 |
||||||||
|
A comparative study of Five Nuclear Weapon Free zone Treaties
Lee churl gee
Summarized by Soohyun Lee
Intro
* What is “Nuclear-weapon-free zone”?
- Absence of Nuclear Weapons + Prohibition area of using nuclear weapons
* Purpose of NWFZ
- Non-proliferation of nuclear weapons
- Nuclear powers -> prohibition of using nuclear weapons
* The concept of a nuclear-weapon-free zone was defined at the U.N. General Assembly in 1975.
* Five NWFZs
1. Treaty of Tlatelolco: Latin America
‘Treaty for the prohibition of nuclear weapons in Latin America‘
2. Treaty of Rarotonga: South Pacific
‘South Pacific Nuclear Free Zone Treaty’
3. Treaty of Pelindaba – Africa
‘African Nuclear- Weapon Free Zone Treaty’
4. Bangkok Treaty- Southeast Asia :
‘Treaty on the Southeast Asia Nuclear Weapon Free Zone’
5. Joint Declaration of the Denuclearization of the Korean Peninsula – the Korean Peninsula
* Purpose of this article
- Comparison of characteristic five NWFZs
- Find out common points
- Characteristics and restrictions of ‘Joint Declaration of the Denuclearization of the Korean Peninsula’
-Differences of Nuclear weapon free zone, nuclear free zone, and denuclearization
~The term, Nuclear weapon free zone, was used at Treaty of Rarotonga
=> no more difference
~Difference between ‘Nuclear weapon free zone’ and ‘denuclearization’
=> ‘Joint Declaration of the Denuclearization of the Korean Peninsula’ used the terminology ‘denuclearization’
=> It is analyzed as an arbitrary will of United States and Korea to maintain Nuclear weapon of United States.
1. No prohibition about threats and use of nuclear weapons by nuclear powers
2. No removal of nuclear umbrella
* Relations between NFWZ and NPT system
-Different motives of NFWZ
1.Standpoint of Nuclear powers
To sustain NPT system
Ex: Joint Declaration of the Denuclearization of the Korean Peninsula is based on United States’ will => not to accept developing nuclear weapons in the Korean peninsula and Japan as well.
2.Standpoint of Non-nuclear states
To guard against threshold states
Ex: Treaty of Pelindaba was established to impede South Africa not to develop nuclear weapons.
3.Security Assurance from Nuclear Powers through NWFZ
Non-nuclear states want to protect their countries by ‘negative security assurance’
* Relevance between NWFZ and NPT system
-All NWFZ treaties have concluded ‘safeguards agreement’ to IAEA to investigate their countries.
(Except Joint Declaration of the Denuclearization of the Korean Peninsula)
* Fundamental measures of NWFZ
1. Non-possession: most fundamental condition
Prohibition of manufacture, production, acquisition, and test
2. Non-stationing
It applies to geographical areas
Prohibition of Receipt, stockpiling, storage, installation, deployment, transport -> this is comprehensive concept
* Controversial issue
-transit issue of naval vessels to the territorial waters => ambiguity (each state decides how to deal with)
-port calls & stopover of naval vessels
3. Non use or no threat of use
It applies to nuclear powers
* The concept of ‘Security assurance’
1) Positive Security Assurance
Nuclear powers offer security actively to non-nuclear states through military support
2) Negative Security Assurance
Nuclear powers promise not to threat and not to use nuclear weapons to non-nuclear sates.
=> NSA is fulfilled through ‘Guarantee protocol’
* Case Studies
1. Treaty for the prohibition of nuclear weapons in Latin America
-Immediate motive: Cube missile crisis
(Prevent Cube not to be a missile base of the Soviet Union)
-Agenda ‘Peaceful uses of atomic energy’ is occurred by Brazil.
2. South Pacific Nuclear Free Zone Treaty
-The Second NWFZ in 1985
-13 members of ‘South Pacific Forum’ signed up.
