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.     

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.     

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 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 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.     

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.     

ZERO NUCLEAR WEAPONS

The current nuclear nonproliferation order is no longer sustainable. The Treaty on the Non-Proliferation of Nuclear Weapons (NPT) has weakened considerably over the years, with nuclear have-nots displaying increased dissatisfaction with the status quo. Meanwhile, demands for civilian nuclear technology have led to increased proliferation risks in the form of dual-use technologies. Arms control as we currently understand it—piecemeal treaties and agreements—is no longer sufficient to address the growing threat of proliferation and the frailty of the NPT. This article calls for a bolder nonproliferation agenda pursuing multilateral nuclear disarmament. Disarmament is, in fact, technologically achievable; a lack of political will stands as the only remaining roadblock to a world free of nuclear weapons. A better understanding of the technological feasibility of disarmament, as well as recognition of the diminishing strategic value of nuclear weapons, will help to erode this political reluctance.     

Interpreting the Nuclear Non-Proliferation Treaty

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

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.     

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.