Nuclear Nonproliferation Research Guide

Research Guide on Nuclear Nonproliferation

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Nuclear Nonproliferation

Upcoming Event

2009 Carnegie International Nonproliferation Conference
6-7 April 2009
Washington, D.C.
This years conference, “The Nuclear Order – Build or Break” will address the critical challenges confronting the nonproliferation regime and offer policy recommendations to stop the spread and use of nuclear weapons and materials. Keynote speakers include: Celso Amorim, Minister of Foreign Affairs for Brazil and Anne Lauvergeon, CEO of AREVA.

I. Introductory Resources on Nuclear Weapons

II. Intergovernmental Organizations and Nuclear Authorities

III. Treaty Resources

IV. General Background Sources, Scholarly Texts, and Information Networks

V. Related Research Areas

Introduction

The main purpose of this research guide is to assist legal scholars conducting research in the area of nonproliferation of nuclear weapons. In this context, nuclear nonproliferation encompasses fissile weapons and their technologies and includes two types of proliferation: horizontal and vertical. Horizontal proliferation refers to the spread of nuclear weapons to
current non-nuclear weapons states. Vertical proliferation refers to increased nuclear weapons capacity by existing nuclear weapon states. Peaceful uses of nuclear technology are included here only insofar as they represent a legal dividing line between civilian and military uses.

This research guide first provides introductory resources for historical and technical background. Next, the guide provides information about multilateral authorities, agreements, and enforcement mechanisms. Secondary sources are given for locating journal articles, books, subscription databases, free databases, and additional online resources. Lastly, related disciplinary areas are provided to help locate research and content related to terrorism, disarmament, and national security.

I. Introductory Resources on Nuclear Weapons

International law permits countries to use nuclear technologies for peaceful purposes but prohibits the proliferation of nuclear materials and technologies for non-peaceful uses. What constitutes peaceful versus non-peaceful uses of nuclear technologies is largely a fact-based technical and scientific inquiry. Accordingly, research and analysis under
international law requires a fundamental understanding of the basic nuclear process and what constitutes peaceful uses. The following resources provide an overview of the commonly used terms and background essential to understanding nuclear materials, their use in weapons, their diversion from nuclear fuel production, and the role of safeguard procedures for nuclear material accountability and control.

Websites

Background Texts

The basics of nuclear weapons technologies and proliferation are explained in the following texts:

  • Allison, Graham, Nuclear terrorism: the ultimate preventable catastrophe. New York: Times Book, Henry Holt & Co., 2004.
  • Cirincione, Joseph, Bomb scare: the history and future of nuclear weapons, Columbia Univ. Press, 2007.
  • Forsberg, Randall, et al., Nonproliferation primer, Cambridge:
    MIT Press, 1995.
  • Mozley, Robert F., The politics and technology of nuclear proliferation, Seattle: Univ. of Washington Press,
    1998.
  • Spector, Leonard S., A historical and technical introduction to the proliferation of nuclear weapons. Carnegie Endowment for International Peace, 1992.

II. Intergovernmental Organizations and Nuclear Authorities

United Nations

The United Nations plays a policy, institutional, technical, and enforcement role in nuclear nonproliferation.

  • UN Secretary-General plays a role in nuclear diplomacy, but the formal
    statements are not legally binding. The UN Charter empowers the Secretary-General to bring issues of “international peace and security” to the attention of the Security Council.
  • UN Security Council serves a pivotal role in international security. Under its Chapter VII powers of the UN Charter, the Security Council may authorize sanctions or the use of force in response to nuclear threats and non-compliance with international obligations. Also, the Security Council may authorize the creation of subsidiary bodies to the Council for monitoring country-specific non-compliance issues, such as the United Nations Monitoring, Verification and Inspection Commission for Iraq
    (UNMOVIC). The Security Council website allows researchers to browse resolutions and reports by year and access websites for subsidiary bodies created by the Council.
  • UN General Assembly makes recommendations for cooperation on international treaties on nuclear proliferation. While its recommendations are legally non-binding, the GA has advised the adoption of several nuclear-related treaties. The working documents, session documents, and official records of the GA committee dedicated to disarmament and international security are identified by the prefix “A/C.1/” for First Committee and can be found in the UN Bibliographic Information System given below.

