Preventing repeat offenders: North Korea's withdrawal and the need for revisions to the nuclear non-proliferation treaty.

• Author: Winters, Raven

ABSTRACT

The Nuclear Non-Proliferation Treaty (NPT) took effect on March 5, 1970, with the following purposes: to prevent the proliferation of nuclear arms, promote nuclear disarmament, and encourage the peaceful use of nuclear energy. Even though the NPT was initially intended as a temporary solution to the threat of nuclear weapons, in 1995 the parties to the NPT voted to extend it indefinitely. For the most part, the NPT has been successful in achieving its goals. Recent challenges to the NPT, however--namely North Korea's withdrawal from the NPT in January 2003--have revealed several weaknesses inherent in the NPT. To strengthen the NPT, revisions should be made to the withdrawal provision of the NPT, nuclear disarmament must be made a priority, and the review process must be strengthened.

 TABLE OF CONTENTS I. INTRODUCTION II. HISTORY OF THE DEVELOPMENT OF THE NUCLEAR NON-PROLIFERATION REGIME AND THE NUCLEAR NON-PROLIFERATION TREATY

1. Pre-NPT. B. Adoption of the NPT C. Inadequacy of the NPT 1. Non-Nuclear States' Ability to Develop Nuclear Weapons 2. Discrimination against the Non-Nuclear States III. NORTH KOREA'S WITHDRAWAL FROM THE NPT

1. The Agreed Framework B. North Korea's Potential as a Nuclear

   Threat C. Implications of North Korea's Withdrawal

   From the NPT and Possible Nuclear Program IV. NPT REVIEW CONFERENCES V. STRENGTHENING THE NPT AGAINST WITHDRAWAL

   AND NON-COMPLIANCE: SUGGESTIONS FOR THE ESTABLISHMENT OF PROCEDURES AND MECHANISMS A. Germany's Proposal B. France's Proposal C. Canada's Proposal VI. LOOKING BEYOND THE 2005 REVIEW CONFERENCE OF THE NPT: WHAT TYPE OF PROPOSAL SHOULD

   BE ADOPTED AND WHY A. Step One: Strengthen Article IV of the NPT by Imposing Stricter Regulations on Both the Nuclear States and the Non-Nuclear States to Adhere to the Promises Made Under the NPT B. Step Two: Strengthen Article X of the NPT by Adopting an Addendum to the Withdrawal Provision Stating the Strict Guidelines and

   Procedures that Govern the Process of Withdrawal

3. Step Three: Adopt Canada's Proposal to Restructure the Review Process VII. CONCLUSION

   I. INTRODUCTION

   The Nuclear Non-Proliferation Treaty (NPT) is an international pact that was signed in London, Washington, and Moscow by sixty-two countries in 1968. (1) The aims of this treaty are (1) to prevent the proliferation of nuclear arms, (2) promote nuclear disarmament, and (3) encourage the peaceful use of nuclear energy. (2) The parties to the NPT are divided into two categories: nuclear states ("those that had manufactured and tested their nuclear weaponry before January 1, 1967) and non-nuclear states ("those that did not possess an atomic arsenal.) (3)

   The five nuclear states are Britain, China, France, Russia, and the United States. (4) Under the NPT, each nuclear state agreed not to transfer nuclear weapons to any state that did not possess such technology as of the date of the NPT and not to assist any country in obtaining nuclear weapons or devices. (5) The non-nuclear states agreed not to obtain nuclear weapons and ensured performance of this agreement by agreeing to accept and place all of their nuclear equipment and facilities under the ambit of the International Atomic Energy Agency (IAEA). (6) In exchange for a pledge by the non-nuclear states not to acquire nuclear weapons, the five nuclear states agreed to pursue good-faith negotiations in ending the arms race and moving toward disarmament. (7) All parties to the NPT, including non-nuclear states, have a right to use nuclear energy for peaceful purposes, (8) Nuclear states, furthermore, may assist non-nuclear states, mainly developing countries, in developing nuclear technology. (9) Each party to the NPT, however, agreed not to provide nuclear equipment or material for peaceful purposes to any non-nuclear state unless in accordance with the IAEA. (10)

   The NPT includes a provision that calls for a conference twenty-five years after the NPT went into effect. At the conference, the parties would decide whether to extend the NPT indefinitely or merely for an additional fixed period (or periods). (11) That conference was held on May 11, 1995, with the parties to the NPT choosing to extend the NPT indefinitely. (12) The Extension Conference's final statement required the five declared nuclear states to commit to complete nuclear disarmament as expediently as possible. (13) In practice, however, countries on both sides of the nuclear divide have not upheld their part of the agreement. (14) Although Libya is a party to the NPT, just last year it admitted to pursuing an illicit weapons program. (15) Some have alleged that Iran is making highly enriched uranium for bombs. (16) On January 10, 2003, North Korea became the first (and only) country to withdraw from the NPT, after it admitted to developing nuclear weapons. (17) Finally, the nuclear states have yet to fulfill their promise to "pursue negotiations in good faith on effective measures relating to ... nuclear disarmament." (18)

