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.     

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 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.     

Birth of a norm champion: how South Africa came to support the NPT’s indefinite extension

In 1995, South Africa was in a special position. It was: a new party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the first country to voluntarily renounce nuclear weapons, led by a charismatic leader, and seen as a champion of disarmament principles. Yet South Africa’s new leaders were also interested in affirming their position within the Non-Aligned Movement, which was adamantly opposed to the NPT’s indefinite extension. Why, then, did South Africa decide to support the indefinite extension of the NPT in 1995? Existing scholarship has ascribed too much credit to pressure from the United States, overlooking domestic debates in South Africa and the bifurcation between professional diplomats and political elites. This article, building on new archival sources and in-depth oral-history interviews with major actors, demonstrates that South African diplomats opposed indefinite extension while South African policy elites allocated little attention to the topic until late in the game. The findings contribute to our understanding of South Africa’s norm entrepreneurship, as well as the politics of global nonproliferation.     

EDITOR'S NOTE

The Nonproliferation Review (NPR) recently interviewed Ambassador Sergio de Queiroz Duarte of Brazil, who presided over the 2005 Seventh Review Conference of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). Ambassador Duarte discussed his views on the outcome of the conference and the future of the treaty. He provided NPR with valuable insights into the outcome of the conference and also shared his thoughts on some of the most pressing issues confronting the NPT today, including the Middle East, nuclear terrorism, elimination of the threat of highly enriched uranium in the civilian nuclear sector, proposals to limit access to the nuclear fuel cycle, nuclear disarmament, and negative security assurances. Blaming the failed conference on a general lack of political commitment among states parties and their unwillingness to negotiate common solutions, Ambassador Duarte stressed that “the conference should face squarely its own failure without my attempting to disguise or sugarcoat the deep differences of view, which must be resolved with courage and determination by the states parties if they want the treaty to remain effective.”?He emphasized that if states fail to act on their overriding interest in upholding the NPT, especially if states parties continue to ignore or disregard their nonproliferation and nuclear disarmament obligations, some states might come to believe that their security interests are no longer served by the treaty. The future prospects of the NPT would then “look dire indeed.”     

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.     

“Disarmament Market” Effects of Information Disclosures

In yet another wave of discussion on nuclear disarmament among political scientists and practitioners, one of the topical issues concerns the problem of transparency, its mechanisms, costs, and benefits. Numerous—though often abstract—calls for greater transparency of nuclear arsenals and postures when promoting the idea of nuclear disarmament, however, do not give a clear rationale for states possessing nuclear weapons to pursue greater transparency. Meanwhile, many other research fields—such as economics and psychology—attempt to address problems related to the lack of exact information on the counterpart's activities and intentions. Economics offers one probable analog for the transparency problem: the issue of information asymmetry and its consequences. This article is an attempt to apply the classical model of a market with information asymmetry to the analysis of the transparency problem within the nuclear disarmament process. Such an approach could help pave the way for closer cooperation between economic and political scientists in the nuclear disarmament field.     

The Relative Efficacy of the Biological and Chemical Weapon Regimes

The biological and chemical weapon nonproliferation and disarmament regimes are often put forward as models of what the nuclear nonproliferation regime could (or should) be. But are these regimes effective? If so, is one stronger and/or more effective than the other? What is it that makes them relatively stronger than the nuclear nonproliferation regime? In this article, we return to and expand upon a framework for assessing regime health and effectiveness. We utilize this framework to engage in a comparative analysis of the chemical weapon (CW) and biological weapon (BW) nonproliferation regimes, respectively. Our analysis reveals that these two regimes are comparatively healthier than their nuclear counterpart. While some of their behavioral features might be troubling—such as the disputes over stockpile destruction of CW—these tend to be mitigated by the presence of a strong norm against possession and proliferation of both CW and BW. This norm is adequately embedded into the existing institutional features of the regimes in ways that do not exist in the nuclear nonproliferation regime.     

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 major prize”: apartheid South Africa’s accession to the Treaty on the Non-Proliferation of Nuclear Weapons, 1988–91

ABSTRACT

This article focuses on the final years of South Africa’s nuclear-weapon program, particularly on the decision-making process leading up to the signature of the 1968 Treaty on the Non-Proliferation of Nuclear Weapons (NPT) by the South African government in 1991. In August 1988, after two decades of defiance, negotiations between the apartheid government and the NPT depository powers (the United Kingdom, the United States, and the Soviet Union) ensued at the International Atomic Energy Agency (IAEA) in Vienna. Despite South Africa being the only state to give up its indigenously developed nuclear weapons and subsequently join the nonproliferation regime, little is known about how the national position on NPT accession and IAEA safeguards evolved. Research carried out in multiple archives using hitherto untapped primary sources and interviews with key actors from several countries show how domestic and regional political dynamics influenced Pretoria’s position on entering the nonproliferation regime. In the process, the F.W. de Klerk government managed to skillfully exploit international proliferation fears to advance its own agenda, thereby connecting South African NPT accession with that of the neighboring Frontline States coalition of Angola, Mozambique, Tanzania, Zambia, and Zimbabwe.     

