SAVING THE NPT

For more than forty years, the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) has provided major security benefits to the international community; however, the treaty is suffering from internal and external pressures, and benign neglect on the part of its members is undermining its authority. To ensure the treaty's continued viability, it is time for member states to start showing the NPT the respect it deserves and to renew their commitments to its fundamental purposes. Achieving this requires remedial action in at least four areas of vulnerability: reinvigorating nuclear disarmament; strengthening nonproliferation; overcoming the NPT's institutional deficit; and fostering a rapprochement between NPT and non-NPT states that does not abandon the goal of treaty universalization. There is still time before the 2010 NPT Review Conference for concerted action to restore the NPT's vitality and for the United States to resume its leadership role on behalf of the treaty and its membership.     

THE NPT

This article assesses the successes and failures of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) since its creation in 1968 by developing and applying a set of “metrics” to each of the NPT's substantive articles as well as to its withdrawal provisions. In light of this analysis, the article also puts forward some specific proposals for strengthening the NPT and its implementation, with a view to the debate and decisions at the upcoming 2010 NPT Review Conference. A concluding section turns explicitly to the 2010 NPT Review Conference and proposes pursuit of agreement on three NPT Action Plans: one for nonproliferation, one for peaceful uses, and one for nuclear disarmament. Combining vision and practicable steps, these Action Plans would set out a roadmap for action between the 2010 and the 2015 NPT Review Conferences. They could provide a foundation for substantive exchanges—in this case, on progress toward their implementation—during the preparations for the 2015 conference.     

Confronting the “Perpetual Menace to Human Security”

Nuclear weapon states historically have attached great secrecy to their nuclear weapon and fissile material production programs and stockpiles, despite warnings that this would fuel fears, handicap informed debate and decision making, and drive arms races. As evidenced by the “Action Plan on Nuclear Disarmament” agreed upon at the 2010 Treaty on the Non-Proliferation of Nuclear Weapons (NPT) Review Conference, however, the international community now sees greater transparency about nuclear weapon and fissile material stocks as necessary for enabling and monitoring progress toward nuclear disarmament. To support this effort, the International Panel on Fissile Materials has proposed a step-by-step program for weapon states to declare their inventories, production histories, and disposition of nuclear warheads and fissile materials, and to set up joint projects to develop methods for verifying these declarations. This openness initiative is described here, and could be adopted at the 2015 NPT Review Conference, laying a basis for negotiating verifiable deep reductions in nuclear arsenals and their eventual elimination.     

THE 2005 NPT REVIEW CONFERENCE

The 2005 Review Conference of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) failed to produce any agreed action plan for addressing nuclear disarmament or proliferation. Detailed discussions and negotiations on such a plan were much curtailed because of procedural wrangles. This article describes the evolution of the conference and argues that changes in the international political environment and problems inherent in the revised NPT review process agreed at its 1995 Extension Conference contributed to the meager outcome. The main issues raised by delegations in their plenary statements, working papers, and the limited time available for interactive discussion are summarized, and three perspectives are offered on the reasons for the lack of any substantive product. Finally, the implications of that failure for the NPT, its review process, the wider regime for international nuclear governance, and nuclear disarmament, nuclear nonproliferation, and the peaceful use of nuclear energy are examined.     

THE ROLE OF LEGITIMACY IN STRENGTHENING THE NUCLEAR NONPROLIFERATION REGIME

The nuclear nonproliferation regime and its essential foundation, the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), are currently under grave stress. The challenges that have plagued the regime since its inception–universal adherence and the pace of disarmament–persist. But new threats raise questions about the effectiveness of the treaty in preventing the spread of nuclear weapons. These include: clandestine pursuit of nuclear weapons by some NPT parties without the knowledge of the international community and the International Atomic Energy Agency in violation of their obligations; the role of non-state actors in proliferation; and renewed interest in the full nuclear fuel cycle, technology necessary to create fissile material for weapons. This article considers recent prominent proposals to address these three threats and assesses them according to their ability to gain legitimacy, a crucial element in strengthening a regime's overall effectiveness.     

