The South Pacific Nuclear Free Zone

The pursuit of nuclear non-proliferation has been a major international concern of our times. The Antarctic Treaty of 1959 is of great historical significance for having created the world's first nuclear-free zone (NFZ). Article 5 of the Treaty prohibits any nuclear explosions and the disposal of radioactive waste in the Antarctica. The Treaty of Tlatelolco of 1967 established the first internationally recognised Nuclear-Weapon-Free-Zone (NWFZ) in a populated region of the world, namely Latin America. The Non-Proliferation Treaty (NPT) of 1968 was an attempt to bring in a global regime to prevent the acquisition of nuclear weapons by non-nuclear weapon states (NNWS). States in the latter category can adhere to the NPT while accepting a stationing of nuclear weapons on their territories, as long as they do not exercise jurisdiction and control over the weapons. West Germany is an obvious example of such a country. A NWFZ, however, prohibits such stationing of nuclear weapons. The three essential characteristics of a NWFZ are non-possession, non-deployment and non-use of nuclear weapons. NWFZs can help to strengthen and promote non-proliferation by providing a means of extending and reinforcing the NPT. In fact Article 7 of the latter accepts that, “Nothing in this Treaty affects the right of any group of states to conclude regional treaties in order to assure the total absence of nuclear weapons in their respective territories.†The article merely acknowledged that one such treaty had been negotiated more or less simultaneously with the NPT. The second NFWZ in an inhabited region was not to be established for another eighteen years. At the Sixteenth South Pacific Forum meeting held in Rarotonga, Cook Islands, Forum countries adopted the South Pacific Nuclear Free Zone Treaty on 6 August 1985 (Hiroshima Day). The Preamble to the treaty expresses the commitment to world peace, a grave concern at the continuing nuclear arms race, the conviction that every country bears an obligation to strive for the elimination of nuclear weapons, a belief in the efficacy of regional arms control measures, and a reaffirmation of the NPT for halting nucleor proliferation. The core NFZ obligations are contained in Articles 3–7. Each party agrees not to manufacture or otherwise acquire, possess or have control—or seek to do so—over any nuclear device; not to assist or encourage others to make or acquire nuclear weapons; to prevent the stationing or testing of nuclear weapons on its territory; not to dump radioactive wastes at sea anywhere in the zone, and to prevent such dumping by others in its territorial sea. Discussions at the United Nations had, by the mid-1970s, identified nine major principles as the guiding elements of a NWFZ: (1) the initiative should come from the countries of the region; (2) the specific provisions of the NWFZ treaty should be negotiated between the regional member states in the form of a multilateral treaty establishing the zone in perpetuity; (5) while adherence to the treaty should be voluntary, the NWFZ must nevertheless embrace all militarily significant states in the region: (4) existing treaty relationships within the zone should not be disturbed; (5) there should be an effective verification system: (6) peaceful nuclear development should be allowed; (7) the zone should hare clearly defined and recognised boundaries; (8) in defining the territory of the zone, members must respect international law, including freedom of the seas and straits used for international navigation and of international airspace; and (9) the NWFZ should have the support of the nuclear-weapon states. Thus the NWFZ concept in established United Nations vocabulary does not prohibit the temporary presence of nuclear vessels during transit or on port calls, and it does not necessarily preclude the acquisition of sensitive nuclear facilities and materials tantamount to having a nuclear-weapon capability or producing untested nuclear bomb components. Nevertheless, it will be useful to follow the UN criteria in order to examine the nature and implications of the South Pacific zone.