-Immediate motive: France and Japan
France conducted nuclear tests on Polynesia frequently, and Japan suggested dumping the radioactivity waste matter to the Pacific Ocean.
3. African Nuclear- Weapon Free Zone Treaty
-It is signed on April 11th, 1996 by 50 African countries.
-Immediate motive: South Africa
France conducted nuclear test and South Africa had aroused suspicion of nuclear development.
After South Africa gave up the development of Nuclear weapons and joined NPT, it became a breach to established Treaty of Pelindaba.
4. Treaty on the Southeast Asia Nuclear Weapon Free Zone
-It was signed at city Bangkok in December 15th, 1995 by ASEAN members.
-It has meaning of succession of ZOPFAN(Zone f Peace, Freedom and Neutrality in South East Asia)
-This treaty progressed through ASEAN Regional Forum
5. Joint Declaration of the Denuclearization of the Korean Peninsula
-It came into effect in February 19th, 1992.
-limitation
1) Lack of realistic possibility
2) Focusing on Northeast Asia not on the Korean peninsula
3) Strong powers centered agenda
-The opinion of denuclearization of the Korean peninsula was occurred in late 1970 by North Korea. => NK maintained it because of withdrawal of the U.S. Armed Forces in South Korea; South Korea couldn’t accept it.
-As time goes by, North-South relations advanced steadily, and finally, a joint declaration was adopted.
-Through the South-North Nuclear Control Coordinating Committee, they discussed and verified the denuclearization of the Korean peninsula.
* Comparisons of NWFZ treaties
1. The limit of application areas
- Concepts: territory, outer perimeter
- Applying the concept of ‘Territory’ - Treaty of Pelindaba, Bangkok Treaty, Joint Declaration of the Denuclearization of the Korean Peninsula
-Applying the concept of ‘outer perimeter’ – Treaty of Tlatelolco, Treaty of Rarotonga
(it means outer countries around outer perimeter are included)
2. Regulation objects
-How we defined ‘nuclear weapon’?
-Does it include nuclear devices, and transport?
1) Treaty of Tlatelolco, Bangkok Treaty
-Nuclear weapons which have Warlike purpose
-It doesn’t include transport and propulsion if it is possible to separate from
- Approval of nuclear devices of peaceful purpose
2) Treaty of Rarotonga, Treaty of Pelindaba
- It includes nuclear explosive devise as we.
- No matter what purpose it is, other explosive devices are included in regulation objects except transportation.
3) Joint Declaration of the Denuclearization of the Korean Peninsula
-There are no exact standards about regulation objects.
3. Prohibition measures
- Usually treaties include Non-possession, and Non-stationing with some extra prohibition management.
- However, Joint Declaration of the Denuclearization of the Korean Peninsula includes nuclear reprocessing and uranium enrichment facilities => those are not included in other treaties and even NPT treaty.
4. Innocent passage and call at port
- Sea is different from land (Land is absolutely under the state sovereignty but Sea has some another status by the international law of the sea Convention of UN)
- Freedom of the high seas
~ Problems: related to ‘innocent passage’, what about a warship?
~ Joint Declaration of the Denuclearization of the Korean Peninsula has no exact regulation between two countries.
5. International security
- To succeed the NWFZ treaty, strong wills of inner states are the most important factors; however, security assurance from nuclear powers are equally essential as well.
~ Negative Security Assurance by signing guarantee protocol
-There is no guarantee protocol in Joint Declaration of the Denuclearization of the Korean Peninsula!! => It means there is not a single security system from nuclear powers.
