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NPT

A legally-binding treaty to ban nuclear weapons

Nuclear Monitor Issue: 
#800
4455
19/03/2015
Ray Acheson − Director of Reaching Critical Will, the disarmament programme of the Women's International League for Peace and Freedom (WILPF)
Article

Five years after the adoption of the NPT (Nuclear Non-Proliferation Treaty) Action Plan in 2010, compliance with commitments related to nuclear disarmament lags far behind those related to non-proliferation or the peaceful uses of nuclear energy.

Yet during the same five years, new evidence and international discussions have emphasised the catastrophic consequences of the use of nuclear weapons and the unacceptable risks of such use, either by design or accident.

Thus the NPT's full implementation, particularly regarding nuclear disarmament, is as urgent as ever. One of the most effective measures for nuclear disarmament would be the negotiation of a legally-binding instrument prohibiting and establishing a framework for the elimination of nuclear weapons.

Not everyone sees it that way.

In fact, ahead of the 2015 Review Conference (scheduled to take place in New York April 27−May 22), the NPT nuclear-armed states and some of their nuclear-dependent allies have argued that any such negotiations would "undermine" the NPT and that the Action Plan is a long-term roadmap that should be "rolled over" for at least another review cycle.

This is an extremely retrogressive approach to what should be an opportunity for meaningful action. Negotiating an instrument to fulfill article VI of the NPT would hardly undermine the Treaty.

On the contrary, it would finally bring the nuclear-armed states into compliance with the legal obligations.

Those countries that possess or rely on nuclear weapons often highlight the importance of the NPT for preventing proliferation and enhancing security.

Yet these same countries, more than any other states parties, do the most to undermine the Treaty by preventing, avoiding, or delaying concrete actions necessary for disarmament.

It is past time that the NPT nuclear-armed states and their nuclear-dependent allies fulfill their responsibilities, commitments, and obligations − or risk undermining the very treaty regime they claim to want to protect.

Their failure to implement their commitments presents dim prospects for the future of the NPT. The apparent expectation that this non-compliance can continue in perpetuity, allowing not only for continued possession but also modernisation and deployment of nuclear weapon systems, is misguided.

The 2015 Review Conference will provide an opportunity for other governments to confront and challenge this behaviour and to demand concerted and immediate action. This is the end of a review cycle; it is time for conclusions to be drawn.

States parties will have to not only undertake a serious assessment of the last five years but will have to determine what actions are necessary to ensure continued survival of the NPT and to achieve all of its goals and objectives, including those on stopping the nuclear arms race, ceasing the manufacture of nuclear weapons, preventing the use of nuclear weapons, and eliminating existing arsenals.

The recent renewed investigation of the humanitarian consequences of nuclear weapons is a good place to look for guidance. The 2010 NPT Review Conference expressed "deep concern at the catastrophic humanitarian consequences of any use of nuclear weapons."

Since then, especially at the series of conferences hosted by Norway, Mexico, and Austria, these consequences have increasingly become a focal point for discussion and proposed action.

Governments are also increasingly raising the issue of humanitarian impacts in traditional forums, with 155 states signing a joint statement at the 2014 session of the UN General Assembly highlighting the unacceptable harm caused by nuclear weapons and calling for action to ensure they are never used again, under any circumstances.

The humanitarian initiative has provided the basis for a new momentum on nuclear disarmament. It has involved new types of actors, such as the Red Cross and Red Crescent Movement, the United Nations Office for Coordination of Humanitarian Affairs, and a new generation of civil society campaigners.

The discussion around the humanitarian impact of nuclear weapons should be fully supported by all states parties to the NPT.

The humanitarian initiative has also resulted in the Austrian Pledge, which commits its government (and any countries that wish to associate themselves with the Pledge) to "fill the legal gap for the prohibition and elimination of nuclear weapons."

As of February 2015, 40 states have endorsed the Pledge. These states are committed to change. They believe that existing international law is inadequate for achieving nuclear disarmament and that a process of change that involves stigmatising, prohibiting, and eliminating nuclear weapons is necessary.

This process requires a legally-binding international instrument that clearly prohibits nuclear weapons based on their unacceptable consequences. Such a treaty would put nuclear weapons on the same footing as the other weapons of mass destruction, which are subject to prohibition through specific treaties.

