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1 Tim Caughley, Transparency in the Nuclear Non-Proliferation Regime 1 (2012)

handle is hein.unl/trnucno0001 and id is 1 raw text is: Transparency in the Nuclear
Non-Proliferation Regime
January 2012
Tim Caughley
Resident Senior Fellow, UNIDIR
Introduction
Transparency is a principle to which all states should adhere because it helps to
reinforce compliance with treaty obligations. The more that is known about the
manner of implementation of a state's binding treaty commitments the greater
will be the level of international trust in the regime. This is especially important
in the Nuclear Non-Proliferation Treaty (NPT) given the nature of the deal that
it represents. The act of self-denial of nuclear armaments by the non-nuclear
weapon states (NNWS) rests strongly-but not exclusively-on the expectation
that the nuclear weapon states (NWS) will bring about the elimination from
national arsenals of nuclear weapons and means of their delivery. I say not
exclusively because the NNWS also took the view that in negotiating the NPT
the world would be a safer place without nuclear weapons-a sentiment that
is shared by NWS but not yet implemented in a sufficiently systematic and
progressive manner as the NNWS would like. In any event, at the heart of
consummating the continuous call on all sides for strengthening the NPT lies
improving the levels of transparency as a window on compliance.
A short history of transparency in the NPT
The NPT itself has little to say about transparency except in the requirement of
article III under which the NNWS are obliged to accept safeguards, negotiated
with the International Atomic Energy Agency (IAEA), assuring the world that
they are not breaching their treaty commitments by diverting nuclear energy
from peaceful use to potential hostile use. While the IAEA was empowered to
monitor compliance with those article III non-proliferation obligations, there
was no equivalent body established to monitor compliance with the NNWS'
disarmament commitments under article VI of the Treaty. The pace and nature of
this disarmament process was left open for the NWS themselves to determine.1
In the absence of transparent actions by the NWS to carry out their disarmament
obligations, pressures have grown with the passage of time for more light to be
shed on the efforts and intentions of the nuclear weapons-possessing parties.
1  Paul Meyer, Seeking the Accountability that should ensure the NPT's Permanence, paper
submitted to the Pugwash conference, Berlin, 1-4 July 2011, <http://pugwashgroup.ca/events/
documents/2011/NPTAccountBerlinJul2OllPaul%2OMeyer.docx>.