Interpreting the Nuclear Non-Proliferation TreatyOxford University Press, 26 mai 2011 - 200 pages The 1968 Nuclear Non-proliferation Treaty has proven the most complicated and controversial of all arms control treaties, both in principle and in practice. Statements of nuclear-weapon States from the Cold War to the present, led by the United States, show a disproportionate prioritization of the non-proliferation pillar of the Treaty, and an unwarranted underprioritization of the civilian energy development and disarmament pillars of the treaty. This book argues that the way in which nuclear-weapon States have interpreted the Treaty has laid the legal foundation for a number of policies related to trade in civilian nuclear energy technologies and nuclear weapons disarmament. These policies circumscribe the rights of non-nuclear-weapon States under Article IV of the Treaty by imposing conditions on the supply of civilian nuclear technologies. They also provide for the renewal and maintaintenance, and in some cases further development of the nuclear weapons arsenals of nuclear-weapon States. The book provides a legal analysis of this trend in treaty interpretation by nuclear-weapon States and the policies for which it has provided legal justification. It argues, through a close and systematic examination of the Treaty by reference to the rules of treaty interpretation found in the 1969 Vienna Convention on the Law of Treaties, that this disproportionate prioritization of the non-proliferation pillar of the Treaty leads to erroneous legal interpretations in light of the original balance of principles underlying the Treaty, prejudicing the legitimate legal interests of non-nuclear-weapon States. |
Table des matières
Introduction | 1 |
1 Nuclear Energy and International Law | 3 |
2 Approach to Interpretation | 21 |
3 NWS Nuclear Policy and Interpretation of the NPT | 35 |
4 Legal Analysis of NWS Interpretations of the NPT | 75 |
Change and Continuity | 109 |
Treaty on the NonProliferation of Nuclear Weapons | 127 |
Atoms for Peace | 133 |
Selected US Statements 19982009 | 140 |
179 | |
Autres éditions - Tout afficher
Expressions et termes fréquents
2005 NPT Review 2010 Review Conference Applause Article IV(1 Article VI obligation Assembly Atomic Energy Agency Atoms for Peace Christopher Chyba compliance context dual-use effective measures relating efforts enrichment and reprocessing ensure fissile material fissionable Ford fuel bank IAEA IAEA safeguards IAEA’s implementation inalienable right International Law Iran Iran’s Joseph Pilat legal interpretation mass destruction material breach ment non-nuclear weapon non-proliferation obligations Non-proliferation of Nuclear noncompliance North Korea NPT Article NPT parties NPT Review Conference NPT’s nuclear disarmament nuclear energy nuclear fuel cycle nuclear material Nuclear Non-proliferation Treaty nuclear programs Nuclear Suppliers Group nuclear technology NWS officials object and purpose Peaceful Nuclear Cooperation peaceful purposes Preparatory Committee PrepCom proposals pursuant pursue negotiations reactor regime relating to nuclear Resolution Review Conference Final safeguards agreement Security Council Semmel threat tion treaty interpretation treaty’s U.S. President U.S. representative uranium violation warheads weapons of mass Zangger Committee