American Journal of International Law, pp. 608-609.
5. (1992) 31 ILM, pp. 1486-1487; [1993] EJIL 72. Compliance with the Guidelines was assessed by the Badinter Arbitration Commission.
6. Press Release 107/94.
7. Common Position 94/779/CFSP of 28 November 1994, [1994] OJ L 313/1. See Muller and van Dassen, 'From Cacophony to Joint Action: Successes and Shortcomings of the European Nuclear Non-Proliferation Policy' in M. Holland (ed.), Common Foreign and Security Policy: The Record and Reforms (Continuum, London, 1997) at p. 52
8. E. Denza, The Intergovernmental Pillars of the European Union (Oxford University Press, Oxford, 2002), pp. 98-100, pp. 142-143.
9. 1999/877/CFSP, OJ L 331, 23 December 1999.
10. Common Strategy 1999/414//CFSP, OJ L 157/1, 24 June 1999; Joint Action 2003/472/CFSP, OJ L 157/69, 26 June 2003; amended by Council Decision 2003/874/CFSP, OJ L 326/49, 13 December 2003.
11. (1994) 33 ILM, p. 315.
12. Joint Action 96/195 CFSP, OJ L 63/1, 13 March 1996; Common Position 97/484/CFSP, OJ L 213/1, 5 August 1997, Common Position 2001/869/CFSP, OJ L 325, 8 December 2001.
13. 'IAEA Safeguards Implementation Report for 2003; Final Report of the Committee on Arms Control and Disarmament Law of the International Law Association' (Berlin, 2004) at pp. 492-94.
14. For a comprehensive account, see Moxley, 'The Sword in the Mirror - the Lawfulness of North Korea's Use and Threat of Use of Nuclear Weapons based on the United States' Legitimization of Nuclear Weapons' (2004) 27 Fordham International Law Journal, p. 1379.
15. See also The Times, 22 April 2004 and 21 June 2004 on the six-party talks (North and South Korea, China, Japan, the USA and Russia) in which North Korea is seeking security guarantees in exchange for stopping its nuclear weapons programmes.
16. The Times, 9 June 2005.
17. 'Contemporary Practice of the United States' (2004) 98 American Journal of International Law, p. 195.
18. The Times, 29 May 2004
19. The Guardian, 29 May 2004.
20. Common Position 2004/698/CFSP, OJ L 317/40, 16 October 2004.
21. Council Conclusions, Cardiff, June 1998.
22. Council Common Position 98/606/CFSP, OJ L 290/1, 29 October 1998.
23. Joint Action 94/509/CFSP, OJ L 205/1, 8 August 1994; Common Position 2000/297/CFSP, OJ L 97/1, 19 April 2000. For an account of the negotiation and the extensive diplomatic efforts to implement the 1994 Joint Action, see Muller and van Dassen, note 8 above, at pp. 63-65.
24. Joint Action 97/288/CFSP on the promotion of transparency in nuclear-related export controls, OJ L 120/1, 12 May 1997.
25. 'International Legal Developments in Review: 2003' (2004) 38 The International Lawyer, pp. 530-533
26. 'The US Decision To Withdraw from the ABM Treaty' (2002) 32 Arms Control Today, pp. 4-21, 28-30.
27. Common Positions 1999/533/CFSP, OJ L 204/1, 4 August 1999; 2001/286/CFSP, OJ L 99/3, 10 April 2001; 2003/567/CFSP, OJ L 192/53, 31 July 2003.
28. Common Position 2005/329/CFSP, OJ L 106/32, 27 April 2005.
29. Evidence to the House of Lords Select Committee on the European Union, Q 58, printed with its 13th Report, 2004-2005, HL Paper 96, Preventing Proliferation of Weapons of Mass Destruction: The EU Contribution. The text of the Euro-Mediterranean Agreement between the EC and its Member States and the Syrian Arab Republic is in Council Doc. 16336/04 (Articles 3, 4 and 5).
30. Annex II to Presidency Conclusions, Thessaloniki, 19 and 20 June 2003. As stated above, the Protocols entered into force on 30 April 2004.
31. Common Position 1999/533/CFSP, OJ L 192/53, 31 July 2003; Common Position 2003/805/CFSP, OJ L 302/34, 20 November 2003.
