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.

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.

Nuclear proliferation poses a serious threat to international peace and security. The non-proliferation regime is the body of public international law that aims to counter this threat. It has been a cornerstone of global security for decades. This book analyses its main instruments. The book focuses on the Nuclear Non-proliferation Treaty, international trade controls and the International Atomic Energy Agency. It describes the internal mechanics of these mechanisms, their development, and their strengths and weaknesses. It shows how they together are the basis of a political-legal order that is more than the sum of its parts, offering new insights on the role of international law in an area dominated by security-driven politics.

This book suggests a new bargain between the NPT nuclear weapon states and the non-NPT nuclear weapons possessor states, mainly India and Pakistan, through a regional arrangement to help move towards universalization of the nuclear nonproliferation regime. The author analyses nuclear proliferation drivers to understand why states acquire and justify possession of nuclear weapons even though most nuclear weapon states no longer are faced with an existential threat to their national security. This study also identifies various challenges being faced by the NPT based nuclear nonproliferation regime, which if left unaddressed, could unravel the nonproliferation regime. It also offers the history of confidence building measures between India and Pakistan, which could be a useful reference for negotiating a Regional Nonproliferation Regime (RNR) in the future.

A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. This book examines the current debate on nuclear non-proliferation and disarmament, notably the international non-proliferation regime and how to implement its disarmament provisions. Discussing the requirements of a new international consensus on nuclear disarmament and non-proliferation, this book builds on the three pillars of the nuclear non-proliferation treaty (NPT): non-proliferation, disarmament and peaceful uses of nuclear energy. It reviews the impact of Cold War and post-Cold War policies on current disarmament initiatives and analyses contemporary proliferation problems: how to deal with the states that never joined the NPT (India, Pakistan and Israel); how states that have been moving toward nuclear weapons have been brought back to non-nuclear-weapon status; and, in particular, how to deal with Iran and North Korea. The analysis centres on the relationship between disarmament and non-proliferation in an increasingly multi-centric world involving China and India as well as the US, the European powers and Russia. It concludes with a description and discussion of three different worlds without nuclear weapons and their implications for nuclear disarmament policies. This book will be of great interest to all students of arms control, strategic studies, war and conflict studies, and IR/security studies in general Sverre Lodgaard is a Senior Research Fellow at the Norwegian Institute of International Affairs, Oslo

This study looks at the interpretations and effects of the Nuclear Non-Proliferation Treaty and offers readings of its possible future effects.

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.