Expanding International Civil Nuclear Cooperation

Working Paper Presented by the United States of America

To the second session of the Preparatory Committee for the
2010 Review Conference of the Treaty on the Non-Proliferation of Nuclear Weapons

Geneva,
May 9, 2008

1.  The safe and secure uses of civil nuclear energy for peaceful purposes offers many benefits to humanity provided it does not contribute to the proliferation of nuclear weapons and meets the highest standards of safety and security.   States Party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) share an interest in promoting and expanding the peaceful uses of nuclear energy in ways consistent with their shared nonproliferation obligations.

2.  As set forth in Article IV of the NPT, all States Party have the inalienable right ‘to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of this Treaty.  (Article II obligates non-nuclear weapon States Party not to manufacture or otherwise acquire nuclear weapons.)  At the 2000 Review Conference, States Party also noted that peaceful use rights must be exercised in conformity with Article III – which requires safeguards on all source or special fissionable material in all peaceful nuclear activities within the territory of a non-nuclear weapon State, under its jurisdiction, or carried out under its control anywhere.  In addition, Article IV specifies that all States Party “undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the peaceful uses of nuclear energy.”

3.  These provisions have particular importance in today’s world.  The demand for new sources of energy is increasing rapidly even as recognition grows that this demand must be met in ways that conserve existing resources and minimize the consumption of fossil fuels that can contribute to greenhouse gas emissions.  Furthermore, rising energy demand relative to current supplies is increasing economic and other pressures facing most countries.  It creates ever-stronger incentives to improve energy security and further diversify the available sources of supply.  Civil nuclear power generation that is safely and securely regulated can provide an important part of the answer to meeting these challenges.  More broadly, nuclear technology can make a key contribution to development, an important point addressed in the second paragraph of Article IV.  In short, there exists today a widely-shared vision of growth in the use of nuclear energy, including in developing countries, to increase the supply of electricity, promote economic growth and development, and reduce reliance on fossil fuels, resulting in decreased pollution and greenhouse gasses.

4.  International cooperation in the safe and secure uses of radioactive materials for civilian purposes provides important benefits in the fields of medical research and treatment, agriculture and food production, management of water resources (e.g., seawater desalination or isotope hydrology), environmental technology, materials science, improved industrial processes, and other areas.  In short, responsible nuclear cooperation that is consistent with Article IV and the highest standards of nonproliferation, safety, and security offers enormous benefits that amply justify its maintenance and indeed expansion in light of current and projected future needs.

5.  The NPT fosters the development of the peaceful uses of nuclear energy by providing a framework of confidence that promotes cooperation in peaceful uses.  Nonproliferation requirements and mechanisms – most prominently compliance with Articles I, II, and III of the Treaty, as well as International Atomic Energy Agency (IAEA) safeguards agreements, including the Additional Protocol – help lay the foundation for international nuclear cooperation by ensuring that nuclear materials and facilities do not contribute to nuclear weapons proliferation.  Civil nuclear cooperation also is underpinned by agreements on safety and security, such as the Convention on Nuclear Safety, the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, the Convention on Supplementary Compensation for Nuclear Damage, and the Convention on the Physical Protection of Nuclear Material including its 2005 amendment.  Ensuring nuclear nonproliferation, nuclear safety, and nuclear security continue to be indispensable prerequisites to the peaceful civil uses of nuclear energy, including nuclear power generation, and provide the foundation for expanding international cooperation in nuclear energy applications.

6.  Those countries that have decided to introduce nuclear energy into their energy mix understandably place importance upon the security of supply of nuclear fuel to develop and sustain their commitment to the peaceful use of nuclear energy.  In order to facilitate the expansion of international nuclear cooperation, therefore, multiple proposals have been advanced for providing reliable access to nuclear fuel. 

7.  International arrangements for multilateral approaches to the nuclear fuel cycle strengthen the ability of States Party to choose the option of nuclear power without pursuing sensitive fuel cycle activities.  Many countries are choosing to develop civilian nuclear capacity through commercial means that rely on assured fuel supplies, for such arrangements offer a cost-effective and responsible means to achieve access to the benefits of nuclear energy.  Choices in this regard are voluntary and represent no abridgement of rights.  The development of multilateral approaches to assuring the supply of nuclear fuel is directed towards the responsible pursuit of access to nuclear energy, and such an approach helps advance the goals of Article IV.  Such an approach would serve the objectives of strengthening nonproliferation, while preserving access to the benefits of nuclear energy and assurance of supply and services around the world.  It is clear that a growing number of nations view reliable access to nuclear fuel as an important component of the international community’s effort to fulfill the vision of Article IV in the 21st Century, helping ensure that nuclear energy makes a major contribution to global development consistent with nonproliferation, safety, and security objectives.