32. Paras 85-87 of Presidency Conclusions, Brussels, 12 and 13 December 2003. For comprehensive comment and analysis of the Strategy against Proliferation of Weapons of Mass Destruction see HL European Union Committee 13th Report, note 26 above. On the European Security Strategy see A. Toje, 'The 2003 European Security Strategy: A Critical Appraisal', (2005) 10 EFA Rev, p. 117.
33. Joint Action 2004/495/CFSP, OJ L 182/46, 19 May 2004.
34. Printed in Iran's Nuclear Programme: A Collection of Documents, Cm 6443 (hereinafter Iran Documents) at pp. 114-118.
35. The Proliferation Security Initiative (PSI) was launched by the USA in May 2003 in Krakow to enhance capabilities of interdicting illicit shipments of WMD within the framework of international law: see documents at .
36. The EU had already declared support, and some Member States have participated in specific actions. See Byers, 'Policing the High Seas: The Non-Proliferation Security Initiative' (2004) 98 AJIL, p. 526.
37. Council doc. 10761/1/04 REV 1 (Presse 206).
38. United States Diplomatic and Consular Staff in Tehran, 1979 ICJ Reports p. 7 (Provisional Measures)
39. See S. Nuttall, 'Interaction between European Political Cooperation and the European Community' (1985) 5 Yearbook of European Law, p. 211
40. See Lowe, 'US Extraterritorial Jurisdiction: "The Helms-Burton and d'Amato Acts"' (1997) 47 ICLQ, p. 378
41. Maddox, 'Trade is key to keeping Iran on path of reform', The Times 24 February 2004.
42. See also 'The EU's relations with Iran', at .
43. Conclusions of External Relations Council, Luxembourg, 16 June 2003; Bulletin of the EU 7/8-2003, 1 June, 109.
44. Cm 3665. The Treaty cannot come into force without ratification by the USA (Article XIV and Annex 2). The USA has made clear that it is not prepared to re-submit the Treaty to the Senate which must 'advise and consent' to ratification. Dr Hans Blix has, in evidence to the House of Lords EU Committee, suggested that US ratification would have a 'positive domino effect' on the process of bringing the CTBT into force. HL EU Committee, 13th Report, 2004-05, HL Paper 96, Q 178.
45. Statement by Vice-President of Iran and President of the Atomic Energy Organization of Iran to the IAEA General Conference, 16 September 2002, in Iran Documents, Cm 6443, at pp. 7-9.
46. The Observer, 1 May 2005.
47. IAEA Document GOV 2003/40, in Iran Documents, Cm 6443 at pp. 12-19.
48. Report by the Director General in GOV/2003/63, Board of Governors Resolution 12 September 2003 in GOV/2003/69, printed in Iran Documents, Cm 6443, pp. 25-37.
49. Iran Documents, Cm. 6443 p. 41; Hansard HL Debs. 29 October 2003 Vol. 654 c WA 40 and 13 November 2003, Vol. 654, c 1724-1725.
50. Report by the Director General in GOV/2003/75, Board of Governors Resolution, 26 November 2003 in GOV 2003/81, printed in Iran Documents, Cm 6443, pp. 43-75.
51. The Times, 18 December 2003
52. Disarmament Diplomacy No. 74, December 2003.
53. The Times, 2 February 2004, 13 February 2004, 25 February 2004
54. The Guardian, 2 June 2004.
55. Iran Documents, Cm. 6443, pp. 94-113, and Corrigendum p. 120.
56. The Times, 9 February 2004, 23 February 2004.
57. The Times, 17 July 2004, 27 July 2004
58. The Guardian, 10 August 2004.
59. 'Flirting with Armageddon', The Observer, 20 February 2005.
60. GOV 2004/79, printed in Iran Documents, Cm. 6443, pp. 148-150.
61. The Times, 20 September 2004, 22 September 2004, 13 October 2004.
62. Report of the Director General, 15 November 2004, GOV 2004/03, Iran Documents, Cm. 6443, p. 154, at p. 180.
63. Council Conclusions on Iran, 22-23 November 2004.
64. The Times, 26 November 2004.
65. GOV 2004/90, Iran Documents, Cm. 6443, p. 187.
66. The Times, 27 January 2005.
67. Preventing Proliferation of Weapons of Mass Destruction: The EU Contribution, HL EU Committee 13th Report, 2004-2005, HL Paper 96, Q229.
68. New York Times, 30 April 2005.
69. The Times, 13 May 2005, 26 May 2005; Press Statement by IAEA Director General, 17 June 2005.
70. The Observer, 26 June 2005
71. The Times, 27 June 2005.