Study of the Impact of U.S.-India Nuclear Co-operation on the Global Nuclear Non-proliferation Regime

1
The University of Tokyo Global COE Program
Nuclear Education and Research Initiative
Study of the Impact of U.S.-India Nuclear
Co-operation on the Global Nuclear
Non-proliferation Regime
Tsukasa YAMAMURA, Japan Atomic Energy
Agency (JAEA)
Department of Nuclear Engineering and
Management, Graduate School of Engineering,
University of Tokyo
2. Chronology of the U.S.-India Nuclear
Co-operation
1. Introduction It is understandable that the
announcement of US-India nuclear deal on July
2005 has caused a lot of repercussion in light of
the history of Indias isolation from global
nuclear trade since its nuclear test in 1974.
Critics argue that US-India nuclear deal
undermines the current NPT regime, the premise of
which is the co-operation in the field of
peaceful use of nuclear energy only with the
states which have abandoned the pursuit of
nuclear weapons. Supporters of the deal argue,
however, that co-operation with India is
justifiable from the viewpoint of nuclear
non-proliferation as well in the sense that it
might have advantage of bringing India into a
broader nuclear regime including nuclear
non-proliferation and nuclear disarmament. The
point is how to ensure compatibility between
nuclear non-proliferation and nuclear
co-operation with India. In other words, on what
conditions will US-India nuclear deal be
justified from nuclear non-proliferation
perspective?

• July 2005 Joint Statement between President Bush
  and Prime Minister Singh
• Agreed with full civil nuclear energy
  co-operation
• March 2006 Indias separation plan was agreed
• December 2006 President Bush signed Henry Hyde
  Act into law
• July 2007 Negotiation of bilateral nuclear
  agreement was concluded

5. Nuclear non-proliferation regime and India
3. Documents to be analyzed

1. Draft U.S.-India Nuclear Co-operation Agreement
   (comparison with the agreements between US and
   other states)
2. India-specific safeguards agreement with IAEA (to
   be concluded)
3. Record of the discussion within the U.S. Congress
4. Bilateral co-operation agreements between India
   and other states, (if they are made publicly
   available)

4. Preliminary analysis of draft US-India Nuclear
Co-operation Agreement
Provisions of this Agreement deviate from the
provisions in other bilateral agreements in
several respects. Following might be possible
contentious issues.

• Ambiguity on the termination of co-operation and
  the right of return in the event of nuclear test
  by India (Compatibility with Article 123 of the
  US Atomic Energy Act)
• US commitment of assurance of nuclear fuel supply
  (Is the US still committed to assurance of
  nuclear fuel supply even if India conducts
  nuclear test?)
• Programmatic consent to reprocessing and
  alteration in form or content of nuclear material
• Transfer of sensitive nuclear technology and
  sensitive nuclear facilities