The Problem of Weak Nuclear States

Governments are increasingly recognizing the problem posed by internally weak nuclear-capable states. The problem, however, is under-theorized. This article brings together literature on sovereignty and international order, the nonproliferation regime, and weak states, and introduces new concepts to provide a more structured understanding of this problem. Insight comes from focusing attention on the function and governance of two nuclear estates (termed the production and operational estates), and on their resilience to decay and disorder occurring within the state and society. Drawing on empirical observation, the authors suggest a typology of weakness in nuclear states, involving state fragmentation typified by the former Soviet Union, the “hard weak state” typified by North Korea, and the internally conflicted state typified by Pakistan. Although these types give rise to distinctive difficulties, their alleviation depends heavily on the maintenance of internal authority within the state and estates, the presence or absence of cooperative relations, and the international regulatory framework's vitality.     

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.     

INTERNATIONAL REGIME OF FRESH FUEL SUPPLY AND SPENT FUEL DISPOSAL

Recent events in Iran and elsewhere demand a reevaluation of the need for increasing nuclear fuel supplies and assuring reliable flow of fuel to nuclear power user states vis-à-vis the need for strengthened security for all countries against the use of weapons of mass destruction (WMD). The right of countries to a guaranteed supply of nuclear energy for peaceful uses must be balanced with the global community's desire to limit flows of nuclear material and sensitive nuclear facilities that could create opportunities for nuclear proliferation. This article proposes elements of an international regime of fresh fuel supply and spent fuel disposal that will guarantee fresh fuel supplies to countries honoring their obligations under the Treaty for the Non-Proliferation of Nuclear Weapons (NPT), while reducing concerns about diversion of spent fuel for weapons purposes. A specific application to countries with small pre-commercial uranium enrichment plants is also proposed.     

ACHIEVING THE VISION OF THE NPT

This article assesses the prospects for a strategy of incrementalism to lead to achievement of the core bargain of the Treaty on the Non-Proliferation of Nuclear Weapons: non-nuclear weapon states' nuclear nonproliferation in exchange for nuclear weapon states' nuclear disarmament to the point of “global zero.” Game theory, prospect theory, and liberal international theory are used to evaluate the potential of a strategy of incrementalism. While separately each has insights to offer, it is when all three theoretical approaches are used in tandem that meaningful explanatory gains emerge. The article concludes that incrementalism probably cannot lead to complete nonproliferation and global nuclear zero. Instead, signal events (as described by prospect theory) are needed to “punctuate” incremental processes in negotiations (best explained by liberal international theory) in order to move past hindrances such as international structural constraints (exemplified by game theory) and the conservative risk-taking propensities of state elites (described by prospect theory).     

Nuclear opportunism: A theory of how states use nuclear weapons in international politics

How do states use nuclear weapons to achieve their goals in international politics? Nuclear weapons can influence state decisions about a range of strategic choices relating to military aggression, the scope of foreign policy objectives, and relations with allies. The article offers a theory to explain why emerging nuclear powers use nuclear weapons to facilitate different foreign policies: becoming more or less aggressive; providing additional support to allies or proxies, seeking independence from allies; or expanding the state’s goals in international politics. I argue that a state’s choices depend on the presence of severe territorial threats or an ongoing war, the presence of allies that provide for the state’s security, and whether the state is increasing in relative power. The conclusion discusses implications of the argument for our understanding of nuclear weapons and the history of proliferation, and nonproliferation policy today.     

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.     

Africa's toy soldiers,non-state armed groups,and ‘voluntary’ recruitment

Armed conflict on the African continent has witnessed increasing recruitment of child soldiers, often at the hands of non-state armed groups. Unfortunately this practice continues unabated in the face of legal obligations prohibiting the recruitment of child soldiers under international humanitarian law, and international and regional human rights law. While international condemnation of the practice has led to attempts to increase the minimum age for recruitment to 18, a disjuncture persists between the legal obligations states sign up to, and the actual enforcement of these prohibitions at a domestic level.

