Nuclear-Weapon Free Zones (NWFZs) Ildar A. Akhtamzyan, Ph.D., Associate Professor, MGIMO- University

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 January February 27 11, 1967 1971 December Treaty on Principles 1 1959 The Governing Treaty on the Antarctic the Prohibition Treaty Activities of States the Emplacement of in Nuclear the Exploration Weapons and Use Other of Weapons Outer Space, of Mass including Destruction on the Seathe Bed Moon and the and Ocean Other Floor Celestial and in the Bodies 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