In addition to the resources accessible through the above websites, the following official UN websites provide relevant centralized searches and multimedia content:

  • UN Official Documents Search (ODS) offers simple, advanced, and global search functions to locate full-text documents dating from 1993. Older documents continue to be added to the database.
  • GA Resolutions and Decisions Database, hosted by the UN Office for Disarmament Affairs, contains the voting records, drafts, and full-text of adopted resolutions pertaining to disarmament from the 52nd to 61st General Assembly. While it is intended as a comprehensive listing for a broader field than just nuclear nonproliferation, its useful search filters and additional content make it worthwhile. Resolutions may be filtered by each session to display all resolutions adopted without a vote, all the resolutions a country voted for/against/abstained, and all the resolutions sponsored by a specific country.
  • UN
    Bibliographic Information System
    (UNBISNET) contains UN documents, resolutions, speeches, and voting records, as well as non-UN publications. The “bibliographic record search” allows a researcher to refine searches by keyword, type of material, type of record, language, and date. Results may be sorted by UN document number, title, or publication date. This also is a good database to locate International Atomic Energy Agency (IAEA) materials by selecting "specialized agencies" under "type of material."
  • UN Webcast offers live and prerecorded audiovisual
    programs featuring statements and informal comments from the Secretary General, General Assembly, and Security Council. The website lacks a search function but the archives’ titles generally are very descriptive to allow for quick browsing
    for "nuclear" and "nonproliferation" content.

See also the Related Research Areas in this guide for additional UN resources on arms control and disarmament.

International Court of Justice

As of March 2009, the International Court of Justice (ICJ) issued two advisory opinions on July 8, 1996 related to nuclear weapons: the Legality
of the Threat or Use of Nuclear Weapons
and the Legality
of the Use by a State of Nuclear Weapons in Armed Conflicts
. In the opinions, the ICJ indicated that the use of nuclear weapons generally violates international law but may be justified when used in self-defense. Researchers can access the original request for an opinion, opinions, written and oral statements submitted to the court, press releases, and other documents related to each opinion.

International Criminal Court

It is unclear whether the use of nuclear weapons would qualify as one of the four crimes, such as war crimes or crimes against humanity, given in the Rome Statute to
provide jurisdiction by the International Criminal Court. In a declaration submitted with its ratification of the Rome Statute, France
explicitly limited the scope of interpretation to conventional weapons, not nuclear weapons. New Zealand, in its declaration, rejected such a narrow interpretation on the basis that it is inconsistent with the ICJ’s advisory opinion on Legality of the Threat or Use of Nuclear Weapons.

International Atomic Energy Agency

The International Atomic Energy Agency (IAEA), an international administrative agency, was created in 1957 as a specialized UN agency in response to the growing concern over the spread of nuclear weapons. Its mandate is to foster peaceful uses of nuclear energy. Of particular importance, the IAEA monitors compliance with nuclear safeguards and nonproliferation agreements. Its website contains more than 50,000 pages and is an excellent resource to access information about nuclear weapons, multilateral agreements, bilateral agreements, export controls, safeguards, and
liability for nuclear incidents.

IAEA Founding Documents

  • Statute of the International Atomic Energy Agency. The IAEA Statute was approved on October 23, 1956 and entered into force July 29, 1957.
  • Statute Amendments. In October 1999, the IAEA General Conference amended Article VI as related to the composition and function of the Board of Governors and Article XIV as
    related to review and approval of the annual budget.
  • Agreements with the UN. Specifies the agreements governing the relationship between the IAEA and the UN.

