The stability of the nuclear nonproliferation norm: a critique of norm-contestation theory

This article argues that the nuclear nonproliferation norm (NNPN) is a social fact with a relatively independent life of its own and that it has a powerful impact on the behavior of both nuclear-weapon states (NWS) and non-nuclear-weapon states (NNWS). It challenges the application of critical constructivist research on norms to the NNPN and the idea that its legitimacy and structural power depend on contestation “all the way down.” State and non-state actors play an important role in explaining the dynamics of the NNPN, but agential constructivism runs the danger of “throwing the baby out with the bath water,” neglecting the structural impact of the NNPN on state behavior. The article examines the limitations of norm-contestation theory, arguing that some norms are more resistant to contestation than others. The NNPN is more difficult to contest than new norms (such as the Responsibility to Protect) because it is rooted in fifty years of nonproliferation nuclear diplomacy. The US-India nuclear deal is not a case of “norm change” but a violation of the NNPN. The “core” of the NNPN has not changed since the US-India nuclear deal. The conflict confronting NWS and NNWS is about the implementation of “type 2” norms (organizing principles) and “type 3” norms (standardized procedures), and not about the “hard core” of the NNPN.