Treaty Structure: First Pillar: Non-Proliferation

Treaty structure[edit]
Treaty on the Non-Proliferation of Nuclear Weapons
The NPT consists of a preamble and eleven articles. Although the concept of "pillars" is not
expressed anywhere in the NPT, the treaty is nevertheless sometimes interpreted as a three-
pillar system,[9] with an implicit balance among them:
1. non-proliferation,
2. disarmament, and
3. the right to peacefully use nuclear technology.[10]
These pillars are interrelated and mutually reinforcing. An effective nonproliferation regime
whose members comply with their obligations provides an essential foundation for progress on
disarmament and makes possible greater cooperation on the peaceful use of nuclear energy.
With the right to access the benefits of peaceful nuclear technology comes the responsibility of
nonproliferation. Progress on disarmament reinforces efforts to strengthen the nonproliferation
regime and to enforce compliance with obligations, thereby also facilitating peaceful nuclear
cooperation.[11] The "pillars" concept has been questioned by some who believe that the NPT is,
as its name suggests, principally about nonproliferation, and who worry that "three pillars"
language misleadingly implies that the three elements have equivalent importance.[12]
First pillar: Non-proliferation[edit]

Under Article I of the NPT, nuclear-weapon states pledge not to transfer nuclear weapons or
other nuclear explosive devices to any recipient or in any way assist, encourage or induce any
non-nuclear-weapon state in the manufacture or acquisition of a nuclear weapon.
Under Article II of the NPT, non-nuclear-weapon states pledge not to acquire or exercise control
over nuclear weapons or other nuclear explosive devices and not to seek or receive assistance
in the manufacture of such devices.
Under Article III of the Treaty, non-nuclear-weapon states pledge to accept IAEA safeguards to
verify that their nuclear activities serve only peaceful purposes.[11]
Five states are recognized by NPT as nuclear weapon states (NWS): China (signed 1992),
France (1992), the Soviet Union (1968; obligations and rights now assumed by the Russian
Federation), the United Kingdom (1968), and the United States (1968), which also happen to be
the five permanent members of the United Nations Security Council.
These five NWS agree not to transfer "nuclear weapons or other nuclear explosive devices" and
"not in any way to assist, encourage, or induce" a non-nuclear weapon state (NNWS) to acquire
nuclear weapons (Article I). NNWS parties to the NPT agree not to "receive", "manufacture", or
"acquire" nuclear weapons or to "seek or receive any assistance in the manufacture of nuclear
weapons" (Article II). NNWS parties also agree to accept safeguards by the International Atomic
Energy Agency (IAEA) to verify that they are not diverting nuclear energy from peaceful uses to
nuclear weapons or other nuclear explosive devices (Article III).
The five NWS parties have made undertakings not to use their nuclear weapons against a non-
NWS party except in response to a nuclear attack, or a conventional attack in alliance with a
Nuclear Weapons State. However, these undertakings have not been incorporated formally into
the treaty, and the exact details have varied over time. The U.S. also had nuclear warheads
targeted at North Korea, a non-NWS, from 1959 until 1991. The previous United
Kingdom Secretary of State for Defence, Geoff Hoon, has also explicitly invoked the possibility of
the use of the country's nuclear weapons in response to a non-conventional attack by "rogue
states".[13] In January 2006, President Jacques Chirac of France indicated that an incident
of state-sponsored terrorism on France could trigger a small-scale nuclear retaliation aimed at
destroying the "rogue state's" power centers.[14][15]
Second pillar: Disarmament[edit]

Under Article VI of the NPT, all Parties undertake to pursue good-faith negotiations on effective
measures relating to cessation of the nuclear arms race, to nuclear disarmament, and to general
and complete disarmament.[11]
Article VI of the NPT represents the only binding commitment in a multilateral treaty to the goal of
disarmament by the nuclear-weapon states. The NPT's preamble contains language affirming
the desire of treaty signatories to ease international tension and strengthen international trust so
as to create someday the conditions for a halt to the production of nuclear weapons, and treaty
on general and complete disarmament that liquidates, in particular, nuclear weapons and their
delivery vehicles from national arsenals.
The wording of the NPT's Article VI arguably imposes only a vague obligation on all NPT
signatories to move in the general direction of nuclear and total disarmament, saying, "Each of
the Parties to the Treaty undertakes to pursue negotiations in good faith on effective measures
relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and
on a treaty on general and complete disarmament."[16] Under this interpretation, Article VI does
not strictly require all signatories to actually conclude a disarmament treaty. Rather, it only
requires them "to negotiate in good faith".[17]
On the other hand, some governments, especially non-nuclear-weapon states belonging to
the Non-Aligned Movement, have interpreted Article VI's language as being anything but vague.
In their view, Article VI constitutes a formal and specific obligation on the NPT-recognized
nuclear-weapon states to disarm themselves of nuclear weapons, and argue that these states
have failed to meet their obligation.[citation needed] The International Court of Justice (ICJ), in
its advisory opinion on the Legality of the Threat or Use of Nuclear Weapons, issued 8 July 1996,
unanimously interprets the text of Article VI as implying that
There exists an obligation to pursue in good faith and bring to a conclusion negotiations leading
to nuclear disarmament in all its aspects under strict and effective international control.

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Treaty structure[edit]

Treaty on the Non-Proliferation of Nuclear Weapons

First pillar: Non-proliferation[edit]

Second pillar: Disarmament[edit]

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