International criminal law jurisprudence emanating from the Special Court for Sierra Leone and the International Criminal Court is being monitored closely, as these courts seek to enforce the prohibition in all armed conflicts, and against both state actors and non-state armed groups. International humanitarian law only protects child soldiers who have been unlawfully recruited. In this piece, the authors take a closer look at what amounts to unlawful recruitment in light of customary international humanitarian law, since this body of law also binds non-state actors, even without further criminalising legislation at a domestic level. Moreover, the article briefly explores whether a child can ever void this protected status by volunteering to participate directly in hostilities.     

NUCLEAR POWER IN THE MIDDLE EAST:

With the exception of Iran, no Middle Eastern state has an operating nuclear power reactor. Several states, including the United Arab Emirates, Saudi Arabia, Qatar, Kuwait, Israel, Syria, Jordan, Turkey, and Egypt are considering constructing such reactors; some have even taken steps towards commencing nuclear power projects. There exist, however, considerable economic, technical, safety, and security challenges to achieving these goals, many of which are acute in the Middle East region. Regional and international cooperation on nuclear technology could not only help regional states meet their energy objectives, but it could also help to build trust among states as a basic step towards a future Middle East Weapons of Mass Destruction-Free Zone.     

Pakistan’s nuclear future: continued dependence on asymmetric escalation

ABSTRACT

In 2019, the geostrategic landscape of South Asia significantly changed. A crisis between India and Pakistan involved air strikes across international boundaries for the first time since the 1971 war. Pakistan came close to economic collapse, while India re-elected hawkish Narendra Modi as prime minister in a landslide. These developments, alongside the United States’ efforts to strike a deal to leave Afghanistan and rapidly improving US-India relations, portend new challenges for Pakistan’s security managers—challenges that nuclear weapons are ill-suited to address. Despite the shifting security and political situation in the region, however, Pakistan’s nuclear posture and doctrine seem unlikely to change. This article explores the roots of Pakistan’s reliance on the traditional predictions of the nuclear revolution, most notably the notion that nuclear-armed states will not go to war with one another, and argues that this reliance on nuclear deterrence is a response both to Pakistan’s security environment and to serious constraints on moving away from nuclear weapons toward an improved conventional force posture. Pakistan’s central problems remain the same as when it first contemplated nuclear weapons: the threat from India, the absence of true allies, a weak state and a weaker economy, and few friends in the international system. While 2019 may have been a turning point for other states in the region, Pakistan is likely to stay the course.     

NO SUCH THING AS A FREE LUNCH

The funding of international nuclear risk mitigation is ad hoc, voluntary, and unpredictable, offering no transparent explanation of who is financially responsible for the task or why. Among many non-nuclear-armed states, this exacerbates a sense of injustice surrounding what they see as a discriminatory nuclear regime. The resulting erosion of the regime's legitimacy undermines support for efforts to prevent nuclear weapons dissemination and terrorism. This article proposes a transparent, equitable “nuclear-user-pays” system as a logical means of reversing this trend. This system envisions states contributing financially to international efforts to mitigate nuclear risks at a level relative to the degree of nuclear risks created by each state. “National nuclear risk factors” would be calculated by tabulating the risks associated with each state's civilian and military nuclear activities, as well as advanced dual-use and nuclear-capable missile activities, multiplying the severity of each risk by the probability of it occurring, and combining these results. A nuclear-user-pays model would create financial incentives for national and corporate nuclear risk mitigation, boost legitimacy and support for nuclear control efforts among non-nuclear-armed states, assist in preventing nuclear weapons dissemination and terrorism, and advance nuclear disarmament by helping progressively devalue nuclear weapons.     

Multilateral Counter-Insurgency Networks

Postmodern terrorism presents a significant challenge to global security and law enforcement institutions. Non-state actors operating across international borders, engaged in an apparent global insurgency of extremism that transects the traditional boundaries of crime and war, pose significant challenges to both intelligence and law enforcement agencies. These networked global insurgents blend political and religious fanaticism with criminal enterprises to challenge the rule of law and pose an epochal shift in the structures and relations among states. Negotiating this epochal shift requires traditional organs of national security (the diplomatic, military and intelligence services) to forge new partnerships with police and public safety organizations at the state and local (sub-national), as well as transnational levels. Significant operational, policy and cultural challenges must be overcome to forge an effective multi-lateral global network to counter global terrorism and insurgency.     