6. Verification System -Verification system is very crucial to investigate its performance.
-NWFZ has close relations with NPT system
~ Safeguards agreement of IAEA + Investigation of self-established organ = double control system
Ex: Treaty of Tlatelolco – Agency for the Prohibition of Nuclear Weapons in Latin America OPANAL
Ex: Treaty of Rarotonga - consultative committee Ex: Treaty of Pelindaba - African Commission on Nuclear Energy
Ex: Bangkok Treaty – Commission for the Southeast Asia Nuclear Weapon free zone, and executive committee + special investigation through ‘Fact-finding mission’
Ex: Joint Declaration of the Denuclearization of the Korean Peninsula - the South-North Joint Nuclear Control Commission, No special investigation
* Conclusion
- Purpose of NWFZ
1. To assure international security
Target: Threshold states such as South Africa, Israel, India
2. To reduce the threat from nuclear powers
~Joint Declaration of the Denuclearization of the Korean Peninsula has poor formation compared to other treaties. It lacks the exact regulation of applicable areas, and international security assurance => Need to apply special investigation system.
REFRENCE:
Joint Declaration of the Denuclearization of the Korean Peninsula
To enter into force as of February 19, 1992
The South and the North,
Desiring to eliminate the danger of nuclear war through denuclearization of the Korean peninsula, and thus to create an environrnent and.conditions favorable for peace and peaceful unilcation of our country and contribute to peace and security in Asia and the world,
Declare as follows;
1. The Southand the North shall not test, manufacture, produce, receive, possess, store, deploy or use nuclear weapons.
2. The South and the North shall use nuclear energy solely for peaceful purposes.
3. The South and the North shall not possess nuclear reprocessing and uranium enrichrnent facilities.
4. The South and the North, in order to verify the denuclearization of the Korean peninsula, shall conduct inspection of the objects selected by the other side and agreed upon between the two sides, in accordance with procedures and methods to be determined by the South-North Joint Nuclear Control Commission.
5. The South and the North, in order to implement this joint declaration, shall establish and operate a South-North Joint Nuclear Control Commission within one month of the effectuation of this joint declaration.
6. This Joint Declaration shall enter into force as of the day the two sides exchange appropriate instruments following the completion of their respective procedures for bringing it into effect.
Signed on January 20, 1992
Chung Won-shik
Prime Minister of the Republic of Korea
Yon Hyong-muk
Premier of the Administration Council of the Democratic People's Republic of Korea
Lee churl gee
Summarized by Soohyun Lee
Intro
* What is “Nuclear-weapon-free zone”?
- Absence of Nuclear Weapons + Prohibition area of using nuclear weapons
* Purpose of NWFZ
- Non-proliferation of nuclear weapons
- Nuclear powers -> prohibition of using nuclear weapons
* The concept of a nuclear-weapon-free zone was defined at the U.N. General Assembly in 1975.
* Five NWFZs
1. Treaty of Tlatelolco: Latin America
‘Treaty for the prohibition of nuclear weapons in Latin America‘
2. Treaty of Rarotonga: South Pacific
‘South Pacific Nuclear Free Zone Treaty’
3. Treaty of Pelindaba – Africa
‘African Nuclear- Weapon Free Zone Treaty’
4. Bangkok Treaty- Southeast Asia :
‘Treaty on the Southeast Asia Nuclear Weapon Free Zone’
5. Joint Declaration of the Denuclearization of the Korean Peninsula – the Korean Peninsula
* Purpose of this article
- Comparison of characteristic five NWFZs
- Find out common points
- Characteristics and restrictions of ‘Joint Declaration of the Denuclearization of the Korean Peninsula’
-Differences of Nuclear weapon free zone, nuclear free zone, and denuclearization
~The term, Nuclear weapon free zone, was used at Treaty of Rarotonga
=> no more difference
~Difference between ‘Nuclear weapon free zone’ and ‘denuclearization’
=> ‘Joint Declaration of the Denuclearization of the Korean Peninsula’ used the terminology ‘denuclearization’
=> It is analyzed as an arbitrary will of United States and Korea to maintain Nuclear weapon of United States.
1. No prohibition about threats and use of nuclear weapons by nuclear powers
2. No removal of nuclear umbrella
* Relations between NFWZ and NPT system
-Different motives of NFWZ
1.Standpoint of Nuclear powers
To sustain NPT system
Ex: Joint Declaration of the Denuclearization of the Korean Peninsula is based on United States’ will => not to accept developing nuclear weapons in the Korean peninsula and Japan as well.
