The Preliminary Draft of a "Northeast Asia Nuclear-Weapon-Free (Zone) Treaty"
1. Preamble: Basic objectives of the Treaty
- To prevent further proliferation of nuclear weapons (and other weapons of mass destruction) and missiles in the Northeast Asia region, thereby enhancing international security within the region;
- To encourage progressive reduction and eventual elimination of nuclear weapons (and other weapons of mass destruction) and missiles from the region, while for the immediate future, efforts will be concentrated on the prevention of nuclear war by prohibiting the deployment, use or threat of use of nuclear weapons within the region;
- Thus contribute, more generally, to building confidence among the nations concerned and maintaining peace in the region.
2. Participating States
The members participating in the Treaty will be seven---three nuclear-weapon States (China, Russia and the United States of America) and four non-nuclear-weapon States (Democratic People's Republic of Korea, Japan, Mongolia, Republic of Korea)
The other declared nuclear-weapons States, i.e., France and the United Kingdom, may be invited to join the Treaty in an appropriate status such as observers.
3. The common obligations of the States Parties
- All States Parties to the Treaty shall faithfully abide by their obligations under international law, especially those of the United Nations Charter and the Treaty on the Non-Proliferation of Nuclear Weapons (NPT).
- They shall actively participate in internationally concerted efforts to prevent nuclear proliferation and promote nuclear disarmament in Northeast Asia.
4. Obligations of nuclear-weapon States
- Nuclear-weapon States Parties to the Treaty shall not attack or threaten to attack any non-nuclear-weapon States Parties to the Treaty and NPT with nuclear weapons (and other weapons of mass destruction). [negative security assurance=NSA]
- They shall not be the first country to use or threaten to use nuclear weapons within the Zone. [no-first-use commitment]
- They shall progressively dismantle all nuclear weapons, both strategic and non-strategic, within the period of (ten years) from the date of entry-into-force of this Treaty.
- They shall not bring such nuclear weapons into the territories of a non-nuclear-weapon State (including its territorial seas and exclusive economic zones) without its specific consent/request under extraordinary circumstance. It is understood, however, that the freedom of navigation for all vessels including naval vessels will not be jeopardized as long as they abide by the established rules of international law.
- They shall accept appropriate international inspection for verifying the compliance of their obligations under this Treaty.
- They shall not export nuclear weapons or missiles or the technologies thereof, or assist other countries in acquiring such weapons or missiles or improving such technologies.
5. Obligations of non-nuclear-weapon States
- The non-nuclear-weapon States Parties to the Treaty shall reaffirm their obligations under NPT not to manufacture or acquire nuclear weapons under any circumstance.
- They shall also reaffirm their obligations under NPT to accept international inspection (IAEA full-scope safeguards including those under the Additional Protocol) to all nuclear activities for civil purposes under their jurisdiction.
- They shall not develop or deploy ballistic missiles/rockets for military purposes. Rockets for launching artificial satellites for peaceful purposes may be launched only with advance notification given to neighboring countries under appropriate regional/international mechanism.
- They shall give greater transparency to their national nuclear power programs for civil purposes, especially the national programs involving the use of plutonium, in order to remove any doubt of other countries in the region.
6. Obligations of consultation
- The States Parties to the Treaty shall consult with one another in order to avoid any misunderstandings or prevent any conflicts whenever such consultation is deemed necessary or is requested by other parties concerned. (Such consultation is deemed particularly necessary when the peaceful use of outer space is at question, for instance the proposed NMD/TMD programs.) Accordingly, they shall agree to create an appropriate regional forum(s) for such consultation at the earliest possible date.
7. Process and timetable for establishing the NEA-NWFZ
8. NEA-NWFZ Treaty Agency
9. Relations with relevant international bodies ( KEDO, IAEA, CTBTO, etc.)
10. Relationship with existing mutual security/defense arrangements
11. Definitions of terms
12. Ratification, accession, amendments, etc.
- The present treaty will come into force when all three nuclear-weapon States and all four non-nuclear-weapon State have ratified it.
13. Duration, Review conferences, etc.
- The Treaty will last indefinitely. A State Party to the Treaty cannot withdraw from it.
14. Settlement of disputes
1. Detailed explanations on these draft articles are intentionally omitted for the moment. A small international working group, consisting of qualified experts both in the official and private sectors, should be created at an early date to address these and other technical issues, and work out more specific draft articles of the Treaty for consideration by the regional governments.
2. The present paper has been prepared by Professor Kumao Kaneko for stimulating discussions at international symposia and seminars on the related subjects. This is not to be cited or quoted without the express permission of the author. It is kindly requested that any constructive comments or suggestions be directed to:
Professor Kumao Kaneko
President, Japan Council on Energy, Environment & Security
2-31-24 Daizawa, Setagaya-ku, Tokyo, 155-0032 Japan