IAEA Resources

  • IAEA Secretariat, headed by a Director General, is an office of about 220 staff that carries out the programs and activities of the agency.
  • Office of Legal Affairs provides internal legal support, drafts and interprets
    safeguards and nonproliferation agreements, and consults on international and domestic legislation.
  • Safeguards & Verification for independent inspections by the IAEA relies on three elements: the IAEA’s statutory authority to establish and administer safeguards, legal instruments, and technical verification measures. The legal basis for safeguards largely derives from bilateral agreements with the IAEA and ratification of protocols by states. Safeguards agreements may be comprehensive or item-specific. Nuclear weapon states, which are not bound under treaty to safeguards, may choose to conclude voluntary offer agreements. Protocols provide the tools and procedures for inspections, such as short-term notice, right to use satellite data, and wide area sampling
    for contaminants.
  • IAEA Publications includes free online and fee-based print resources.
  • IAEA Library claims to house the largest nuclear literature collection and database, but it is not open to the general public. Outside researchers may search the catalog online but must apply for access permission.
  • International Nuclear Information System (INIS), a subscription service free for universities, contains nearly a million full-text scientific, technical, and nonproliferation policy documents. Many documents are not easily located elsewhere.

See also the International Agreements given later in this guide for IAEA-related treaties.

Regional Organizations

III. Treaty Resources

Treaty Collections

Major Nuclear Nonproliferation Treaties

Treaties in Force

Treaties Open for Signatures / Proposed

  • Comprehensive Test Ban Treaty (CTBT) opened for signatures on September 24, 1996. Its purpose is to eliminate all nuclear explosions. The treaty requires all forty-four countries identified as using nuclear materials for civilian or military purposes to ratify the treaty before its entry into force. The website provides a countdown for entry into force on the home page and provides a quick search function to identify the remaining required countries. Legal resources, treaty text, and documents related to the preparatory work are available online.
  • International Convention on the Suppression of Acts of Nuclear Terrorism was adopted on April 23, 2005 by general consensus of the UN General Assembly and opened for
    signatures on September 14, 2005. If ratified by at least 22 countries, the Convention will become international law as the 13th UN treaty on terrorism and the 23rd international legal convention on terrorism adopted at either the global or regional level. It also will become the first
    international legal instrument to address the prevention of terrorism rather than the response to it.
  • Fissile Material Cutoff Treaty (FMCT) is a proposal before the Conference on Disarmament to end the production of fissile materials used for nuclear weapons. The United States tabled draft text
    in May 2006, but opponents criticized the lack of verification mechanisms. At the 2007 Conference, delegates agreed to continue to pursue discussions on an FMCT treaty proposal.

Regional Agreements

Nuclear Weapons Free Zone (NWFZs) Treaties

  • Antarctic Treaty – adopted in 1959, the Antarctic Treaty was the first treaty to prohibit nuclear weapons in a region.
  • Latin America and Caribbean – the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean, also known as the Treaty of Tlatelolco, opened for signatures on February 14, 1967 and entered into force on April 25, 1969. The Agency for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (OPANAL) is responsible for ensuring parties meet their obligations under the Treaty of Tlatelolco.
  • South Pacific – the Treaty of Rarotonga created the South Pacific NWFZ in 1985.
  • South-Asia – the Bangkok Treaty
    opened for signatures on December 15, 1995 and entered into force on March 27, 1997 to create the South-Asia NWFZ.
  • Central AsiaMongolia
    in 1992 declared itself as a nuclear-free region, giving rise to the possible creation of a NWFZ of surrounding areas.
  • Africa – the Pelindaba Treaty was created after the first French nuclear test in the Western Sahara. While it
    opened for signatures in 1996, the treaty has not entered into force.

