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SPEAKING FREELY
Salvaging the nuclear non-proliferation regime
By Jing-dong Yuan

Speaking Freely is an Asia Times Online feature that allows guest writers to have their say. Please click here if you are interested in contributing.

MONTEREY, California - Signatory states to the nuclear Non-Proliferation Treaty (NPT) on May 7 wrapped up a two-week Third Preparatory Committee meeting in New York to prepare for next year's NPT Review Conference. With all the media attention focused on the abuse of Iraqi prisoners, this important meeting - the last one to be held prior to next year's conference - passed without much notice. However, the future of the international nuclear non-proliferation regime hangs in the balance.

Indeed, developments since the 2000 meeting of the review committee depict a rather gloomy picture. The "13 steps" toward nuclear disarmament, including the Comprehensive Test Ban Treaty (CTBT) and the negotiation of a Fissile Materials Cutoff Treaty (FMCT), have not made any progress. And though the US-Russian Strategic Offensive Reduction Treaty (SORT, or the Moscow Treaty) of May 2002 reduced the two leading nuclear-weapon states' arsenals to 2,200 each by 2012, it does not carry the effect of an arms-control treaty that is irreversible and verifiable.

At the same time, the international nuclear non-proliferation regime's authority and integrity have received major assaults over the past few years. Among these are the North Korean nuclear-weapons program, questions surrounding Iran's nuclear activities, and the revelation of an international nuclear-proliferation network involving Dr Abdul Qadeer Khan, the father of Pakistan's nuclear-weapons program.

These grave developments raise serious questions about the effectiveness of the international nuclear non-proliferation regime in its ability to detect, deter and stop nuclear proliferation activities. They also highlight the weakest joint in the current international non-proliferation arrangement - the variation and inability of national export-control systems to screen and prevent proliferation transfers and exports. The greatest concern of all is the possibility that terrorist groups will gain access to weapons of mass destruction (WMD) and actually use them.

At stake are two critical issues: First, has the international nuclear proliferation landscape changed so drastically that the current regime, established a quarter of a century ago, can no longer handle the emerging challenges and therefore necessitate alternative strategies? And second, does that regime, while assaulted and vulnerable, remain the best available and most widely acceptable instrument to serve the international nuclear non-proliferation cause and one that still can and should adapt to the changing international security environment?

Obviously, developments over the past two decades pose serious challenges to the international nuclear non-proliferation regime. Three come out prominently.

One is the political foundation of the NPT. The grand political bargain negotiated at the time and reiterated in 1995 and 2000 is the commitment of non-nuclear-weapons states not to seek nuclear weapons, while the five designated nuclear-weapons states - the United States, Russia, China, France and the United Kingdom - would undertake good-faith efforts toward nuclear disarmament. That bargain is being undermined by the slow progress in nuclear disarmament.

The second development is that since the early 1970s and the first oil shock, there has been a growing interest and demand for nuclear energies. In accordance with Article 6 of the NPT, over the past three decades there have been both significant increases in the development of nuclear power and the availability of nuclear materials and technologies that are dual-use.

Third, and related to the second, is the ability of the international nuclear non-proliferation regime to monitor nuclear transactions in a way that can detect non-compliance without hindering the peaceful use of nuclear energies. Achieving this objective requires not only an effective IAEA (International Atomic Energy Agency) inspection regime and recipient states' willingness to enter into safeguard agreements with the former but also the scope and effectiveness of national export control systems of supplier states. The growing number of dual-use nuclear items and technologies adds further complications to the balancing of commercial interests and non-proliferation concerns.

Can the international nuclear non-proliferation regime deal effectively with these developments and challenges? There are essential approaches to this. One is to consider the regime's lost cause and seek alternative strategies. The other is to amend the regime to make it more effective.

The current US policy reflects the first approach. While not completely discarding the regime, Washington clearly shows less faith in the regime's ability to stop proliferation and has launched its own counter-proliferation offensive, which includes the preemptive use of force for regime change, the development of missile defense shields, and a greater resort to coercive diplomacy such as economic sanctions.