YOU CAN'T ALWAYS GET WHAT YOU WANT

The 2010 Review Conference of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) produced a Final Document calling for an extension of the principles of the nonproliferation norm as well as steps toward complete disarmament. This article looks beyond the rhetoric, however, to examine recent decisions by great powers to expand nuclear trade with non-NPT countries and the implications of these decisions on the traditional nonproliferation norm of restraint. This article seeks to contribute to constructivist theory by supplementing existing accounts of norm creation and establishment with a new model of norm change. The article develops a case study of the 2008 US-India nuclear deal to highlight the role of elite agency in key stages of norm change, including redefinition and constructive substitution through contestation. It concludes that the traditional nonproliferation norm may be evolving in new directions that are not well captured by existing theoretical frames.     

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.     

Nuclear Disarmament and Stability in the Logic of Habit

ABSTRACT

In 2008, the announcement of the Global Zero campaign—an international effort to eliminate nuclear weapons—coincided with the election of Barack Obama. The new president, avowedly pro-disarmament, made getting to zero nuclear weapons a centerpiece of his foreign policy. This article takes on the question of what impact global disarmament might have on international strategic stability. In a break with much of the literature and analysis on nuclear policy, it explicitly focuses on how publics understand the significance of nuclear weapons. In so doing, the article draws on recent international relations scholarship on the role of habit to argue that eliminating nuclear weapons can generate instability by creating widespread perceptions of insecurity and anxiety. If disarmament campaigners wish to achieve their goal without generating instability, they will need to work over the long-term to break habituated beliefs about nuclear weapons.     

RELIABLE ENERGY SUPPLY AND NONPROLIFERATION

The phenomenon of global warming has led to a revival of the prospects for increased nuclear energy production worldwide, yet such increased production carries with it the increased risk of proliferation. To mitigate this risk, various multinational arrangements have been proposed to provide reliable supply of nuclear fuel while at the same time discouraging the construction of national plants for nuclear enrichment and reprocessing. This article provides a brief history of some of these proposals and concludes that the likelihood of success for such schemes as effective tools for nonproliferation is not high at this time. A proposal from the World Council on Renewable Energy to expand the understanding of supplier obligations under Article IV of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) to include the development of non-nuclear energy technologies for NPT parties in good standing is potentially a much better nonproliferation tool. Such an approach tracks the ideas contained in Title V of the Nuclear Non-Proliferation Act of 1978, which has recently received revived congressional interest.     

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.     

Chemical weapons and the Iran‐Iraq war: A case study in noncompliance

Policy makers and scholars have drawn improper lessons from the Ukrainian case of disarmament. Employing a content analysis of Ukrainian and Russian news sources, as well as a series of interviews with Ukrainian officials conducted by the author, this paper argues that Ukraine did not surrender its nuclear arsenal because it received compensation or faced financial and technical hurdles in securing effective command and control over the weapons. Instead, Ukraine surrendered its nuclear weapons due to a lack of demand for them. The historical interactions between Ukrainians and Russians led the majority of Ukrainian leaders to reject a conception of the Ukrainian national identity that cognitively perceived Russia as a security threat. Only with a proper understanding of this case study can the international community understand how the nonproliferation norm succeeded.     

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.     

Deferred verification: verifiable declarations of fissile-material stocks for disarmament purposes

ABSTRACT

Nuclear disarmament is often seen as eventually requiring access to nuclear warheads or to the warhead-dismantlement process to verify that a state has not hidden weapons or weapon-materials despite promising to disarm. This article suggests this view is misplaced, and that what is needed is a verification mechanism able to provide reliable assurances of the absence of fissile materials available for use in weapons after a state has disarmed. Such a mechanism will need an initial declaration of the amount of fissile materials held by a state for all purposes, military and civilian. In a state with a nuclear arsenal awaiting elimination, this declaration would have to include materials that may not be available for verification because they are in nuclear weapons or are in other classified or proliferation-sensitive forms. This article describes a verification arrangement that does not require access to materials in weapons and in sensitive forms while still allowing checks on the overall accuracy of the declaration. Verification of the completeness and correctness of the declaration is deferred to the time when the weapons-relevant material enters the disposition process, at which point it no longer has any sensitive attributes. By removing the focus on monitoring warheads and dismantlement, this new approach could provide a more manageable path to nuclear disarmament.     

Making Us Disarmament Commitments Credible

President Barack Obama's 2009 commitment to pursue a world without nuclear weapons struck some as incredible given political resistance to arms control treaties and unilateral reductions. This viewpoint describes steps that can demonstrate a commitment to nuclear disarmament that do not rely on warhead dismantlement. These steps include the collation and release of nuclear data; the renovation and construction of facilities to new transparency standards; and the selective modification of conventional weapon systems. The steps may make a disarmament agreement more likely by assuaging the difficulty the United States will have committing to a verification scheme, given its capacity to circumvent such a scheme. A more credible disarmament pledge could also secure substantial fiscal and diplomatic gains.     

INTERNATIONAL SECURITY ON THE ROAD TO NUCLEAR ZERO

The disappointingly slow pace of progress on efforts to prevent proliferation, reduce nuclear weapons, and eliminate nuclear risks has many causes. The factor that might be easiest for individuals in the arms control and nonproliferation community to change stems from their own ambivalence about major questions that must be addressed on the road to reducing the number of nuclear weapons in the world to zero. This essay explores how ambivalence about four key issues—strategic stability, alliance relations, institution-building, and nuclear energy—often leads community members to take positions that play well at home and within their like-minded group but raise unintended impediments to achieving their own long-term goals. The author suggests alternative ways to handle these questions to improve the prospects for domestic and international agreement on practical measures that would eliminate, not perpetuate, nuclear risks.