Outer Space and Sea Treaties

Multilateral and Bilateral Programs, Initiatives, and Activities

  • Global
    Threat Reduction Initiative
    (GTRI) was initiated by the United States in 2004 with the purpose of minimizing the amount of nuclear materials available for destructive purposes. Under the initiative, the United States would work with the IAEA, the Russian Federation, and other states to accelerate and repatriate spent fuel.
  • Proliferation Security Initiative (PSI) was launched by the United States in May 2003 as a non-binding "activity" to respond to the threat of illicit trade in
    materials used in nuclear weapons. PSI is not a legal agreement or organization; rather it represents political commitment by governments to a set of interdiction principles, adopted in Paris on September 4, 2003.
  • Cooperative Threat Reduction (CTR) Umbrella Agreement is a bilateral program between the United States and the Russian Federation to secure, eliminate, and account for weapons and materials of mass destruction. It was created in 1992 and extended twice, in 1999 and 2006.
  • Nuclear Cities Initiative (NCI) is a bilateral program between the United States and the Russian Federation to downsize and reduce Russia’s nuclear weapons production facilities.

IV. General Background Sources, Scholarly Texts, and Information Networks

Major Texts and Treatises

Major text and treatises on nuclear nonproliferation in general include the following:

  • Stoiber, Carlton, ed., Handbook on Nuclear Law, Vienna: IAEA Publications, 2003. Available online from the IAEA.
  • Nuclear weapons and international law in the post Cold War world, Lanham, MD: Austin &
    Winfield, 2000.
  • Thomson, David B., A guide to the nuclear arms control treaties, Los Alamos, N.M.:
    Los Alamos Historical Society, 2001.
  • Nuclear legislation in Central and Eastern Europe and the NIS: 2003 overview, Paris: Nuclear Energy Agency, OECD, 2004.
  • Michael D. Beck, ed., To supply or to deny: comparing nonproliferation export controls in five
    key countries
    , The Hague; New York: Kluwer Law, 2003.
  • John Burroughs, The (il)legality (legality) of threat or use of nuclear weapons, M&#uuml;nster, Germany:
    Lit Verlang, 1997.

Legal and Specialized Journals

Most legal journal articles on nuclear nonproliferation are published in the main law journals or those specializing in international environmental, security, or human rights law. In addition to the traditional international law journals available through LexisNexis, Westlaw, or Kluwer,
the following resources provide additional legal and policy articles on nonproliferation:

  • Arms Control Today is a monthly publication by the Arms Control Association. Free full-text access is available for current and archived issues back to 1997.
  • Bulletin of Atomic Scientists provides free full-text access to the bimonthly magazine and its archives since 2004. Additional features include an aggregated news feed of nuclear news from around the world and a free e-newsletter. ProQuest,
    a subscription service, provides full-text coverage from 1988-2003.
  • Journal of Nuclear Materials Management is published quarterly by the Institute of Nuclear Material Management.
  • International Journal of Nuclear Law began publishing in 2006 as a double-blind refereed journal. Abstracts are available for free online. Full text access online requires paid subscription.
  • The Nonproliferation Review is a refereed journal published triannually
    by the Center for Nonproliferation Studies at the Monterey Institute of International Studies. It features case studies, theoretical analyses, reports, and policy debates. Online abstracts are given for all articles, dating back to
    1994. Online full-text retrieval is available for some articles. Access also is available through online subscription to Columbia International Affairs Online (CIAO).
  • Nuclear Law Bulletin is a fee-based biannual publication of the Organisation for Economic Co-operation and Development (OECD). It covers case law, legislative activity, administrative decisions, bilateral and international agreements, and regulatory activities of international organizations.