   This Note addresses the need for the reformation of the NPT in light of its inadequacies and the withdrawal of North Korea from the NPT. Part II gives the background of the NPT and discusses relevant provisions of the NPT that have been successful, as well as the shortcomings of the NPT, including discrimination against the non-nuclear states. Part III discusses North Korea's withdrawal from the NPT. Part IV gives an overview of the Review Conferences, and Part V sets out three proposals submitted by Germany, France, and Canada for strengthening the NPT. Finally, Part VI advocates which portions of these proposals should be adopted.

   2. HISTORY OF THE DEVELOPMENT OF THE NUCLEAR NONPROLIFERATION REGIME AND THE NUCLEAR NON-PROLIFERATION TREATY

1. Pre-NPT

   In 1945, the United States brought an end to World War II with the development and use of the world's first atomic bomb when it detonated atomic and plutonium bombs over Hiroshima and Nagasaki. (19) Soon thereafter, many countries realized that the newest threat to global security and peace was the development of nuclear weapons capable of destroying lives. (20) In light of this concern and developing negative perceptions of Soviet intentions, the United States introduced the Baruch Plan to the United Nations Atomic Energy Commission. (21) "Under this plan, the United States proposed to relinquish its nuclear arsenal to an international authority that would assume control over nuclear energy." (22) This plan was not successful, however, because the country of concern, the Soviet Union, "rejected the plan, primarily due to a lack of trust and goodwill between the United States and the Soviet Union." (23)

   The next significant U.S. attempt at stopping the proliferation of nuclear weapons came in 1953 when the Eisenhower Administration presented the Atoms for Peace Initiative. (24) Under this initiative, the world's three nuclear states were to develop peaceful uses for atomic energy, and an international atomic energy agency would be created to inspect and control all nuclear material. (25) It also called for the enactment of the Atomic Energy Act of 1954. (26) The United Nations enthusiastically embraced the Atoms for Peace Initiative, which resulted in the establishment of the IAEA in 1957. (27) Even though the IAEA provided initial safeguards to prevent the transfer of nuclear goods, the number of nuclear states grew nonetheless. (28) Several treaties were enacted to address the rapid growth of nuclear states, such as the Limited Test Ban Treaty of 1963, the Outer Space Treaty of 1967, and the Treaty of Tlatelolco of 1967. (29) Once the United Kingdom, France, and China joined the United States and the Soviet Union as major nuclear powers, however, the international community desired a more comprehensive treaty. (30) Thus, the NPT emerged as the "backbone of the nuclear nonproliferation regime." (31)

2. Adoption of the NPT

   Even though the NPT opened for signature in 1968, it did not take effect until March 5, 1970, when sixty-two nations signed as parties to the NPT. (32) The major principles of the NPT are set forth in its first six articles. (33) Article I prohibits the transfer of nuclear armaments from signatory nuclear states to "any recipient whatsoever." (34) Article II bars non-nuclear states from manufacturing or otherwise acquiring nuclear weapons or other explosive devices from any source, and from seeking or receiving any assistance in the manufacture of nuclear weapons or other nuclear devices. (35) Article III requires non-nuclear states to enter into a safeguards agreement with the IAEA. (36) The IAEA is the primary mechanism for verifying that parties to the NPT are complying with its terms. (37) The implementation of IAEA safeguards is further evidence of the way in which the NPT strengthens international security. (38) Safeguards under the NPT, including international inspections, help to deter the use of nuclear material for nuclear explosive purposes and, thus, are an important confidence-building measure. (39) Article IV guarantees to all signatories the right to develop research and produce and use nuclear energy for peaceful purposes; Article IV also sanctions the exchange of equipment, materials, and information for such uses. (40) Article V stipulates that only nuclear states may conduct peaceful nuclear explosions, while ensuring that the benefits of such explosions would be made available to all non-nuclear signatories. (41) Finally, Article VI requires the nuclear states to pursue good faith negotiations on "measures relating to the cessation of the nuclear arms race ... to nuclear disarmament, and on a Treaty on general and complete disarmament." (42)

   At the 1995 Review and Extension Conference of Parties to the NPT, the NPT was extended indefinitely without limitations. (43) By January 2003, 186 countries had signed the NPT, making it one of the largest multilateral arms control agreements ever effected. (44) Even though the...