A treaty banning nuclear weapons would build on existing norms and reinforce existing legal instruments, including the NPT, but it would also close loopholes in the current legal regime that enable states to engage in nuclear weapon activities or to otherwise claim perceived benefit from the continued existence of nuclear weapons while purporting to promote their elimination.

NPT states parties need to ask themselves how long we can wait for disarmament. Several initiatives since the 2010 Review Conference have advanced the ongoing international discussion about nuclear weapons.

States and other actors must now be willing to act to achieve disarmament, by developing a legally-binding instrument to prohibit and establish a framework for eliminating nuclear weapons. This year, the year of the 70th anniversary of the U.S. atomic bombings of Hiroshima and Nagasaki, is a good place to start.

 

For more information and updates during the NPT Review Conference, visit the Reaching Critical Will website: www.reachingcriticalwill.org

 

Readers are encouraged to lobby national governments to support the Austrian Pledge to ban nuclear weapons. More than 50 countries have already endorsed the pledge (see the list at www.icanw.org/pledge).
Information is posted at: http://peaceandhealthblog.com/2014/12/09/the-austrian-pledge/

You can sign an online petition urging your national government to support the pledge at http://goodbyenuk.es/take-action/

 

Nuclear energy decreases world stability and increases inequality

Nuclear Monitor Issue: 
#715
6081
03/09/2010
WISE Amsterdam
Article

Jordanians are wondering why the United States is opposing efforts from Jordan to establish a uranium enrichment program. The Nuclear Non-Proliferation Treaty (NPT) and other international accords "guarantee the right of all nations to develop nuclear energy meant for peaceful purposes", which includes uranium enrichment.

Jordan has huge uranium reserves. The International Atomic Energy Agency (IAEA) has estimated that the country has uranium deposits of nearly 112,000 tons, ranking 11th on the global chart. It has licensed French energy company Areva to extract 2,000 tons of uranium ore annually from its central and southern deserts. A British-Australian company and a Chinese firm are also exploring other regions for deposits.

Jordan Atomic Energy Commission Chairman Khaled Toukan says the country's nuclear project, including uranium enrichment "is not a choice but a national necessity that will guarantee the nation's future."

A Jordanian view:
But the US is opposing uranium enrichment in Jordan. According to the US proposal, Jordan must exchange its uranium for enriched uranium produced in foreign countries, a move that would impose a burdensome expenditure on Jordan. The US is not just trying to impose this restriction on Jordan. In fact, Washington wants to deprive all Arab states of their national and international right to enrich uranium.

Jordan and the US signed a memorandum of understanding on nuclear cooperation in 2008 that guaranteed Jordan's right to enrich uranium. In the same year, Jordan also entered into talks with two US companies for the construction of its first nuclear power plant, and without consultation with any other Arab country, waived its right to enrichment. Saudi Arabia and Egypt will probably also be forced to accept the same fate. However, the main difference is that those two countries both sit atop vast oil reserves.

Jordan signed a peace treaty with Israel in 1994 and has remained one of Washington's main unwavering allies in the Middle East. It is referred to as a NATO partner. All these concessions should allow the country to demand its right to enrich uranium, as enumerated in international agreements.

One Jordanian official says the real US policy is to ban foreign enrichment and nuclear fuel production. According to this policy, nuclear programs from the Nile to the Euphrates would be required to be dependent on nuclear fuel exporting countries. In the Middle East, only Israel is allowed to enjoy access to the complete nuclear fuel cycle, and the US is opposed to any efforts that could break this monopoly.

What was that again on nuclear power and independence?

At the moment, Jordan needs to import 95% of its oil and gas needs. In 2007, the nation of 7 million people spent US$3.2 billion to buy oil. This figure swelled to US$3.9 billion in 2008, which is about 20% of Jordan's gross domestic product. Imagine the possibilities of solar and what that would mean for dependency and the gross domestic product! Because there are (too) many examples that nuclear power does not decrease dependency on oil.

