A New Architecture for the Non-Proliferation of Nuclear Weapons

Posted: 7 Jul 2008  

Jack I. Garvey

University of San Francisco - School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: Winter 2007

Abstract

The new architecture for the non-proliferation of nuclear weapons proposed here is a mandatory regime under Chapter VII of the United Nations Charter, building upon the current consensual regime, but remedying its deficiencies. This article examines the operation of the Nuclear Non-Proliferation Treaty in relation to current nuclear policy dynamics, explaining why the treaty regime has become increasingly inadequate to meet the proliferation challenge, and even counter-productive. The recent confrontations over nuclear policy with Iran, Saddam Hussein's Iraq and North Korea are drawn upon as illustrations and support for the new architecture's foundation - a Security Council Resolution declaring nuclear weapons proliferation, whether generated by states or non-state actors, a threat to the peace. The new architecture, while integrating key elements of the present non-proliferation framework, would be prescriptive, not merely reactive and ad hoc, the difference arising from its basis in a statement of principle under Chapter VII of the Charter. The article explains how this would engage a design similar to post 9/11 anti-terrorism innovation in the Security Council to achieve a more promising dimension of deterrence, political legitimacy and effectiveness in negotiation of non-proliferation. The new architecture includes the so-called targeted sanctions , a new tool already proven meritorious for anti-terrorism and counter-proliferation efforts. In conclusion, the article evaluates evidence demonstrating that the necessary political will is available to achieve the proposed new architecture and frames the essential policy choice.

Suggested Citation

Garvey, Jack I., A New Architecture for the Non-Proliferation of Nuclear Weapons (Winter 2007). Journal of Conflict and Security Law, Vol. 12, Issue 3, pp. 339-357, 2007. Available at SSRN: https://ssrn.com/abstract=1155678 or http://dx.doi.org/krn002

Jack I. Garvey (Contact Author)

University of San Francisco - School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States

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