2.Standpoint of Non-nuclear states
To guard against threshold states
Ex: Treaty of Pelindaba was established to impede South Africa not to develop nuclear weapons.
3.Security Assurance from Nuclear Powers through NWFZ
Non-nuclear states want to protect their countries by ‘negative security assurance’
* Relevance between NWFZ and NPT system
-All NWFZ treaties have concluded ‘safeguards agreement’ to IAEA to investigate their countries.
(Except Joint Declaration of the Denuclearization of the Korean Peninsula)
* Fundamental measures of NWFZ
1. Non-possession: most fundamental condition
Prohibition of manufacture, production, acquisition, and test
2. Non-stationing
It applies to geographical areas
Prohibition of Receipt, stockpiling, storage, installation, deployment, transport -> this is comprehensive concept
* Controversial issue
-transit issue of naval vessels to the territorial waters => ambiguity (each state decides how to deal with)
-port calls & stopover of naval vessels
3. Non use or no threat of use
It applies to nuclear powers
* The concept of ‘Security assurance’
1) Positive Security Assurance
Nuclear powers offer security actively to non-nuclear states through military support
2) Negative Security Assurance
Nuclear powers promise not to threat and not to use nuclear weapons to non-nuclear sates.
=> NSA is fulfilled through ‘Guarantee protocol’
* Case Studies
1. Treaty for the prohibition of nuclear weapons in Latin America
-Immediate motive: Cube missile crisis
(Prevent Cube not to be a missile base of the Soviet Union)
-Agenda ‘Peaceful uses of atomic energy’ is occurred by Brazil.
2. South Pacific Nuclear Free Zone Treaty
-The Second NWFZ in 1985
-13 members of ‘South Pacific Forum’ signed up.
-Immediate motive: France and Japan
France conducted nuclear tests on Polynesia frequently, and Japan suggested dumping the radioactivity waste matter to the Pacific Ocean.
3. African Nuclear- Weapon Free Zone Treaty
-It is signed on April 11th, 1996 by 50 African countries.
-Immediate motive: South Africa
France conducted nuclear test and South Africa had aroused suspicion of nuclear development.
After South Africa gave up the development of Nuclear weapons and joined NPT, it became a breach to established Treaty of Pelindaba.
4. Treaty on the Southeast Asia Nuclear Weapon Free Zone
-It was signed at city Bangkok in December 15th, 1995 by ASEAN members.
-It has meaning of succession of ZOPFAN(Zone f Peace, Freedom and Neutrality in South East Asia)
-This treaty progressed through ASEAN Regional Forum
5. Joint Declaration of the Denuclearization of the Korean Peninsula
-It came into effect in February 19th, 1992.
-limitation
1) Lack of realistic possibility
2) Focusing on Northeast Asia not on the Korean peninsula
3) Strong powers centered agenda
-The opinion of denuclearization of the Korean peninsula was occurred in late 1970 by North Korea. => NK maintained it because of withdrawal of the U.S. Armed Forces in South Korea; South Korea couldn’t accept it.
-As time goes by, North-South relations advanced steadily, and finally, a joint declaration was adopted.
-Through the South-North Nuclear Control Coordinating Committee, they discussed and verified the denuclearization of the Korean peninsula.
* Comparisons of NWFZ treaties
1. The limit of application areas
- Concepts: territory, outer perimeter
- Applying the concept of ‘Territory’ - Treaty of Pelindaba, Bangkok Treaty, Joint Declaration of the Denuclearization of the Korean Peninsula
-Applying the concept of ‘outer perimeter’ – Treaty of Tlatelolco, Treaty of Rarotonga
(it means outer countries around outer perimeter are included)
2. Regulation objects
-How we defined ‘nuclear weapon’?
-Does it include nuclear devices, and transport?