Source: Press.tv, 14 August 2010

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WISE

China: US - India deal justification for selling reactors to Pakistan

Nuclear Monitor Issue: 
#709
6050
12/05/2010
The GovMonitor.com and Carnegie Endowment For International Peace
Article

Contrary to guidelines adopted in 1992 by nuclear equipment supplier states in the Nuclear Non-Proliferation Treaty (NPT), China is poised to export two power reactors to Pakistan. In April, Chinese officials said that export of the reactors to Pakistan would be justified in consideration of political developments in South Asia, including the entry into force of the U.S.–India deal and the Nuclear Suppliers Groups exemption for India. This transaction is about to happen at a time when China's increasingly ambitious nuclear energy program is becoming more autonomous.

Guidelines of the Nuclear Suppliers Group (NSG), representing 46 Non-Proliferation Treaty states, call on parties to the NPT not to supply nuclear equipment to non-nuclear-weapon states without comprehensive IAEA safeguards, including Pakistan. China joined the NSG in 2004.

The United States and other NSG states may object to the pending transaction but they cannot prevent China from exporting the reactors. Senior officials in NSG states friendly to the United States said in April they expect that President Barack Obama will not openly criticize the Chinese export because Washington, in the context of a bilateral security dialogue with Islamabad, may be sensitive to Pakistan's desire for civilian nuclear cooperation in the wake of the sweeping U.S.-India nuclear deal which entered into force in 2008 after considerable arm-twisting of NSG states by the United States, France, and Russia. The United States may also tolerate China's new nuclear deal with Pakistan because Obama wants China's support for United Nations Security Council sanctions against Iran this spring.

After years of bilateral disputes over nonproliferation issues, in 1998 the U.S. Congress allowed a 1985 Sino-U.S. nuclear cooperation agreement to enter into force. After that, U.S. nuclear cooperation with China dramatically increased, culminating in China's 2006 selection of a consortium of companies led by Westinghouse to build four AP1000 power reactors in China. Westinghouse bested bidders from France and Russia in a competition set up by China to determine which of the three would provide the technology blueprint for the future standardized development of China's nuclear power industry.

China chose Westinghouse after it agreed to transfer to China ownership of the technology for the new and untried 1,000-MW reactor. China then awarded contracts to Westinghouse and its partners to build four AP1000s in China. The first two are scheduled to be finished in 2013. Westinghouse scored another coup when in 2008 China selected AP1000 for China's first raft of inland power reactors.

Westinghouse's apparent emergence as first among foreign reactor vendors in China in 2006 was linked to the fortunes of the State Nuclear Power Technology Co. (Snptc). It was set up by China's State Council of Ministers to take charge of technology selection and transfer for China's future nuclear power program, after two decades during which China organized a handful of "boutique" reactor projects in cooperation with Canada, France, Japan, and Russia.

Shortly after China selected Westinghouse to shape its nuclear future, rival Areva made a separate deal with China to build two of its new EPR reactors in Guangdong Province in China's southeast, where French nuclear firms have been engaged since the late 1980s. Unlike Westinghouse, Areva also offered China a suite of fuel cycle technology options, and French officials hoped that a mammoth fuel cycle deal would coax China to continue building the EPR.

In the meantime, the ambitious construction schedule for the U.S.-designed reactors in China has come under heavy pressure. In part out of Chinese concern to keep construction on track, China's nuclear regulator, the National Nuclear Safety Administration (NNSA), will not agree to a proposal, favored by the U.S. Nuclear Regulatory Commission (NRC) and Westinghouse, to modify the design of the containment structure of the AP1000 to provide improved protection against an air crash. In the United States, NRC, after a design review prompted by post-9/11 concernsabout terrorist threats, asked Westinghouse to change the design of a shield building which is part of the containment and to use stronger materials. Westinghouse then urged China to also follow that advice.

China will not do that, Beijing officials said after consultations with Westinghouse and U.S. regulators. "China will build Revision 15," the AP1000 design version originally approved for construction in both the United States and in China, one official said. "It will not approve Revision 17," which incorporates the changes sought by NRC and Westinghouse, he said.

Changing the AP1000 design now would require construction in China to be halted and delayed. China also does not share NRC's view that a terrorist attack on reactors, using a hijacked passenger aircraft as a weapon, is a realistic enough scenario to warrant modifying the design.

