THE HEALTH OF THE NUCLEAR NONPROLIFERATION REGIME

How do we assess the health of international regimes? Many analysts have insisted recently that the nuclear nonproliferation regime is in urgent need of repair or that it should even be discarded because of its supposed ineffectiveness. However, it is essential that statements about the regime being in crisis be scrutinized for veracity and utility. While the spread of nuclear weapons poses an undeniable and serious threat to international security, a mistaken crisis mentality with respect to the regime could lead to rash attempts to alter it in unnecessary or ineffective ways or, at worst, to discard it completely. This paper returns to a theoretical framework that differentiates regimes, across both issue areas and time, to provide a more specified evaluation of regime health. By disaggregating the nuclear nonproliferation regime and assessing the individual and interactive health of multiple dimensions, a number of dimension-specific, regime-strengthening policy recommendations emerge.     

US–Russia relations and the future of arms control: how the Comprehensive Nuclear-Test-Ban Treaty could restore engagement on nuclear issues

ABSTRACT

Relations between the United States and Russia are in a prolonged downward spiral. Under these circumstances, cooperation on nuclear issues—once a reliable area of engagement even in difficult political environments—has all but completely halted. There are urgent reasons to find a way out of this situation, particularly the expiration of the New Strategic Arms Reduction Treaty in 2021. However, seemingly intractable disagreements about noncompliance with the Intermediate-range Nuclear Forces Treaty and US ballistic-missile defense, compounded by the Ukraine crisis, the conflict in Syria, and the accusations of Russian interference in the US election of 2016, threaten the future of arms control. Against this backdrop, policy makers and practitioners should identify ways to re-engage on nuclear issues now so they can be ready to implement them as soon as feasible. This article considers how the Comprehensive Nuclear-Test-Ban Treaty (CTBT) could serve as a platform for US–Russia cooperation on nuclear issues when circumstances permit. Taking into account the challenges posed by ongoing US non-ratification, it identifies a menu of CTBT-related activities short of ratification that the two countries could undertake together. It explores how joint work on this issue would advance shared US and Russian interests while helping to create the circumstances necessary for further arms-control work.     

Strategic Ambiguity: Nuclear Sharing and the Secret Strategy for Drafting Articles I and II of the Nonproliferation Treaty

ABSTRACT

Since the 1950s, the United States has engaged in nuclear sharing with its NATO allies. Today, 150-200 tactical nuclear weapons remain on European soil. However, the Treaty on the Non-proliferation of Nuclear Weapons (NPT) prohibits the transfer of nuclear weapons to non-nuclear weapon states. The potential discrepancy between text and practice raises the question of how the NPT's negotiators dealt with NATO's nuclear-sharing arrangements while drafting the treaty that would eventually become the bedrock of the international nonproliferation regime. Using a multitiered analysis of secret negotiations within the White House National Security Council, NATO, and US-Soviet bilateral meetings, this article finds that NATO's nuclear-sharing arrangements strengthened the NPT in the short term by lowering West German incentives to build the bomb. However, this article also finds that decision makers and negotiators in the Lyndon B. Johnson administration had a coordinated strategy of deliberately inserting ambiguous language into drafts of Articles I and II of the Treaty to protect and preserve NATO's pre-existing nuclear-sharing arrangements in Europe. This diplomatic approach by the Johnson administration offers lessons for challenges concerning NATO and relations with Russia today.     

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.     

The end of the “INF Treaty” and the US-China military balance

ABSTRACT

Whereas much of the debate about the demise of the 1987 Intermediate-range Nuclear Forces (INF) Treaty has focused on the European context and Russia’s alleged treaty violations, Asia looms large in the minds of proponents of the United States’s immediate withdrawal from the treaty. For many proponents, the fast-changing military balance in Asia and China's conventionally armed missiles constitute a sufficient cause for withdrawal. What does the end of the INF Treaty bode for the US-China military balance? This article argues that, although there are some near-term benefits for the US position in the conventional military balance with China, the advantages offered by prohibited missiles are minor and can be readily substituted by extant capabilities that are compliant with the treaty. Given the negative implications of the end of the INF Treaty for the future of arms control, the costs and benefits of withdrawing from the treaty require further examination; the military balance in Asia is an unpersuasive rationale for withdrawing from an important part of the arms-control architecture.     

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.     

The South African Denuclearization Exemplar

ABSTRACT

South Africa's nuclear disarmament is a unique historical case, notable in part for the dramatic shift from deception to cooperation. The unprecedented transparency it demonstrated in order to convince the international community of the veracity of their disarmament is heralded as an exemplar for verifiable denuclearization. Less known is how this case affords insights into how a nuclear weapon program can be clandestinely hidden by the ambiguity provided by an otherwise completely legitimate, peaceful, nuclear energy program. Using a variety of open sources, including newly declassified internal South African and US government reports, it can be shown that South Africa employed a variety of deceptive tactics before it disarmed, and even for nearly two years after becoming a signatory to the Treaty on the Non-Proliferation of Nuclear Weapons. This article reviews that information to derive instructive lessons on the lengths that a nuclear proliferant state might go to conceal its true capabilities and intentions, and to thwart international discovery of the existence and full extent of an existing—or, in this case, a former—nuclear weapon program.     

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.     

Interpreting the Nuclear Non-Proliferation Treaty

Interpreting the Nuclear Non-Proliferation Treaty, by Daniel H. Joyner. Oxford University Press, 2011. 192 pages, $100.     

GETTING BETTER ALL THE TIME

Detect and Deter: Can Countries Verify the Nuclear Test Ban?, by Ola Dahlman, Jenifer Mackby, Svein Mykkeltveit, and Hein Haak. Springer, 2011. 279 pages, $129.