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Title: US arms control obligations under the Non-Proliferation Treaty

Technical Report ·
OSTI ID:5455408

Article VI of the 1968 Non-Proliferation Treaty (NPT) obligates the nuclear weapon states parties to the Treaty ''to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race, ... to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control.'' The preamble to the NPT recalls the 1963 Limited Test Ban Treaty ''determination ... to achieve the discontinuance of ... explosions.'' These provisions are interpreted by a majority of the non-nuclear weapon states parties to the Treaty as an obligation of the nuclear weapon states parties to the Treaty to pursue a comprehensive test ban (CTB). However, a review of the history of the NPT negotiations and US ratification proceedings makes clear that the NPT imposes no legal obligation on the US to pursue a CTB. The US did not make a one-to-one correspondence between Article VI and any specific arms control measure; to the contrary, the US argued successfully that such a connection (to any specific measure) would be pernicious to the attempt to achieve agreement on the NPT. This interpretation, which was sustained through the negotiations and the ratification proceedings, still reflects the limits of the legal obligations the US has accepted. But, in the absence of progress on other arms control measures, which would relieve the pressure for a CTB, the majority interpretation creates political difficulties for the US and could threaten the NPT regime in the future. These problems highlight the need for the US to better defend its compliance with Article VI and to develop a long-term strategy that will permit necessary testing while assuring the survival of the NPT regime in effective form.

Research Organization:
Eagle Research Group, Inc., Arlington, VA (USA)
DOE Contract Number:
AC01-84DP50039
OSTI ID:
5455408
Report Number(s):
DOE/DP/50039-T1; ON: DE86013943
Country of Publication:
United States
Language:
English