The Westinghouse project has encountered other challenges which, so far, have not caused schedule delays. Last year, a key firm which is part of the technology transfer program, China First Heavy Industries (CFHI), failed to produce forgings to the required quality standard for the AP1000. Project executives said CFHI had difficulty handling the demanding steel material called for in critical components. The schedule was not set back because a Westinghouse partner in Korea, Doosan, had a stock of prototype forgings it had made earlier. The AP1000 has also encountered problems in main coolant pumps, which are of a unique design. Chinese officials said last year that further deployment of the AP1000 would depend on successful demonstration of these pumps, which were a critical feature of the passive cooling system billed as one of the key advantages of this reactor model. According to diplomats there have also been some Chinese bureaucratic delays for certain AP1000 project approvals.

Snptc also wants Westinghouse to increase the power of the reactor to 1,400 MW and then to 1,700 MW, matching the EPR. According to Snptc the 1,400-MW design will be ready for construction by 2013. Many foreign executives are skeptical that schedule will hold up.

Two years ago, China set up a brand new organization to take command of China's energy policy, including nuclear policy, the National Energy Administration (NEA). It is headed by Zhang Guobao, who strongly favors nuclear power development and who is also Vice-Chairman of China's leading planning agency, the National Development and Reform Council (NDRC).

NEA-which is staffed by about 170 experts, including fewer than 20 responsible for nuclear matters--cooperates with NDRC on setting planning targets, but NEA decides which reactors will be built, at what sites, and which state-owned enterprises will get contracts. It, Chinese officials said last month, will favor construction of more CPRs, and will also support China's biggest nuclear SOE, the China National Nuclear Corp. (CNNC) with a total payroll of over 100,000, in exporting more reactors to Pakistan.

China has long assisted Pakistan's nuclear energy program. In 1991 CNNC contracted with the Pakistan Atomic Energy Commission (PAEC) to build Chashma-1, a 325 MW power reactor. It was finished and began operating in 2000.

In 2004, China joined the NSG. China then explained to the NSG that a longstanding framework agreement with Pakistan committed China to provide a second reactor, Chashma-2, more research reactors, plus supply of all the fuel in perpetuity for these units. Chashma-2 construction began in 2005. Chashma-2 is scheduled to be finished in 2011. To keep CNNC at work in Pakistan thereafter, CNNC and PAEC negotiated terms for two 650-MW reactors, Chashma-3 and -4.

In 2006 Pakistan urged China to approve the new project but China was not keen to do so. Pakistan diplomats said then China was holding back because it was not clear that the U.S.-India nuclear cooperation deal would be approved by both governments and by the NSG.

After the U.S.-India deal was approved and India's NSG exemption entered into force without any Chinese objections in 2008, China's policy evolved to support demands by Pakistan for compensation, but China did not expressly advocate awarding Pakistan a broad exemption from NSG trade sanctions matching India's.

NSG country representatives said in late April they expect that the Obama administration will accept a limited amount of additional Chinese nuclear commerce with Pakistan as a price for getting Chinese support on UN Security Council sanctions against Iran in weeks ahead. Some suggested that the United States would also enlist China in this regard to persuade Pakistan to drop its opposition to negotiation of a Fissile Material Cut-Off Treaty, which Pakistan has said it could not accept because the U.S.-India deal had tilted the nuclear balance in South Asia in India's favor.

As long as Pakistan resists outside initiatives which would limit the autonomy of its strategic nuclear program, and because China is believed to be hiding behind Pakistan in avoiding making a firm FMCT commitment in light of China's strategic dilemmas with the United States, it is doubtful whether China would have effective influence on Pakistani decisions to halt fissile material production.

Senior NSG diplomats said this month that they expect that soon after China has completed political and contractual arrangements for the reactor sale to Pakistan, China will inform the NSG of its planned transaction. The matter could then be taken up by the NSG as an agenda item or point of business at a future NSG meeting. So far no NSG meetings are scheduled in 2010 prior to an annual plenary meeting in New Zealand in late June.

The U.S. State Department, in line with its response to a 1998 reactor export from Russia to India, continues to hold that a new reactor export by China to Pakistan would be contrary to both NSG and U.S. policy, but whether the United States would record an objection at the NSG or encourage other NSG states to do so would be up to President Obama following interagency discussions and consultation with foreign governments including Pakistan and China.

Chinese officials said in April that export of the reactors to Pakistan would be justified in consideration of political developments in South Asia, including the entry into force of the U.S.-India deal and the NSG exemption for India.

Source: The GovMonitor.com and Carnegie Endowment For International Peace

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