Research Websites and Search Directories

  • Nuclear Legislation in OECD Member States summarizes the legislative and regulatory frameworks in each member state. Summaries include specific references to and some
    translations of domestic civil and criminal laws.
  • UN Bibliographic Information System (UNBISNET) contains UN documents,
    resolutions, speeches, and voting records, as well as non-UN publications. The "bibliographic
    record search
    " feature allows researchers to refine by keyword, type of material, type of record, language, and date. Results may be sorted by UN document number, title, or publication date. This also is a good, free database
    to use to locate journal articles, dissertations, NGO written statements, and IAEA materials.
  • Open CRS Network offers free access to some Congressional Research Reports published by the U.S. Library of Congress. Use the search function to find available reports on nuclear proliferation. Results can be sorted by date.
  • Google
    > Scholar > Nuclear Nonproliferation
    provides books, articles, abstracts, and citations. Search returns are ranked by how frequently an item is referred to by other references included in the Google database.
  • Yahoo Directory > Nuclear Weapons > Nuclear Disarmament and Nonproliferation
  • Yahoo Subscriptions provides access to free and subscription content not normally accessed by search engines. Users must create an account to take advantage of the customization features.

Private Organizations

The following list provides a selective overview of a few major private organizations providing more online and print resources:

  • Arms Control Association (ACA) provides fact sheets, news articles, features, editorials, and links to important legal documents.
  • British American Security Information Council (BASIC) is an independent research organization with offices in London and Washington, D.C. Online users can browse white papers, reports, and notes on U.K. policy, U.S. policy, NATO policy, and nuclear nonproliferation treaties.
  • Carnegie Endowment for International Peace – Nonproliferation Program provides updated news, e-newsletter, distribution maps, charts, publications, and links to additional articles. Carnegie also hosts an annual conference on nuclear nonproliferation, generally held in Washington, D.C.
  • Center for Nonproliferation Studies at the Monterey Institute of International Studies provides news, analysis, reports, and several databases that compile international and national documents from intergovernmental authorities, governments, academia, and the private sector.
  • European Safeguards Research and Development Association (ESARDA) works to promote safeguards standards in Europe. Its member list is a good resource for locating government nuclear energy agencies.
  • Henry L. Stimson Center, located in Washington, D.C., is a research and advocacy organization focused on global security. Current research includes cooperative nonproliferation. Online features include news articles, success stories, a nonproliferation scorecard, and an interactive map to locate U.S.-based companies, institutions, and organizations working on nonproliferation.
  • Lawyers’ Committee on Nuclear Policy (LCNP), based in New York City, publishes a regular e-newsletter discussing treaty obligations, proposed treaties, policy statements, and disarmament initiatives. The website organizes key developments, articles, books, and papers by six main topics. Under "Publications," researchers will find law school reading lists, books, archived newsletters, and a database of articles dating between 1993 and 1997.
  • Nonproliferation Policy Education Center (NPEC), a project of the Institute for International Studies (IIS), makes available teaching and research materials.
  • Nuclear Control Institute (NCI) was founded in 1998 as an advocacy research center for the prevention of nuclear proliferation. The website provides some online reports.
  • Nuclear Threat Initiative (NTI) was founded in 2000 by Ted Turner and former U.S. Senator Sam Nunn in 2000 to reduce the risk of nuclear proliferation and other weapons of mass destruction. The organization conducts research and actively engages in nuclear threat reduction projects worldwide. The website provides updated news,
    research reports, and web-based publications.
  • RAND Corporation, a nonprofit, provides research and reports on nonproliferation, nuclear strategy, arms control, and other related topics.
  • World Nuclear Association (WNA) represents nuclear professionals working in civilian uses of nuclear technologies. The website offers information papers on avoiding nuclear proliferation.

Related Research Areas

U.S. Practice in International Law: Nuclear Nonproliferation

  • U.S. Treaties in Force contains the multilateral and bilateral international agreements to which the United States is a party. Search under "Nuclear Weapons-Nonproliferation," "Nuclear Test Ban," and "Nuclear Free Zone."
  • U.S. Implementing Statutes for international agreements are available on LexisNexis, Westlaw and Thomas.loc.gov.
  • Digital National Security Archive, a subscription service, provides online access to a large collection of declassified documents on U.S. foreign and military policy since 1945. Search by keyword for nuclear nonproliferation documents.
  • National Security Law Research Guide, a Georgetown Univeristy Law Center research guide, includes statutory resources for classified information pertaining to nuclear weapons.

