Nuclear-Weapon Free Zones

(NWFZs)

Ildar A. Akhtamzyan, Ph.D.,

Associate Professor, MGIMO-

University

Main Points

1. Origins of the idea

2. Tlatelolco Treaty

3. Rarotonga Treaty

4. Bangkok Treaty

5. Pelindaba Treaty

6. Semipalatinsk Treaty, CANWFZ

7. Prospects for new zones

1. Origins of the Idea

The Soviet proposal of March 27, 1956;

«Rapacki Plan» of 1957

Evolution of the idea in the 1960-s: the

NPT (nuclear and nonnuclear states vs.

nuclear and nuclear-weapon free states)

Public Support for the idea

First Proposals for NWFZ

Central Europe

The Balkans, the Adriatics

The Baltic area, Northern Europe

Far East

Near and Middle East

First Agreements December 1, 1959

The Antarctic Treaty

January 27, 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies

February 11, 1971 (18.05.1972)

Treaty on the Prohibition of the

Emplacement of Nuclear Weapons

and Other Weapons of Mass

Destruction on the Sea-Bed and the

Ocean Floor and in the Subsoil thereof

December 1 1959

The Antarctic Treaty

January 27 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies

February 11, 1971

Treaty on the Prohibition

of the Emplacement of

Nuclear Weapons and

Other Weapons of Mass

Destruction on the Sea-

Bed and the Ocean Floor

and in the Subsoil thereof

Antarctic

Region (with

sector claims)

Antarctic

Region: to

the south of

60 degrees

Main Elements of a NWFZ: UNGA Resolution 3472В

Regional states initiative

International Treaty with obligations

Complete absence of nuclear weapons

Control and verification system

UNGA recognition

Clear-cut boundaries of the zone of the Treaty

+ NWS obligations

NPT and 1995 Extension

Conference Documents on NWFZ 1968: Article VII, a cautious provision

1995: pp. 5-7 of the Final Document

«Принципы и цели ядерного

нераспространения и разоружения»

Tlatelolco

application zone

(under Article

28.1)

2. Tlatelolco Treaty - February 14, 1967

Treaty for the Prohibition of Nuclear

Weapons in Latin America: History

Entering into force procedure (Article 28);

Cuba - October 23, 2002; OPANAL

Tree Amendments to the Treaty 1990-1992

– Name of the Treaty: +“and the Caribbean”

– Article 25.2

– Articles 14-16 and 19-20

What is vague and contradictory in Tlatelolco?

Definition of NW and the prospects

for PNE: Articles 1&5 vs. Article 18

Definition of the application zone

(Article 4)

Transportation and transit of NW –

lack of legal provisions and a de

facto solution

Additional Protocols I & II to Tlatelolco

Additional Protocol I for the U.S., United

Kingdom, France and the Netherlands “in

territories for which, de jure or de facto,

they are internationally responsible”

Additional Protocol II for the NWS:

“…undertake not to use or threaten to use

nuclear weapons against the Contracting

Parties…”

Merits of Tlatelolco

Broad Definition of Nuclear Weapons

Binding Protocols

Negative Assurances

De facto Comprehensive Safeguards

Unlimited Duration

Original Provision in Article 28 - Waiver

Article 28.2 - Waiver

“All signatory States shall have the

imprescriptible right to waive, wholly

or in part, the requirements laid

down in the preceding paragraph…

For those States which exercise this

right, this Treaty shall enter into

force upon deposit of the

declaration…”

Rarotonga Application Zone

3. The Treaty of Rarotonga – August 6, 1985

South Pacific Nuclear Free Zone Treaty

NW Testing Site

– 102 U.S. tests

– 21 U.K. test

– 193 French tests

13 Member-states of the South Pacific Forum

The Marshall Islands, Micronesia, Palau have not signed the Treaty

Application Zone from the Equator to 60 degrees S.L., from Latin America to Australia (incl.)

