Beyond domestic law and practice, the United States is politically obligated as a member of the NSG to require full-scope safeguards on all items appearing on a safeguards trigger list. NSG decisions on criteria are based on consensus. Having labored since to establish and strengthen the NSG, in particular to insist on full-scope safeguards, the United States would have to face up to a significant challenge to bring its 44 partners in the NSG around to making an exception on behalf of India or to a formulation that might be used for future cases.
It is particularly ironic that the state that initiated and nurtured the NSG and labored unrelentingly for the principle of full-scope safeguards and for enlarging the list of items to be covered by NSG rules would now be urging modifying the rules to accommodate a "special case.
Since these safeguard agreements refer to full-scope safeguards, the agreement with India would confer a special status on India not applicable to members of the NPT. To argue for selective exception is essentially to substitute selective proliferation for nonproliferation which strongly contradicts the NPT and the norms of the nonproliferation regime. Furthermore, once the door has been opened to exceptionalism, it will be all the more difficult to rein in imprudent exports by other members of the group.
The timing of the announcement is interesting having been made less than a month after the NSG Plenary. It appears that it was specifically planned so as not to complicate important agreements at the Oslo Plenary while maximizing opportunities for the United States to lobby NSG partners prior to the Plenary--the only opportunity where a change in the Guidelines could be agreed upon.
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In , when states party to the treaty agreed to its indefinite extension, they included in a Decision on Principles and Objectives for Nuclear Non-Proliferation and Disarmament that was critical to indefinite extension a proviso that "New supply arrangements In short, the initiative raises significant political problems both domestically and internationally and runs a serious risk of resulting in a net weakening of the nonproliferation regime. India also faces problems in fulfilling the undertakings noted above.
Some see the agreement as promises on one side U. Among the concerns that have been expressed is the problem of separating the civil and military programs apparently because the latter has few dedicated facilities and relies on the former for fissile material and the impact of perceived "intrusive" international inspection on Indian nuclear facilities especially with an Additional Protocol in place. The prospect that the nuclear bureaucracy in India will seek to minimize the undertakings with respect to international safeguards, and to avoid having to fully separate civil and military activities inter alia for cost considerations of having to build dedicated facilities for the latter alone suggests that reaching closure on a mutually acceptable arrangement will not be easy.
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Besides reversing decades of nuclear nonproliferation policy, the Bush Administration's prospective deal to share civilian nuclear technology with India could also permanently damage missile nonproliferation policy. Under the reported terms of the deal, in exchange for placing its civilian nuclear facilities under international monitoring, India would obtain a free hand to purchase previously restricted conventional weapons, most notably Israel's Arrow missile defense system, a partially U. Israel is an informal "adherent" to the MTCR's guidelines and should practice restraint in transferring the Arrow, but both Israel and India have lobbied Washington hard to make an exception in regard to Arrow's export to India.
Various classified export controls affecting highly sensitive "black box" technologies have been a longstanding impediment to technology transfer even with our closest allies. Many nonproliferation specialists feared the administration would seek to liberalize the MTCR's existing provisions regarding treatment of defensive interceptors, by arguing that restrictions on their export were inconsistent with the MTCR's original goal of arresting the spread of mass-destruction delivery systems. Certainly, missile defenses and missile nonproliferation policy are complimentary; they both seek to deter or defeat mass-destruction delivery systems.
The Soviet SA-2 air defense interceptor has seen stalwart service as the basis for offensive missile programs in at least China, India, Iran, Iraq, and Serbia.
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Potential Russian transfers to Iran and Syria and Chinese exports to Pakistan come immediately to mind. In the end, the offensive missile proliferation damage that results could make both missile defenses and missile nonproliferation policy significantly less effective than they are today. Requirements include such things as recipient state acceptance of full scope IAEA safeguards, physical protection against unauthorized use of transferred materials and facilities, and supplier consent to retransfer of items provided to the recipient.
It is a means of strengthening the IAEA's comprehensive safeguards system to enable the Agency to provide assurance about declared and possible undeclared activities. Gormley, "Missile Defence Myopia: Lessons from the Iraq War," Survival, vol. Nuclear Cooperation with India: Issues for Congress on your Kindle in under a minute. Don't have a Kindle? Try the Kindle edition and experience these great reading features: Share your thoughts with other customers. Write a customer review. Amazon Giveaway allows you to run promotional giveaways in order to create buzz, reward your audience, and attract new followers and customers.
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India–United States Civil Nuclear Agreement
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