Arms Control and Disarmament

  • UN Office for Disarmament Affairs (UNODA)
  • UN Institute for Disarmament Research (UNIDIR), an autonomous institute within the United Nations. It has been working with member states on disarmament issues and its humanitarian concerns since October 1, 1980. The Institute is based in Switzerland. The online publications database includes free access to research summaries and some full-text materials. Most full-text materials are fee-based, print publications available by online ordering.
  • Conference
    on Disarmament
    (CD) was established in 1979 as a multilateral negotiating forum funded by the United Nations. With 65 member states in 2007, it operates on consensus and reports annually to the General Assembly. Its current priorities include nuclear disarmament, prevention of weapons of mass destruction, and transparency in armaments. Annual reports, conference documents, and records of meetings are available online.
  • Arms Control and Disarmament Treaties, provided by UNIDIR.
  • Arms
    Control and Disarmament Glossary
    , provided by the U.S. Department of State.

Weapons of Mass Destruction

  • Weapons
    of Mass Destruction Branch
    of the UN Office for Disarmament Affairs supports the UN’s efforts in the areas of nuclear, chemical and biological weapons. The website largely links to the other UN resources.
  • Organisation for the Prohibition of Chemical Weapons
    (OPCW) implements the provisions of the Chemical Weapons Convention (CWC), which entered into force in 1997. The website offers full-text of the treaty, official documents, an implementing legislation database, and legal publications.
  • Chemical & Biological Weapons Resource Page, provided by the Center for Nonproliferation Studies, includes links to general articles and resources, as well as by region.

Terrorism

Civilian Uses of Nuclear Technologies

Intergovernmental Organizations

  • OECD Nuclear Energy Agency (NEA) is a specialized agency of the Organisation
    for Economic Co-operation and Development whose purpose is to assist states harmonize nuclear legislation pursuant to international principles, strengthen treaty relations among countries, and disseminate information on topical
    nuclear law issues. A standing Nuclear Law Committee (NLC) has the mandate to deal with civil liability and legal
    impediments to peaceful uses of nuclear energy.

Private Organizations in Civilian Nuclear Technologies

  • American Nuclear Society (ANS) is a membership-based, professional society. Its Special Committee on Nuclear Non-Proliferation provides technical and public policy information but distribution is restricted largely to members and policy-makers. The website provides limited information on the benefits of
    nuclear technologies in health, food safety, and energy.
  • European Nuclear Society (ENS) is a private organization dedicated to the
    advancement of science and technologies for peaceful uses of nuclear energy. The website focuses solely on civilian uses and provides online backgrounders on energy and non-energy civilian uses of nuclear technologies.
  • Institute of Nuclear Materials Management,
  • International Nuclear Society Council (INSC) was founded in 1990 as a global consortium of nuclear societies. It has NGO status with IAEA and UNEP.
  • Nuclear Energy Institute (NEI) is a policy organization representing corporations to advocate for the advancement of civilian nuclear energy through beneficial legislative and regulatory policies in the United States and around the world. The website includes policy briefs, fact sheets, public opinion survey reports,
    and white papers.
  • Nuclear Suppliers Group (NSG) was created in 1974 to help ensure nuclear energy fuel cycle safeguards and to prevent the diversion of nuclear materials to non-peaceful purposes. The NSG guidelines, with amendments, were published as IAEA Document INFCIRC/254.
  • Society of Nuclear Medicine (SNM) is a U.S. membership organization promoting medical uses of nuclear technologies.
  • Union of Concern Scientists (UCS) monitors, evaluates, and disseminates information on nuclear safety at nuclear power plants.

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