Chapter 3

NWFZs and the Treaty on the Non-Proliferation of Nuclear Weapons (NPT)

Article VII of the NPT

The role NWFZs play in strengthening the security of participating NNWS states was recognized by the drafters of the NPT. Article VII of the NPT was therefore created to assure the right of states to establish specified zones free of nuclear weapons. According to Article VII: "Nothing in this Treaty affects the right of any group of States to conclude regional treaties in order to assure the total absence of nuclear weapons in their respective territories." NWFZs are increasingly perceived as important supplementary elements of the nuclear nonproliferation regime.

While existing NWFZ treaties resemble the NPT, several significant differences between these treaties are notable. First and foremost, NWFZ treaties completely ban nuclear weapons from all territories within the respective zones, making NWFZ treaties more restrictive than the NPT. Another difference between NWFZs and the NPT is their scope of influence - while the NPT takes a global approach to nonproliferation and disarmament, the establishment of NWFZs represents a regional effort to attain the same goals.

The three main pillars of the NPT are nonproliferation, disarmament, and the peaceful use of nuclear energy. While  NWFZ treaties include these pillars, treaties establishing nuclear-weapon-free zones additionally require that the NWS who are signatories provide assurances to that they will not use or threaten to use nuclear weapons against any country in the respective zones. These negative security assurances are included in the protocols to all NWFZs as an integral part of each treaty.

Deployment of Nuclear Weapons

The main difference between the NPT and NWFZ treaties is evident in the different treatment of the issue of nuclear weapons deployment. All NWFZ treaties explicitly prohibit any deployment of nuclear weapons inside their respective zones. The NPT, however, does not specifically prohibit the deployment of nuclear weapons possessed by NWS inside the territories of NNWS, although most states parties to the NPT assume such a ban under the treaty. While vague on the issue of deployment, the NPT clearly prohibits the transfer of nuclear weapons from NWS to NNWS. The ambiguous treatment of deployment means that U.S.-controlled nuclear weapons can be deployed in the territories of NNWS who are NATO members, so long as control of the weapons is not transferred to those nations. In 2004, U.S. nuclear weapons remain deployed in Belgium, Germany, Greece, Italy, the Netherlands, Turkey, and the United Kingdom (although the number of U.S. nuclear weapons in Europe dramatically decreased after the Cold War.)

IAEA Safeguards

Under the NPT, all NNWS promise to use nuclear energy exclusively for peaceful purposes, and to accept comprehensive (or "full-scope") safeguards applied on all source or special nuclear material (including uranium, plutonium, and thorium). NNWS may not acquire nuclear weapons or other nuclear explosive devices. NWS may provide nuclear technologies to NNWS exclusively for peaceful purposes. Similarly, no provisions exist in NWFZ treaties to prevent the use of nuclear science and technology for peaceful purposes.

As with the NPT, all four existing NWFZ treaties also require state parties to adopt IAEA safeguards to verify compliance with their obligations under the treaty.  However, some of the NWFZ treaties are also supplemented by additional safeguards with regional mechanisms and procedures. For example, the Agency for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (OPANAL) was created by the Treaty of Tlatelolco to ensure that the obligations of the treaty are met.

 

Chapter 3, page 1 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 © 2005 by MIIS.