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Inspection Experience Under the Antarctic Treaty and the International Atomic Energy Agency

Published online by Cambridge University Press:  28 March 2017

James Simsarian
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Two international programs have developed recently permitting inspections, one by national teams and the other by international teams. Although the two programs concern arms control, they are, however, both limited in scope and applicability. The Antarctic Treaty of 1959 authorizes national teams to inspect any area in Antarctica to verify compliance with prohibitions in the treaty against military uses. Under the, Statute of the International Atomic Energy Agency (IAEA), arrangements have been adopted which authorize Agency teams to inspect the peaceful uses of nuclear materials and facilities to ensure that they are not being used to further any military purpose.

Type
Research Article
Information
American Journal of International Law , Volume 60 , Issue 3 , July 1966 , pp. 502 - 510
Copyright
Copyright © American Society of International Law 1966

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References

1 T.I.A.S., No. 4780; 54 A.J.I.L. 477 (1960).

2 T.I.A.S., No. 3873, as amended, No. 5284.

3 The term “signatory” is used in this note to refer to each of the original 12 parties to the Antarctic Treaty, which are the only countries thus far entitled to exercise the right of inspection in Antarctica. This right is limited to the original 12 signatories and other contracting parties conducting substantial scientific research activity in Antarctica, such as the establishment of a scientific station or the despatch of a scientific expedition. Other contracting parties have not thus far conducted the substantial activity required to qualify. The 12 signatories are Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, U.S.S.R., United Kingdom and United States. Three other countries which have acceded to the treaty are Czechoslovakia, Denmark and Poland. 502

4 On safeguards generally, see address by Dr. Glenn T. Seaborg, Chairman, U. S. Atomic Energy Commission, entitled ‘ ‘ The International Atom,'’ 51 Dept. of State Bulletin 779 (1964); remarks by Dr. Seaborg at the Economic Club of Detroit, May 10, 1965, U. S. Atomic Energy Commission Press Release S-10-65; John A. Hall, “Atoms for Peace or War,” 43 Foreign Affairs 602 (1965); John G. Palfrey, “Atoms for Peace and the Effort to Halt the Spread of Nuclear Materials,” 53 Dept. of State Bulletin 393 (1965); and Mason Willrich, “Safeguarding Atoms for Peace,” 60 A.J.I.L. 34 (1966).

5 T.I.A.S., No. 3320, as amended, No. 4748.

6 T.I.A.S., Nos. 4091, 4173, 4650, 5103, 5104 and 5444.

7 IAEA Doe. GC(V)/154, Annual Report of the Board of Governors to the General Conference, July 1, 1960-June 30, 1961, p . 3.

8 IAEA Doe. GC(VIII)/270, Annual Report of the Board of Governors to the General Conference, July 1, 1963-June 30, 1964, p. 29.

9 For the text of the IAEA Revised Safeguards System as approved by the Board of Governors on Sept. 28, 1965, see IAEA Doc. GC(IX)/294. There are 96 states members of the Agency.

10 Argentina, China, Iran, Israel, Portugal, South Africa, Thailand and Viet-Nam.

11 T.I.A.S., No. 5621; IAEA Doe. GC(IX)/299, Annual Report of the Board of Governors to the General Conference, July 1, 1964-June 30, 1965, p. 41.

12 Statement by the Acting TJ. S. Representative (Adrian Fisher) to the Eighteen Nation Disarmament Committee, Geneva, March 5, 1964, Documents on Disarmament, 1964 (U. S. Arms Control and Disarmament Agency), p. 79.

13 Ibid., p. 7.

14 Argentina, Austria, China, Democratic Republic of the Congo, Denmark, Finland, Greece, Iran, Israel, Japan, Mexico, Norway, Pakistan, Philippines, Portugal, South Africa, Thailand, United States, Uruguay, Viet-Nam and Yugoslavia.

15 The eight other states in the I.A.E.A. with nuclear power reactors in operation are Belgium, Canada, France, Federal Republic of Germany, Italy, Sweden, the United Kingdom and the U.S.S.R. Five other member states have nuclear power reactors under construction: Czechoslovakia, India, Netherlands, Spain and Switzerland; five others are in the planning state: Austria, Brazil, China, Pakistan and the United Arab Republic. Op. cit. note 11 above, IAEA Doc. GC(IX)/299, p. 59.

16 New York Times, Nov. 15, 1964. See also ibid., April 9, 1965.

17 See note 3 above.

18 Dept. of State Press Release, No. 469, Sept. 13, 1963; 49 Dept. of State Bulletin 513 (1963); 58 A.J.I.L. 166 (1964).

19 Dept. of State Press Release, No. 591, Nov. 18, 1963; 49 Dept. of State Bulletin 932 (1963); 58 A.J.I.L. 462 (1964).

20 For Report of the United States Observers on Inspection of Antarctic Stations, 1963-64 Austral Summer Season, see “United States Policy and International Cooperation in Antarctica, Message from the President of the United States transmitting Special Report on United States Policy and International Cooperation in Antarctica,” referred Sept. 2, 1964, to the Committee on Foreign Affairs, 88th Cong., 2d Sess., House Doc. No. 358, pp. 49-56.

21 G. I. Tunkin, “An Example of International Cooperation,” International Affairs (U.S.S.R.), February, 1960.

22 Summary of the Third United Nations International Conference on the Peaceful Uses of Atomic Energy by Dr. Glenn T. Seaborg, Proceedings of the Conference, Aug. 31-Sept. 9, 1965, Vol. I, p. 383 (U.N. Doc. A/Conf. 28/1); and op. cit. note 11 above, IAEA Doc. GC(LX)/299, p. 5.

23 As an example of other bodies already drawing on the experience of the IAEA safeguards system, see the preliminary draft articles on verification, inspection and control for the Treaty on the Denuclearization of Latin America, which were drafted at the second session of the Preparatory Commission for the Denuclearization of Latin America held in Mexico City Aug. 23 to Sept. 2, 1965. Article H proposes that the parties to this treaty assume all the obligations and adopt all the procedures of the IAEA safeguards system with regard to any nuclear facilities and activities in their respective territories. The preliminary draft articles were forwarded to governments for study and comment. A copy of the Final Act of this session of the Preparatory Commission was circulated as a U. N. General Assembly document, A/5985. See also Article III of the Draft Treaty to Prevent the Spread of Nuclear Weapons presented by the United States to the Eighteen Nation Disarmament Committee in Geneva on August 17, 1965, which provides: “Each of the States Parties to this Treaty undertakes to cooperate in facilitating the application of International Atomic Energy Agency or equivalent international safeguards on all peaceful nuclear activities.” 53 Dept. of State Bulletin 474 (1965).