Chapter 6
 

Perceptions of Key Contentious Issues for the NPT

Nuclear weapon states and non-nuclear weapon states place different priorities on NPT provisions.  This chart shows divergent views to key issues of the NPT.

  *Click on country names for pro and con quotes.

 
  Proponents Opponents/Critics
Issue Nonproliferation Compliance: Strengthening compliance enforcement
  Many states from Western Group and Others (WEOG) argue that compliance enforcement mechanisms should be enhanced to prevent and respond to violations of Articles I and II. The United States in particular has stated that the NPT is in a “crisis of compliance,” and urges NPT parties to take steps to punish treaty violators. EU states have also stressed the role of the Security Council in enforcing the NPT’s nonproliferation provisions. While the Non-Aligned Movement (NAM) states parties have not voiced strong opposition to measures to enhance compliance enforcement, it has continually brought attention to the central role of the IAEA as the "competent authority" in verifying and assuring compliance instead of establishing a new system for enforcement. These states also emphasize the danger of infringement on the right to peaceful use of nuclear technology through accusations of non-compliance.
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Issue Nonproliferation Compliance: Censuring Iran for Treaty violations
  The United States and most of WEOG states have believed that Iran is in noncompliance with its nonproliferation obligations, and have asserted that Iran is busy developing a clandestine nuclear-weapons program. The IAEA Board of Governors meeting in September 2005, for the first time, adopted a resolution stating Iran's noncompliance.  After Iran removed IAEA seals on its enrichment-related equipment at its research facility in Natanz on January 10, 2006, negotiations between the EU-3 and the Iranian government completely collapsed.  The EU-3, as well as China and Russia, joined the United States to called for Iran to be referred the UN Security Council.  At a special session of the IAEA Board of Governors meeting in February 2006, the Board decided to refer Iran's nuclear issue to the UN Security Council.

Both the EU-3 and the United States have declared that Iran must permanently cease its enrichment and reprocessing activities to provide assurance that it is only seeking nuclear technology for peaceful purposes.

Member of the NAM together with Russia and China have been reluctant to critique Iran’s safeguards transgressions, and have played a significant role in weakening the language of the IAEA Board of Governors’ resolutions on Iran. Iran itself maintains that it is in full compliance with the NPT, and is exercising its “inalienable right” to the peaceful use of nuclear technology, including the use of enrichment and reprocessing technologies. China and Russia, however, persuaded by the United States and the EU 3, voted for the resolution to refer the Iran's nuclear issue to the UN Security Council at the IAEA Board of Governors meeting in February 2006.
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Issue Peaceful Uses: Limiting the transfer of nuclear fuel cycle technologies
  The IAEA, supported by a significant number of WEOG states, have begun to pay increasing attention to the proliferation sensitivity of particular aspects of the nuclear fuel cycle, primarily uranium enrichment and plutonium reprocessing technologies. In order to close this purported “loophole,” several proposals have been made to place limitations on the development of these fuel cycle technologies, including the call by the United States to restrict these capabilities only to states that already possess them.  IAEA Director-General ElBaradei suggested a different approach by implementing a voluntary moratorium on the development of enrichment and reprocessing facilities and by establishing multinational fuel cycle centers under IAEA control. In order to explore ways to address this issue, the IAEA created an expert panel which issued a report entitled “Multilateral Approaches to the Nuclear Fuel Cycle. Many NNWS, mostly from the NAM, have voiced strong opposition to proposals for restricting the development of fuel cycle technologies on the grounds that such limitations would be in contravention of the “inalienable right” to nuclear technology for peaceful purposes.  States such as Argentina and South Africa have argued that restrictions should not be placed on states that comply with the treaty and seek nuclear energy for peaceful use. Egypt has questioned the legality of such restrictions, arguing that they may constitute a reinterpretation of the treaty, thereby requiring an amendment to put them into effect.

Japan suggests that the international community continue to discuss and thoroughly examine the issue of multilateral approaches to the nuclear fuel cycle. Japan has been highly suspicious of proposals for "Multilateral Approaches to the Nuclear Fuel Cycle" commissioned by IAEA Director-General Mohamed ElBaradei. At the 2005 NPT Review Conference, Japan questioned how this approach would actually contribute to solving the issues of countries that have already violated their international obligations on nonproliferation or of countries of proliferation concern. Japan also expressed concern over the restriction of peaceful uses of nuclear energy.

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Issue Peaceful Uses: Strengthening Nuclear Export Controls
  Many of the states that belong to the nuclear export control regimes, (NSG and Zangger Committee), have argued that both national and multilateral export controls must be enhanced to prevent the proliferation of nuclear weapons-related technology and materials to NNWS and non-state actors. These calls for strengthened national export controls were bolstered by the adoption of Security Council Resolution 1540, which requires all states to implement national export controls over WMD and related materials. States such as Germany have declared the need for the IAEA to determine the minimum standard of export controls in order to achieve greater harmonization and ferret out the “weak links” in the export control regime. Most NAM states continue to express their concern that strengthening nuclear export controls will further limit states’ access to materials needed for development. They argue that export controls threaten to hinder access to the use of nuclear technology for peaceful purposes. According to a working paper issued by the NAM, export controls that place a limitation on the peaceful use of nuclear technology are incompatible with the NPT, and should be removed.
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Issue Disarmament: Facilitating Early Entry into Force of the CTBT
  With the exception of the United States, all NPT States Parties are in agreement that the entry-into-force of the CTBT is an important next step forward toward nuclear disarmament. These states, in particular the members of the NAM, argue that the CTBT once entered into force, will prevent the development of additional nuclear weapons since it would outlaw any form of nuclear testing. States across political and regional groupings, including four of the five NWS, continue to call for all states, but in particular the Annex 2 states required for the Treaty’s entry-into-force, to sign and ratify the CTBT. While twelve Annex 2 states have yet to ratify the CTBT, the United States has been recognized as the primary hurdle to the Treaty’s entry-into-force. For a number of reasons related to verifiability and the nuclear-weapon stockpile security, the United States has declared that it no longer supports the CTBT, and continues to oppose any language supporting the treaty’s entry-into force in the context of the NPT review process.
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Issue Disarmament: Negotiating a verifiable FMCT
  Most states have declared their support for the commencement of negotiations on a fissile material control treaty (FMCT) in the Conference on Disarmament (CD).  However, in light of the new U.S. position to support only negotiations on a treaty without verification, the degree of support for the commencement of negotiations on "a non-discriminatory, multilateral and internationally and effectively verifiable treaty banning the production of fissile materials cut off treaty (FMCT)" as stated in the Shannon Mandate has come to vary. The Mandate was adopted by consensus by the CD in 1995.