MAKING THE AGENDA STICK Lessons Learned From the 2007 NPT PrepCom

After the conclusion of the 2008 Preparatory Committee (PrepCom) for the 2010 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the Nonproliferation Review interviewed Ambassador Yukiya Amano of Japan, who presided over the 2007 session of the PrepCom in Vienna. He provided valuable insights into his preparations for the PrepCom and shared his thoughts on some of the most pressing issues that confronted his chairmanship and the PrepCom as a whole. The interview also provides useful perspectives on the future of the strengthened review process.     

On the Road to the 2015 NPT Review Conference

The second session of the Preparatory Committee for the 2015 Review Conference (RevCon) of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) highlighted two issues in particular—progress toward a Middle East Weapons of Mass Destruction–Free Zone and the Joint Statement on the humanitarian impact of nuclear weapons—that may not only greatly affect the health and vitality of the NPT and the 2015 RevCon, but possibly also have implications for the international nonproliferation regime as a whole. Dr. William Potter, director of the James Martin Center for Nonproliferation Studies, interviewed Ambassador Cornel Feruta, chairman of the 2013 PrepCom, to discuss these and other issues related to the meeting and the future of the treaty and its review process.     

One Step Forward,Two Steps Back

This article explores the potential impact of U.S. disarmament leadership on the nuclear diplomacy of North Korea and Iran, the “defiant states.” The first part of the article introduces the concept of “interaction capacity,” which measures a state's integration into international society, based on its physical communication systems and its adoption of shared norms. The theory predicts that lower levels of interaction capacity will generate a greater propensity for nuclear defiance, as the affected states reject and try to resist integration pressures. In the second and third parts of the article, this conceptual framework is applied to the cases of North Korea and Iran. The analysis suggests that efforts to reassert U.S. disarmament leadership could increase the alienation of North Korea and Iran, leading to provocation and escalation of nuclear tensions. The final part of the paper explores the policy implications of this analysis for the potentially defunct six-party talks, for hopes of renewed negotiations with Iran, and for the 2010 Review Conference of the Treaty on the Non-Proliferation of Nuclear Weapons.     

THE NUCLEAR WEAPON STATES

The nuclear weapon states (NWS) have different perspectives on the desirability and feasibility of a world without nuclear weapons. A review of each of the current nuclear doctrines, postures, and disarmament policies of the five NWS shows that there is a clear divide between them, with some showing relatively determined leadership (the United States and the United Kingdom) and others expressing skepticism, if not complete disinterest (France, Russia, and China). Nevertheless, the prospects for progress on disarmament by the NWS at the 2010 Review Conference of the Treaty on the Non-Proliferation of Nuclear Weapons remain reasonably good. Yet complete success will require much time as well as sustained and applied efforts from the NWS, first and foremost to improve their performance as international security guarantors.     

THE NUCLEAR THRESHOLD STATES

“Nuclear threshold states”—those that have chosen nuclear restraint despite having significant nuclear capabilities—seem like the perfect partners for the reinvigorated drive toward global nuclear disarmament. Having chosen nuclear restraint, threshold states may embrace disarmament as a way to guarantee the viability of their choice (which may be impossible in a proliferating world). Supporting disarmament efforts affirms their restraint, both self-congratulating and self-fulfilling. Additionally, the commitment to their non-nuclear status springs at least in part from a moral stance against nuclear weapons that lends itself to energetic support of global disarmament. However, threshold states also offer significant challenges to the movement for nuclear weapons elimination, in particular in relation to acquisition of enrichment and reprocessing facilities. This article analyzes both the challenges and opportunities posed by threshold states by examining the cases of Brazil and Japan.     

VERIFIABILITY,RELIABILITY, AND NATIONAL SECURITY

The rejection of the Comprehensive Nuclear-Test-Ban Treaty (CTBT) by the U.S. Senate in October 1999 could have been avoided, and the consequences of that vote still loom in the minds of supporters of the treaty. President Barack Obama has embraced the vision of a world free of nuclear weapons, and a key element of the Obama administration's arms control agenda is delivering on U.S. CTBT ratification. In order to secure the two-thirds majority in the Senate necessary to ratify the treaty, senators that remain skeptical of nuclear disarmament must also be convinced that the entry into force of the CTBT is in the national security interest of the United States. This article provides an analysis of the issues surrounding U.S. CTBT ratification divided into three segments—verifiability of the treaty, reliability of the U.S. stockpile, and the treaty's impact on U.S. national security—and concludes that CTBT ratification serves the security objectives of the United States. The CTBT constitutes an integral component of the multilateral nonproliferation architecture designed to prevent the proliferation of nuclear weapons, and it constrains the qualitative development of nuclear weapons, thereby hindering efforts by states of concern to develop advanced nuclear weapons.     