However, the US approach raises serious questions and its effectiveness is far from clear. The irrefutable fact is that regardless of its unchallenged power, its ability to stem nuclear proliferation depends on international cooperation, which is best achieved through such international arrangements as the NPT. Indeed, the pursuit by one state of absolute security can cause others to seek greater military capabilities. This is the logic of the security dilemma. The use of overwhelming force cannot effectively deal with the non-state-operated international nuclear smuggling network; at the same time, it can actually harden the determination of proliferant states to acquire nuclear weapons to avoid Saddam Hussein's fate.

The current international nuclear non-proliferation regime must adapt to the new environment to remain a viable instrument for preventing nuclear proliferation. This requires major political and technical efforts and can be achieved only through the broadest extent of international cooperation. On the latter, the strengthening of the IAEA safeguards regime in both extending the signing and ratification of the Additional Protocol to the largest number of member states possible and giving the agency greater resources so that it can effectively carry out its mandate.

In addition, the lesson of the Abdul Qadeer Khan nuclear-proliferation network suggests that national export-control systems also need to be strengthened as the first-line defense against illicit transfers. Greater awareness and resources must be invested in developing the necessary infrastructure and training personnel, as well as better coordination among member states in the Nuclear Suppliers Group, a multilateral nuclear export-control regime.

However, the ultimate solution to nuclear proliferation is a political one. It requires addressing the issue of why states seek nuclear weapons and the obligations of the nuclear weapons states in good-faith disarmament.

One of the key factors in influencing states' decisions to go for or to forgo nuclear options is the security environment under which a particular state is situated. In regions where perennial hostility pits states against one another, there is strong pressure for the weaker party to seek nuclear-weapons capabilities. This certainly applies to South Asia, the Korean Peninsula and, to some extent, the Middle East. In addition, the pursuit of prestige and regional dominance also has driven states to acquire nuclear-weapon capabilities. Israel, India, Pakistan, North Korea and Iraq to various degrees exemplify these proliferation drivers.

The perceived failure of the nuclear-weapons states in fulfilling their part of the bargain sends a wrong message to the international community. This tarnishes the image of the regime and raise questions about its viability as it continues to maintain two-tiered groups of the haves and have-nots within.

However, perhaps more damaging than the apparent double standard is the US decision to develop mini-nukes, the so-called bunker busters. The US Nuclear Posture Review (NPR) of 2002 blurs the boundary between nuclear and conventional use of force, giving legitimacy to nuclear weapons at precisely the moment when the international nuclear non-proliferation regime needs to be salvaged.

Clearly, reining in nuclear proliferation requires bolder initiatives and political leadership. The United Nations Security Council recently adopted a binding resolution criminalizing the acquisition of weapons of mass destruction by non-state actors and requiring member states to adopt and enforce measures to prohibit such activities. US President George W Bush last February proposed major initiatives calling for renewed efforts to combat the proliferation of WMD and their delivery systems. The Proliferation Security Initiative (PSI), a US-led multilateral effort, seeks to interdict shipments of WMD-related items.

These initiatives are laudable. But ultimately to win the non-proliferation war, not just engage in non-proliferation battles, requires even more extensive international cooperation in salvaging and rejuvenating the international nuclear non-proliferation regime. For long-lasting international peace and security, and to secure its own fundamental interests, the United States must take the leadership role, and indeed, lead by example. The Iraq experience shows that the US can ill afford the absence of international cooperation, and its resources are better spent in cultivating its leadership rather than squandering it in unilateralism.

Jing-dong Yuan, PhD, is director of research for the East Asia Non-Proliferation Program at the Center for Non-Proliferation Studies, Monterey Institute of International Studies. A version of this article ran in the Taipei Times on May 11.

Speaking Freely is an Asia Times Online feature that allows guest writers to have their say.
Please click here if you are interested in contributing.


May 19, 2004



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