Carson Glenn Taylor, JD Anticipated May 2024, Law and Public Policy Scholar
The Nuclear Non-Proliferation Treaty (NPT) is a treaty that restricts the production of nuclear weapons while encouraging the exchange of peaceful nuclear technology. Ratified in 1968, it has been signed by nearly every nation. Along with those goals, this treaty also calls for a Review Conference (NPTRC) to take place every five years to ensure that countries comply with their duties. The most recent conference took place in August of 2022. Although the representatives were unable to reach a consensus on achievable goals, the non-binding draft of what would have been a substantive document included a lot of information on changes in international nuclear policy made since the last NPTRC in 2015. Let’s find out what this draft says.
The Draft Final Document (DFD) is a semi-finalized document that goes through multiple rounds of edits before being agreed upon by all countries which participate in the NPTRC. The DFD is a “one stop shop” for any news on major international doctrinal shifts, treaties, and updated obligations. The DFD can be summarized into three major themes: military disarmament, technological use, and socio-political changes.
That said, this document is not substantive because the DFD lacked the unanimous support of all states. Russia objected to the politicized nature of five paragraphs of the DFD, and the conference was unable to reach consensus. Accordingly, its suggestions are not binding on any state party. Regardless, many countries, such as the U.S., have already made statements that they will comply with the recommendations of the DFD.
Military Disarmament
Although one of the last, and shortest, sections of the DFD, the divisions which discuss the goals of military disarmament are arguably the most important sections for global security. The NPTRC requested nuclear-weapon states to continue disarming as the NPT itself did not allow for “the indefinite possession of nuclear weapons[.]” The conference noted that there has been almost no reduction in military reliance on nuclear weapons since the last conference. Despite seemingly no change in seven years, important subgoals of transparent communication and adoption of joint anti-nuclear weapon agreements can be and have been met.
In the seven-year period between the conclusion of the 2015 NPTRC and the 2022 NPTRC, multiple meetings have taken place which fostered open discussions on safety measures and a reduction of nuclear weapon reliance. These meetings were hosted in the capitals of major nuclear-weapon states and focused on making sure that there is no possibility of nuclear miscommunications. Further, the meeting in D.C. ended in a statement that “nuclear war cannot be won and must never be fought.” The NPTRC also encouraged its party states to review any statements made in subsequent, smaller treaties to ensure that they know the duties owed by them and all other states party to those treaties.
The majority of the anti-nuclear agreements the DFD addressed were made to promote security for non-nuclear weapon states. These agreements mostly revolve around the formation of nuclear-weapon-free zones (NWFZ). The NPTRC notes the state of Mongolia along with the regions of Southeast Asia, the Caribbean, the South Pacific, Central Asia, Latin America, and Africa all have binding international law declarations to be NWFZs. The NPTRC noted that ten nations had ratified the Comprehensive Nuclear-Test-Ban Treaty since the 2015 NPTRC. Similarly, the International Court of Justice advised that any use or threat of use of a nuclear weapon outside of self-defense where the “very survival of a State would be at stake” is illegal. On the same note, the Treaty on the Prohibition of Nuclear Weapons was entered into force as of 2021 and has been signed by ninety-one states.
Technological Use
A large portion of the DFD includes statements on how peaceful nuclear technology should be used. One primary purpose of the NPT itself is to ensure that peaceful technology is shared. To accommodate and enforce this, the U.N. created the International Atomic Energy Agency (IAEA). The NPTRC made it clear that it is the IAEA’s duty to safeguard the technology shared between states. Despite this, the main method to safeguard infrastructure or prevent nuclear trafficking of technology and material should be through domestic regulations.
Some specific developments in technology were noted by the NPTRC. In 2019, the IAEA established a bank of Low Enriched Uranium in Kazakhstan to allow for equal access to reactor fuel. Similarly, smaller nuclear reactors have been created and are available to developing nations to use for energy production. Lastly, recent medical research has expanded the importance of nuclear technology. The IAEA and the NPTRC hope to promote the expansion of individual national stockpiles of Low Enriched Uranium to ensure that these technologies are accessible to everyone.
Socio-Political
This theme is not found in any one section, but rather it is found throughout the DFD. The NPTRC had two main socio-political goals. First, it encouraged all states present to increase the participation of women in NPT implementation. This gender gap can be reduced through funding women-led civil research on nuclear weapons and energy. The Conference wanted the nuclear gender gap to be addressed before the next Conference in 2026. Secondly, the NPTRC urged states to give priority to developing countries when sharing nuclear technology. Nuclear energy technology is highly important when building an economy and favoring these countries’ development over profits should be encouraged.
Conclusion
So, has anything changed? Yes and no. The international community is banding together to get more done behind the scenes, especially culturally, than perhaps anyone would expect. Ninety-one non-nuclear-weapon states agreed to never allow themselves to use, host, or develop nuclear weapons. The IAEA, with the support of the 175 member states, created a secure nuclear bank to ensure that all nations have access to nuclear fuel, even if they are not allied with countries that mine the fuel. Yes, it is true that military tensions between the nuclear-weapon states are at an all-time high. It is also true that all other countries are working together to maintain peace, security, and safety to pursue a future free of nuclear weapons.