THE FUTURE OF BIOLOGICAL DISARMAMENT

The Sixth Review Conference of the Biological Weapons Convention (BWC) gave the future of biological disarmament new hope. It brought the BWC back closer to the core of multilateral efforts to combat the weaponization of disease, agreed to an intersessional work program for 2007–2010, created an implementation support unit, and revived the interrupted process of BWC evolution through extended understandings agreed at review conferences. However, its aims were deliberately modest. Having set their sights realistically low, delegations did not have to lower them much further. What was most important was to prevent U.S.-Iranian acrimony from paralyzing the conference. With deadlock once again narrowly averted, the conference had to clear away the debris left from past dissensions in order to open the way to constructive evolution for the treaty. In particular the conference avoided contentious subjects such as permanent organization and verification measures for the BWC; its institutional deficit and compliance problems remain. Successes and limitations of the conference are analyzed, as is its equivocal outcome on confidence-building measures. Developing on the endogenous principle, the BWC will continue to need constant attention. At the center of a complex edifice, the BWC must be kept sound, strong, and solid.     

The Moral Dimension of “Global Zero”

Regrettably, moral arguments are largely absent from the current debate on nuclear disarmament. Indeed, complementing politico-strategic thinking with ethical categories could significantly strengthen the abolitionist call. To fill the gap, this article analyzes the evolution of the nuclear ethics of the Roman Catholic Church and especially its position on nuclear deterrence. If this strategy was granted interim and strictly conditioned moral acceptance during the Cold War, nuclear deterrence is today increasingly considered ineffective, an obstacle to genuine disarmament, and hence morally unjustifiable. In the new security context, the conditions for the Catholic Church's “interim nuclear ethics” have altered, and nuclear disarmament has become a feasible option and an alternative strategy to deterrence.     

Beyond Pessimism: Why the Treaty on the Non-Proliferation of Nuclear Weapons Will Not Collapse

This article questions the predominantly pessimistic assessments over the future of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). After analysing available evidence on states’ interests and interactions within the NPT’s framework, it argues that several negative expectations are unwarranted. Conversely, the article identifies three potentially threatening scenarios. Therefore, it scrutinizes the likely impact of reactive nuclear proliferation; analyses the probability of significant actors challenging the existent nuclear architecture; and explores whether the treaty’s enforcement might soon be diluted. The article concludes the NPT is unlikely to face fundamental threats in the foreseeable future.     

Serious Rules for Nuclear Power Without Proliferation

The authors propose five principles for addressing the major deficiencies of the current treaty-based approach to nonproliferation. These involve: effectively closing the door to withdrawals from the Treaty on the Non-Proliferation of Nuclear Weapons (NPT); defining which nuclear technologies fall within the NPT's “inalienable right” provision, so as to maintain a reasonable safety margin against possible military application; expansion of International Atomic Energy Agency inspections to include greater readiness to use its “special” inspection authority; creation of an NPT enforcement regime, to include a secretariat; and universalizing the NPT so as to apply to all states, while creating a path for current non-parties to come into compliance. There is no illusion here about the prospects for the adoption of this approach. At a minimum, the world needs to be frank about the gap between nuclear programs and current nonproliferation protection. Encouragement of greater use of nuclear power should be predicated on closing that gap.     