TURKEY'S NUCLEAR COMEBACK

As worries have grown about global warming and the sustainability and price of fossil fuels, the demand for nuclear energy has increased, and nuclear power is increasingly viewed as a reliable and clean resource. However, the so-called nuclear renaissance coincides with an international security environment in which the norms of nuclear nonproliferation seem to be eroding. Turkey, a non-nuclear weapon state, plans to generate nuclear power to meet future energy demands, but it is aware of and concerned with regional proliferation trends. Questions have also been raised regarding Ankara's rationale for using nuclear energy, as well as its potential motivations and capabilities regarding future proliferation. This article will provide an overview of Turkey's nuclear energy history and plans, as well as the proliferation-related questions that could arise; it will also look at the domestic debate on nuclear energy and Turkey's status as a non-nuclear weapon state.     

Private security contractors and international humanitarian law—a skirmish for recognition in international armed conflicts

In recent international armed conflicts private security contractors (PSCs) have played an ever increasing role and military advisors and tribunals are facing the dilemma of assessing the primary and secondary status of PSCs under international humanitarian law. In this article the misconception that PSCs are necessarily mercenaries will be dispelled. The possibility that PSCs might be categorised as combatants or civilians will then be explored. The conclusion is that where they are incorporated into the armed forces of a state, PSCs might attain combatant status. However, given that states are reluctant to formally incorporate PSCs into their armed forces, they will most likely remain essentially civilian. Their degree of participation in hostilities will determine whether they retain their immunity under international humanitarian law from attack and prosecution (as civilians) or whether they are rendered unlawful belligerents.     

A Novel Framework for Safeguarding Naval Nuclear Material

ABSTRACT

The present international standard allows non-nuclear weapon states (NNWS) to forego safeguards when nuclear material is used in a “non-proscribed military activity,” though no criteria have been established to determine when NNWS can remove naval nuclear material from safeguards. Though at present, only nuclear-armed states possess nuclear submarines, the global nuclear naval landscape may soon change with the advancement of Brazil's fledgling program and the possible precedent it would set for other NNWS. A framework is needed to shore up nuclear security and prevent nuclear material diversion from the nuclear naval sector. Proposed and existing nonproliferation frameworks, including a Fissile Material Cut-off Treaty and commitments through the nuclear security summits, are insufficient to close this loophole. A Naval Use Safeguards Agreement (NUSA), modeled after the Additional Protocol of the International Atomic Energy Agency, would provide a framework to remove the opacity surrounding nuclear material in the naval sector. Designed for NNWS and encouraged as confidence-building measures for nuclear weapon states, NUSA would explicitly outline those stages in the naval nuclear fuel cycle where safeguards are to be applied and in what context. This viewpoint also further provides direction for targeted research and development in technical naval nuclear safeguards solutions.     

The Canary in the Nuclear Submarine: Assessing the Nonproliferation Risk of the Naval Nuclear Propulsion Loophole

ABSTRACT

The Treaty on the Non-Proliferation of Nuclear Weapons (NPT) allows states to exempt nuclear material from international safeguards for use in nuclear submarine programs. This material, however, could be diverted for nuclear weapons purposes without the knowledge of inspectors, creating a potentially dangerous loophole in the treaty. This article argues that exercising that loophole today would amount to admitting a nuclear weapon program, making it a particularly poor pathway to a weapon for a potential proliferant. Still, if states like Brazil ultimately exempt nuclear material from safeguards for a nuclear submarine effort, they could set a dangerous precedent that makes it easier for others to use the loophole as a route to a nuclear weapon capability. There are several policy options available to mitigate the damage of such a precedent; most promising is the prospect of a voluntary safeguards arrangement that would allow international inspectors to keep an eye on nuclear material even after it has been dedicated to a naval nuclear propulsion program.     

