"In article six states agree to pursue negotiations aimed at the cessation of the arms race."
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Non-Proliferation Treaty (NPT) - Summary

The Nuclear Non Proliferation Treaty (NPT), of 1968 (opened for signature on 1st of July,1968, entered into force on 5th of March, 1970) is essentially as it sounds. It is a treaty designed primarily to curb, and ultimately to stop or rewind the proliferation of nuclear weapons.

Proliferation can either refer to the spread of something, or its increase in number, thereby covering both what is known as 'horizontal' proliferation (more states with nuclear weapons) and what is known as 'vertical' proliferation (states with more nuclear weapons). The NPT more adequately addresses horizontal proliferation than it does vertical proliferation. Nevertheless, it may still be said that

"The [nuclear non-proliferation] Treaty represents the only binding commitment in a multilateral treaty to the goal of disarmament by the nuclear-weapon States.". (quoted from United Nations Disarmament - WMD - NPT)

How binding exactly the NPT is with regard to nuclear disarmament is debatable, particularly given that the overall levels of nuclear weapons in existence grew between 1968, when the NPT was drafted, and 1990. Despite this, the NPT is an invaluable treaty insofar as it aims (again, despite some notable failures) to curb horizontal proliferation, and is also an important expression of the need for nuclear non-proliferation to be linked to nuclear disarmament. It is an unfortunate fact, though not necessarily due to fault of the treaty itself that the provisions made in the NPT for nuclear disarmament are the least complied with aspects of the treaty. WIth regard to horizontal proliferation, some recent states to develop nuclear weapons, such as India and Pakistan, have argued that in the absence of any real steps towards disarmament, they are justified in their development of nuclear weapons. These states are known as de facto nuclear weapons states, because while they possess nuclear weapons, they are not recognised by the NPT as doing so (The NPT recognises only the original 5 nuclear weapons states (U.S, Russia, U.K., France, China)). Therefore countries such as India and Pakistan and, according to all reasonable suspicions, Israel, and potentially others are Nuclear Weapons States by fact, though not by law.

The splitting of the atom, and its consequent problems has, since it occurred, been a major concern of the international community. The very first resolution adopted by the United Nations General Assembly proposed the establishment of a commision 'to deal with the problems raised by the discovery of atomic energy and other related matters' (UNGA Resolution 1).

In the 1950s and 1960s the UNGA passed a raft of resolutions on nuclear issues. Generally these resolutions captured the 'Atoms for Peace' philosophy that was prevalent at the time. When the NPT was drafted it as hoped that states would disarm, but it was also believed (not necessarily wrongly) that atomic power could be harnessed for exclusively peaceful purposes.

The preamble of the NPT expresses not only the treaty's general aims, but also expresses the sentiment with which the treaty was concluded. The preamble recalls the 1963 treaty (Partial Test Ban Treaty) which banned atmospheric, underwater and outer space testing of nuclear weapons, as well as recalling the United Nations charter, and its requirement that states refrain from using force or the threat of force in international relations.

The preamble of the NPT also mentions the intention to achieve the cessation of the nuclear arms race, as well as the goal of nuclear disarmament. While the preamble of the NPT expresses the most laudable goals of the treaty, such as the desire to ease tension and strengthen trust between states, in order that they may be able to cease the manufacture of nuclear weapons and liquidate their existing stockpiles, it is also the least legally binding section of the treaty. Generally, the preambles of treaties express principles and desires, they do not codify binding legal principles.

Article one of the NPT is a classic example of what is know as 'supply side' restriction of nuclear weapons material, it forbids Nuclear Weapons States (NWS) from transfering nuclear weapons or control over them, or otherwise assisting or encouraging non nuclear weapons states (NNWS) in acquiring nuclear weapons. Article one of the NPT is complemented by Article 2, whereas article one created supply-side restrictions, article two sets up 'demand side' restrictions. NNWS agree not to receive nuclear weapons, or nuclear explosive devices, or the control of these. NNWS also agree not to receive assistance in developing nuclear weapons of explosive devices.

Article three of the NPT establishes a system of safeguards to which parties agree to adhere. The stated aims of these safeguards, is 'preventing diversion of nuclear energy for peaceful uses to nuclear weapons...' (NPT article 3). Under article 3 state parties undertake not to provide fissionable material, or processing equipment to NNWS, without the appropriate safeguards.

One assumption of the treaty is that the right of states to nuclear power is inalienable, and that all states should co-operate with regard to the technology and materials necessary to allow states to develop capabilities for nuclear power. These sentiments are clearly expressed in article four, which needs be reassessed in accordance with current knowledge of the environmental effects of nuclear power.

Article five of the NPT allows for state parties to conduct peaceful nuclear explosions, under international observation and within international guidelines. Essentially this article is functionally obsolete however it captures the belief at the time that it would be possible to use nuclear explosions for peaceful purposes (such as to widen a canal), as well as the profound lack of understanding, at the time, of the environmental ramifications of such an act.

In article six states agree to pursue negotiations aimed at the cessation of the arms race. States also agree to negotiate with an aim to concluding a treaty on general and complete disarmament. While smaller treaties have been concluded, no treaty with requirements as far reaching, in terms of disarmament, as that which is called for in article 6 of the NPT (bear in mind that this treaty is over thirty years old) has been concluded thus far.

The treaty makes mention in article seven that it does not preclude states from concluding nuclear free treaties/zones. The mention of nuclear free zones in the NPT is important as it links the idea of non-proliferation to the idea of regions free of nuclear weapons, in the same way that article 6 links non-proliferation to disarmament.

'Opened for signature in 1968, the Treaty entered into force in 1970. On 11 May 1995, the Treaty was extended indefinitely. A total of 188 parties have joined the Treaty, including the five nuclear-weapon States. More countries have ratified the NPT than any other arms limitation and disarmament agreement, a testament to the Treaty's significance.' (quoted from United Nations Disarmament - WMD - NPT)

Full text of the Nuclear Non-Proliferation Treaty is available via UN Disarmament - Status and Text of Treaties.