ALTERNATIVE NARRATIVES FOR ARMS CONTROL

The efforts of President Barack Obama and his administration to restore the United States as a driving force of multilateral arms control and nonproliferation negotiations are commendable, yet the lack of progress on such issues over the last eight years has ensured that U.S. policy has not kept pace with changes in the geostrategic environment and the evolving security agenda. Meanwhile, an alternative agenda has been articulated by non-Western countries. This article focuses on the arms control perspectives of Non-Aligned Movement states and others that have begun to embrace the idea of “disarmament as humanitarian action.” It explores this idea in the context of recent initiatives and argues that if the Obama administration wants to make progress on its arms control and nonproliferation priorities, it should consider a multifaceted approach that incorporates this emerging alternative agenda.     

THE BRAZILIAN WAY

This article examines the positions held by Brazil under the administration of Luiz Inácio Lula da Silva (2003–present) on nuclear nonproliferation, arms control, and disarmament regimes and on contentious issues in those areas. Under Lula's government, Brazil has wanted to mediate between nuclear weapon and non-nuclear weapon states to consolidate its position as a strong negotiator and to benefit from the possible gains of this position in terms of greater participation in international institutions. It has also wanted to pressure nuclear weapon states to fulfill their disarmament obligations in order to reduce asymmetries in its relations with powerful nuclear weapon countries. At the same time, Brazil has tried to preserve its autonomy and flexibility to protect commercial secrets and preserve national security in relation to its own nuclear program.     

Reading the Riot Act: Toward a More Comprehensive Ban on Chemical Weapons

ABSTRACT

The recent use of chemicals in warfare in Syria and Iraq illustrates that, despite the important work of the 1997 Chemical Weapons Convention (CWC), the world has not yet been totally successful in stopping the use of indiscriminate toxic agents in conflicts, either by states or non-state actors. Michael Crowley's excellent and timely new book, Chemical Control, analyzes the use of “riot control agents” (RCAs) and “incapacitating chemical agents” (ICAs), including launch and dispersal systems, by police, paramilitary, and military forces over the last decades and raises the challenging question about where the red line might be drawn between banned and permitted uses of chemicals. He discusses this problem not only in the context of the CWC, which allows use of RCAs for civilian riot control, but also in the context of international law, human rights, and criminal justice, including the Biological and Toxin Weapons Convention and other disarmament and abolition regimes. He proposes a “holistic, three-stage approach” to addressing this issue “for effective regulation or prohibition of the weapon or weapon-related technology of concern.” As we approach the global abolition of a whole class of weapons of mass destruction in the next decade or even sooner, Chemical Control is helpful in better understanding and solving the dilemma of what's actually banned or permitted under international law, and precluding states undermining the chemical weapons ban.     

ADVANCING THE GOALS OF NPT ARTICLE VI

International technical cooperation on issues relevant to the challenges of nuclear disarmament can demonstrate commitment to obligations under Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons, strengthen the security of fissile materials and weapons, and develop technical approaches to support more ambitious disarmament activities in the future. Including non-nuclear weapon states would ensure that their views are taken into account and would invest them in developing solutions to key challenges. This article discusses three areas for technical cooperation that would build on past activities and that could produce such benefits as improved protection, control, and accounting of nuclear weapons and fissile material; enhanced transparency for nuclear weapon complexes; and mechanisms for international management of sensitive civilian nuclear facilities. International cooperation in each of these areas could provide a technical basis for pursuing possible future disarmament negotiations and substantively demonstrate commitment to Article VI.     

The Power of the NPT: International Norms and Ukraine's Nuclear Disarmament

ABSTRACT

There is a lingering disagreement among scholars on how the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) affects nonproliferation and disarmament outcomes. Drawing on constructivist scholarship on international norms, this article examines the extent of the NPT's effect in the case of Ukraine's nuclear disarmament. In the wake of the Soviet Union's collapse, Ukraine found itself host to the world's third largest nuclear arsenal. Despite Ukraine's initial commitment to become a non-nuclear state, it proceeded along a difficult path toward NPT accession. Most controversial and directly at odds with the NPT was Ukraine's claim to ownership of its nuclear inheritance as a successor state of the Soviet Union. This article argues that, while much domestic discourse about the fate of these nuclear weapons was embedded in the negotiation of Ukraine's new identity as a sovereign state vis-à-vis Russia and the West, the NPT played an important, structural role by outlining a separate normative space for nuclear weapons and providing the grammar of denuclearization with which Ukraine's decision makers had to grapple.