In force since December 11, 1986

Rarotonga Provisions Definition of “nuclear explosive device” (Article

1.с)

Article 3.c Compensation of the NPT Loophole: “not to take any action to assist or encourage the manufacture or acquisition of any nuclear explosive device by any State”

“the international non-proliferation system” (Article 4.b)

Prevention of dumping of radioactive wastes (Article 7)

Prevention of testing of any nuclear explosive device (Article 6)

Export controls to NWS (Article 4.а) “unless subject to applicable safeguards agreement” with the IAEA

“Transit” in the Treaty of Rarotonga

Article 5.2:

Each Party … remains free to decide for

itself whether to allow visit by foreign ships

and aircraft to its ports and airfields, transit

of its airspace by foreign aircraft, and

navigation by foreign ships in its territorial

sea or archipelagic waters in a manner not

covered by the rights of innocent passage…

Rarotonga Protocols – August 8, 1986

Protocol 1 (USA, Great Britain,

France) - territories

Protocol 2 (USSR/Russia, China,

USA, Great Britain, France) –

negative assurances

Protocol 3 (USSR/Russia, China,

USA, Great Britain, France) - testing

The Treaty

of Bangkok

Application

Zone

4. The Treaty of Bangkok, December 15, 1995

10 ASEAN Member-States

Declaration of Kuala Lumpur, 1971 - Goals

Ratified by all Signatories; entered into

force on Match 27, 1997

NWS-5 have not signed the Protocol due

to a disagreement on Articles 1.а & 2.1 of

the Treaty: “an exclusive economic zone”

NWFZ in South-East Asia Commission

(Article 8)

The Treaty of Bangkok: Main Provisions

Definition of Nuclear Weapons (Article 1.с)

“Non-proliferation system” (Article 4.2.d)

Export Controls for NWS (Article 4.3.b)

Transit (Article 7)

Comprehensive safeguards agreement with the IAEA (Article 5)

Pelindaba

Application

Zone

5. The Treaty of Pelindaba (I)

NWFZ proposed since 1960-s: French nuclear testing in Algiers as the main obstacle

South African nukes till 1990

African Nuclear-Weapon-Free Zone Treaty, Treaty of Pelindaba

Opened for signature on April 11, 1996

The Treaty of Pelindaba (II)

53 states of Africa participate (Somalia since 2006), Equatorial Guinea since 2002, Madagascar since 2003 – no news on Southern Sudan

36 - ratifications (28 were minimally needed to bring it into force on July 15, 2009)

Pelindaba: main provisions

Definition of “nuclear explosive device”

(Article 1.с)

Destruction of declared nuclear devices

(Article 6)

Ocean zone does not exceed 12 nautical

miles

Ban on attacking nuclear objects (Article

11)

Ban on burying radioactive wastes

NPP

in

South

Africa

Protocols to the Pelindaba Treaty

Three Protocols (Russia signed –

November 5, 1996, other NWS – April 11,

1996)

Protocol I (negative assurances) ratified

by France, Great Britain, China and Russia

Protocol II (testing) ratified by France,

Great Britain, China and Russia

Protocol III (territories) ratified by France,

Spain hasn’t even signed Protocol III

Nuclear-Weapon-Free Zones (with

errors)

Central Asia Nuclear Weapons Free Zone 1. Initiative (Kazakhstan 1992),

Uzbekistan in 1993, Kyrgyzstan in 1995

2. February 28, 1997 Almaty Declaration of five Central Asian Presidents

3. Sapporo, October 8, 1999

4. Samarkand, September 27, 2002

5. Semipalatinsk (Semei), September 8, 2006 (March 21, 2009)

Central Asia Nuclear Weapons Free Zone: main problems (II) 1. The possibility of extending the zone

(Article 14)

2. Transit: pro et contra (Article 4)

3. Role of the Treaty on Collective Security (1992) and of the Organization (2002) – Article 12

4. Russia and China signed the Protocol, the U.S., Great Britain and France have not

NWFZ Prospects

UNGA Resolution 51/45В since December 10, 1996 on NWFZ covering the Southern Hemisphere

Joint Declaration of January 20, 1992 on Korean Peninsular (withdrawal of the DPRK in May 2003)

Mongolia 1992 – unilateral action (UNGA supported by a resolution in 1998)

WMDFZ in the Middle East (proposed since 1974) – failed conference in Helsinki, December 2012

Central and Eastern Europe