1) Treaty of Tlatelolco, Bangkok Treaty
-Nuclear weapons which have Warlike purpose
-It doesn’t include transport and propulsion if it is possible to separate from
- Approval of nuclear devices of peaceful purpose
2) Treaty of Rarotonga, Treaty of Pelindaba
- It includes nuclear explosive devise as we.
- No matter what purpose it is, other explosive devices are included in regulation objects except transportation.
3) Joint Declaration of the Denuclearization of the Korean Peninsula
-There are no exact standards about regulation objects.
3. Prohibition measures
- Usually treaties include Non-possession, and Non-stationing with some extra prohibition management.
- However, Joint Declaration of the Denuclearization of the Korean Peninsula includes nuclear reprocessing and uranium enrichment facilities => those are not included in other treaties and even NPT treaty.
4. Innocent passage and call at port
- Sea is different from land (Land is absolutely under the state sovereignty but Sea has some another status by the international law of the sea Convention of UN)
- Freedom of the high seas
~ Problems: related to ‘innocent passage’, what about a warship?
~ Joint Declaration of the Denuclearization of the Korean Peninsula has no exact regulation between two countries.
5. International security
- To succeed the NWFZ treaty, strong wills of inner states are the most important factors; however, security assurance from nuclear powers are equally essential as well.
~ Negative Security Assurance by signing guarantee protocol
-There is no guarantee protocol in Joint Declaration of the Denuclearization of the Korean Peninsula!! => It means there is not a single security system from nuclear powers.
6. Verification System -Verification system is very crucial to investigate its performance.
-NWFZ has close relations with NPT system
~ Safeguards agreement of IAEA + Investigation of self-established organ = double control system
Ex: Treaty of Tlatelolco – Agency for the Prohibition of Nuclear Weapons in Latin America OPANAL
Ex: Treaty of Rarotonga - consultative committee Ex: Treaty of Pelindaba - African Commission on Nuclear Energy
Ex: Bangkok Treaty – Commission for the Southeast Asia Nuclear Weapon free zone, and executive committee + special investigation through ‘Fact-finding mission’
Ex: Joint Declaration of the Denuclearization of the Korean Peninsula - the South-North Joint Nuclear Control Commission, No special investigation
* Conclusion
- Purpose of NWFZ
1. To assure international security
Target: Threshold states such as South Africa, Israel, India
2. To reduce the threat from nuclear powers
~Joint Declaration of the Denuclearization of the Korean Peninsula has poor formation compared to other treaties. It lacks the exact regulation of applicable areas, and international security assurance => Need to apply special investigation system.
REFRENCE:
Joint Declaration of the Denuclearization of the Korean Peninsula
To enter into force as of February 19, 1992
The South and the North,
Desiring to eliminate the danger of nuclear war through denuclearization of the Korean peninsula, and thus to create an environrnent and.conditions favorable for peace and peaceful unilcation of our country and contribute to peace and security in Asia and the world,
Declare as follows;
1. The Southand the North shall not test, manufacture, produce, receive, possess, store, deploy or use nuclear weapons.
2. The South and the North shall use nuclear energy solely for peaceful purposes.
3. The South and the North shall not possess nuclear reprocessing and uranium enrichrnent facilities.
4. The South and the North, in order to verify the denuclearization of the Korean peninsula, shall conduct inspection of the objects selected by the other side and agreed upon between the two sides, in accordance with procedures and methods to be determined by the South-North Joint Nuclear Control Commission.
5. The South and the North, in order to implement this joint declaration, shall establish and operate a South-North Joint Nuclear Control Commission within one month of the effectuation of this joint declaration.
6. This Joint Declaration shall enter into force as of the day the two sides exchange appropriate instruments following the completion of their respective procedures for bringing it into effect.
Signed on January 20, 1992
Chung Won-shik
Prime Minister of the Republic of Korea
Yon Hyong-muk
Premier of the Administration Council of the Democratic People's Republic of Korea