Nuclear Subsidies and Proliferation: Clarifying the Link

ABSTRACT

In March 2015, the South Australian state government established a royal commission to investigate the financial, social, technical, diplomatic, and nonproliferation benefits and risks of expanding its nuclear industry, including activities related to uranium mining; enriching, reprocessing, and fabricating nuclear fuels for both domestic use and export; producing nuclear power; and storing radiological waste, including foreign spent reactor fuel. Given its enormous uranium reserves and current mining activities, some Australians have argued that Australia could benefit financially by expanding the mining sector and by adding value to its uranium exports by enriching the material and fabricating it into reactor fuel assemblies. Others have maintained that Australia can realize significant economic benefits by recycling and storing foreign spent fuel and producing carbon-free nuclear power. In the end, the commission recommended that Australia consider opening up a high-level waste repository to take in foreign spent fuel. It did not recommend any other nuclear activities at this time. The following viewpoint is based on testimony I delivered to the commission on the nuclear weapon proliferation implications of the proposed activities. If Australia wants to avoid the temptation of selling nuclear goods to states that might use these goods to make bombs, it should only consider new nuclear activities that can be entirely financed by the private sector and turn a profit without having to resort to foreign sales. This policy would also enable Australia to set an important, new international nonproliferation standard.     

Nuclear Fusion Power for Weapons Purposes

Fusion reactors have the potential to be used for military purposes. This article provides quantitative estimates about weapon-relevant materials produced in future commercial fusion reactors and discusses how suitable such materials are for use in nuclear weapons. Whether states will consider such use in the future will depend on specific regulatory, political, economic, and technical boundary conditions. Based on expert interviews and the political science literature, we identify three of these conditions that could determine whether fusion power will have a military dimension in the second half of this century: first, the technological trajectory of global energy policies; second, the management of a peaceful power transition between rising and declining powers; and third, the overall acceptance of the nuclear normative order. Finally, the article discusses a few regulatory options that could be implemented by the time fusion reactors reach technological maturity and become commercially available; such research on fusion reactor safeguards should start as early as possible and accompany the current research on experimental fusion reactors.     

Business and peace in the Niger Delta: what we know and what we need to know

The global restructuring of state–society relationships driven by neoliberal logic has not only allowed for the taming of the ‘state’, which has paradoxically accentuated its inadequacies, but has also facilitated, for better or for worse, the emergence of business – especially transnational corporations – as a major political force in global governance. Consequently, while the issues of peace and conflict have traditionally been the concern of governments, businesses are now increasingly being expected to make peace and conflict their concern. However, despite claims and counterclaims that businesses can be moneymakers and peacemakers, analyses of the relationship between business and peace remain largely embryonic. This paper seeks to contribute to this emerging business and peace debate by drawing on insights from the Niger Delta conflict to ascertain what we know and what we need to know if businesses are to become peacemakers in conflict zones in Africa.     

NUCLEAR ATTRIBUTION AS DETERRENCE

Recently, post-explosion nuclear forensics, or nuclear attribution, has gained a new spotlight within the nuclear weapons scientific and policymaking community. Academics are beginning to ask whether post-explosion forensics might create a replacement for an international nonproliferation regime, or at least offer a fallback option to deter states and individuals from selling nuclear materials. This paper examines current attribution technology from unclassified literature and finds the technology to be well developed but not foolproof, such that nuclear attribution currently provides little deterrent value. If current capabilities were publicized more thoroughly and if the post-explosion process of assessing the evidence were internationalized, states and intermediate actors might be deterred more effectively. Developing a nuclear fingerprint database is also discussed. While useful, its impact on deterrence would be minimal.     

THE SECURITY IMPLICATIONS OF CHINA'S NUCLEAR ENERGY EXPANSION

Nuclear energy is an integral part of China's energy strategy and will increasingly contribute to China's total energy supply. China has more than twenty civilian facilities, including power reactors, mines, and enrichment plants, to support its nuclear power program. As China operates more nuclear plants, more nuclear materials will be produced and stockpiled, and more nuclear facilities will be spread around the country. To ensure that this expanded network of nuclear facilities does not increase the risk that nuclear materials will be diverted or become the target of attack, China will need to develop more reliable domestic nuclear security strategies. China is also poised to become a major exporter of nuclear energy technology. China has committed to keeping nuclear technologies out of the hands of dangerous states and/or sub-state organizations, but in order to fulfill its nonproliferation obligations as well as its treaty-based commitment to share nuclear technologies, China will need to strengthen nuclear export controls and practices. This report examines and evaluates security measures at Chinese civilian nuclear power plants and suggests ways to improve them. It also reviews current export control policies and systems, identifies likely challenges to the expanding nuclear sector, and proposes possible solutions.