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.     

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 Importance of Safeguards Culture

International safeguards is the system of measures put in place by the International Atomic Energy Agency and states to ensure nuclear programs remain dedicated to peaceful purposes. This international safeguards system consists of agreements, inspections, and evaluations that have never considered the safeguards culture of a state or facility. Neither a common definition nor an understanding of safeguards culture is internationally recognized. This article provides an analysis of the concept of safeguards culture and gauges its value to the international safeguards community. The authors explore distinctions among safeguards culture, safeguards compliance, and safeguards performance, and suggest possible indicators of safeguards culture and methods to promote a strong, positive safeguards culture.     

THE CASE FOR DEFENCE

What is the case for defence and is it a worthwhile investment? This question is addressed for two contrasting nations, namely, the UK and New Zealand. Economists have a set of standard analytical tools for addressing the question but they are difficult to operationalise. This paper provides policy‐relevant answers.     

A simple and untraditional analysis of western alliance burden‐sharing

The original Olson and Zeckhauser model of alliance burden‐sharing was based on the following four assumptions: (1) alliance defence is a pure public good; (2) allied nations make their security contribution decisions without consulting the other allies; (3) alliances produce only a single public good; and (4) alliance defence is produced with equal degrees of efficiency in all alliance nations. But while the first of these assumptions has received a great deal of attention in the alliance literature, the remaining ones have received comparatively less attention, particularly in terms of empirical analyses. This paper synthesizes a varied literature developed around these four assumptions, both substantively and theoretically, and shows that when these assumptions are brought closer to real world approximations, hypotheses regarding the potential for security cooperation with less free‐riding result. This article also provides a simple test of Western alliance burden‐sharing in the areas of military spending, development resources spending, and research and development spending that supports the hypothesis positing more equitable burden‐sharing.     

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.     

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.     

NUCLEAR WEAPONS AS THE CURRENCY OF POWER

There are important similarities between the pattern of behavior Karl Marx identified with respect to commodities—a pattern he called “fetishism”—and the pattern of behavior identified in this article with respect to military force. Marx identified money as the mature expression of commodity fetishism; the author identifies nuclear weapons as the mature expression of the fetishism of force. As such, nuclear weapons function as the currency of power in the international system. This article lays out a theory of nuclear fetishism by adapting four themes that are characteristic of the pattern of behavior known as fetishism: materiality, historicality, efficacy, and reification. By applying these categories to the fetishism of nuclear weapons, the author shows that nuclear weapons represent a new social form consistent with, yet distinct from, other fetish objects.     

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.     

Reforming the notion of national sovereignty by external intervention

In principle, national sovereignty is the right of a nation to govern its internal affairs without foreign interference. In practice, it is defined by one's interpretation of international law, which may permit legal external intervention under some circumstances, ultimately removing a nation's sovereignty. This paper will examine the current system of international law outlined by the United Nations, analyse the ambiguities contained within its Charter and elaborate on how external intervention can be justified. The case-study of recent developments related to Libya will demonstrate that the manner in which international law is interpreted is changing the notion of principles of sovereignty.