Most NAM countries continued to call for  "a non-discriminatory, multilateral and internationally and effectively verifiable treaty," while some WEOG countries including the EU and Canada, seemed to avoid specifically mentioning verification. 

Nevertheless, the states that place verification as a requirement for FMCT negotiations cut across groupings, and include states such as Germany, Egypt, Austria, Italy, and Australia.

The United States has determined that an FMCT cannot be effectively verifiable. The United States supports the commencement of negotiations on an FMCT in the CD, but does not support the negotiation of verification provisions. This new U.S. position is a departure from its position which the United States took during the 1990s to support  the commencement of internationally verifiable FMCT.
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Issue Disarmament: Further Reducing Non-Strategic Nuclear Weapons
  Many NNWS, most notably, Austria, Sweden, and Ukraine have declared that disarmament measures, particularly by the Russian Federation and the United States, have largely neglected the large amount of non-strategic (or tactical) nuclear weapons still deployed by the NWS. These states have called for further reductions in these weapons in a verifiable and irreversible manner. In addition, these states have specifically called upon Russia and the United States to reaffirm, codify, and fully implement the 1991/1992 Presidential Nuclear Initiatives (PNI) on the reduction of non-strategic nuclear weapons. While the United States has declared that it has implemented its obligations under the 1991/1992 PNIs, the Russian Federation maintains that its Non-Strategic Nuclear Weapons are an important part of its security force. Russia argues that non-strategic weapons should not be considered separately from other weapons systems. In addition, Russia has linked its forward deployment of non-strategic nuclear weapons to the presence of U.S. nuclear forces in NATO states, arguing that these weapons should be removed.
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Issue Safeguards: Standardizing the Additional Protocol
  Nearly all WEOG states, as well as the IAEA, have called for the Additional Protocol to become the new standard for safeguards to provide greater assurance that NNWS are not engaged in nuclear proliferation. These states have urged all states to conclude both Comprehensive Safeguards and Additional Protocols with the IAEA. States such as Australia, the United Kingdom, and the United States have called for the Additional Protocol to become a condition of supply of nuclear technology, a measure which the United States promoted in the NSG. While nearly all states have expressed their support for the importance of the Additional Protocol, many states, in particular,  NAM states, have declared that the protocol should remain a voluntary measure.  These states believe that NNWS should not have to bare an additional burden, particularly given their views that little progress, if any, has been made towards nuclear disarmament.  Egypt, for example, has so far resisted any attempts to standardize the Additional Protocol. A Non-Alignment Movement working paper noted  that the Additional Protocol distinguishes between legal obligations and confidence building measures.
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Issue Legally Binding Negative Security Assurances
  The NAM states and most other NNWS, although to various degrees, have consistently argued that part of the package deal that led to the indefinite extension of the treaty in 1995 was the condition that the NWS would work toward legally binding assurances that the NWS would not use nuclear weapons against NNWS. The NAM and NAC have called for the creation of a subsidiary body in the context of the review process  to discuss the creation of such a mechanism. China, which maintains a “no first use” policy, has joined the call for a legally binding agreement on negative security assurances. The NWS, with the exclusion of China, are opposed to legally binding negative security assurances. The NWS were also opposed the creation of a subsidiary body to address the issue. The 2005 Review Conference did agree to establish a subsidiary body to its main Committee I to consider both nuclear disarmament and security assurances. While NWS are opposed to legally binding negative security assurances, they have all issued political statements not to use or threaten to use nuclear weapons against NNWS. However, with the exception of China (no-first use) these statements include exceptions that would allow the use or threat of use of nuclear weapons, if the NWS are attacked by NNWS. Any future legally binding instrument would most likely require similar provisions.
 
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Issue Withdrawal: Strengthening Withdrawal Provisions
  In light of North Korea’s withdrawal from the treaty and its subsequent announcement that it would develop nuclear weapons, many states, primarily from the WEOG, have expressed a need to ensure that the withdrawing state should not be allowed to use technologies and materials gained as a result of its treaty membership. A number of proposals have been issued to strengthen the withdrawal provisions of the treaty, including calls by the EU and South Korea for consultations with the withdrawing state to discourage any threat of withdrawal; by Australia that the Security Council should immediately consider any state withdrawal, and by the United Kingdom and France that withdrawing states should remain responsible for Treaty violations.
 
While little open opposition has been expressed in regard to strengthening the treaty’s withdrawal provisions, many states, particularly from the NAM, assert that the sovereign right of withdrawal must not be curtailed.
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Multimedia: Pro and Con quotes 

 

Chapter 6, page 2 of 2

This material is produced independently for NTI by the Center for Nonproliferation Studies at the Monterey Institute of International Studies and does not necessarily reflect the opinions of and has not been independently verified by NTI or its directors, officers, employees, agents.
Copyright © 2006 by MIIS.