Module 5:

Understanding the Text of the Treaty

The Treaty on the Nonproliferation of Nuclear Weapons (NPT) is frequently referred to in a short-hand manner, with people referncing “Article IV” or “Article VI.” This section provides side-by-side summary/analysis of the NPT’s 10 articles.
Text of the NPT Summary
TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS
The States concluding this Treaty, hereinafter referred to as the “Parties to the Treaty”
The Preamble explains the object and purpose of the Treaty and the expectations of state parties in entering into it. It contains all of the major points that follow in subsequent articles.
Considering the devastation that would be visited upon all mankind by a nuclear war and the consequent need to make every effort to avert the danger of such a war and to take measures to safeguard the security of peoples, Believing that the proliferation of nuclear weapons would seriously enhance the danger of nuclear war, In conformity with resolutions of the United Nations General Assembly calling for the conclusion of an agreement on the prevention of wider dissemination of nuclear weapons, This paragraph appeals to the conscience of the international community. It was cited by the International Court of Justice in its decision on the humanitarian consequences of nuclear weapons use, and has come up frequently in discussions of the humanitarian dimensions of nuclear weapons challenges.
Undertaking to co-operate in facilitating the application of International Atomic Energy Agency safeguards on peaceful nuclear activities,  These paragraphs on safeguards are echoed later in Article III.
Expressing their support for research, development and other efforts to further the application, within the framework of the International Atomic Energy Agency safeguards system, of the principle of safeguarding effectively the flow of source and special fissionable materials by use of instruments and other techniques at certain strategic points,
Affirming the principle that the benefits of peaceful applications of nuclear technology, including any technological by-products which may be derived by nuclear-weapon States from the development of nuclear explosive devices, should be available for peaceful purposes to all Parties to the Treaty, whether nuclear-weapon or non-nuclear-weapon States, Convinced that, in furtherance of this principle, all Parties to the Treaty are entitled to participate in the fullest possible exchange of scientific information for, and to contribute alone or in co-operation with other States to, the further development of the applications of atomic energy for peaceful purposes, This is a restatement of Article IV.
Declaring their intention to achieve at the earliest possible date the cessation of the nuclear arms race and to undertake effective measures in the direction of nuclear disarmament, Urging the co-operation of all States in the attainment of this objective, This paragraph is later echoed in Article VI.
Recalling the determination expressed by the Parties to the 1963 Treaty banning nuclear weapon tests in the atmosphere, in outer space and under water in its Preamble to seek to achieve the discontinuance of all test explosions of nuclear weapons for all time and to continue negotiations to this end, During negotiation of the NPT, state parties discussed including a comprehensive ban on nuclear testing, but they could not agree. However, this call in the Preamble lays the groundwork for negotiation of the Comprehensive Nuclear Test Ban Treaty.
Desiring to further the easing of international tension and the strengthening of trust between States in order to facilitate the cessation of the manufacture of nuclear weapons, the liquidation of all their existing stockpiles, and the elimination from national arsenals of nuclear weapons and the means of their delivery pursuant to a Treaty on general and complete disarmament under strict and effective international control, Recalling that, in accordance with the Charter of the United Nations, States must refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations, and that the establishment and maintenance of international peace and security are to be promoted with the least diversion for armaments of the world’s human and economic resources, Have agreed as follows: The wording of this paragraph makes it clear that the obligation for states parties to pursue disarmament and a nuclear-weapon-free world is a vague and undefined one, without a clear timeline. Before this can take place, “international tension” must be eased, and trust must be strengthened.
Article I
Each nuclear-weapon State Party to the Treaty undertakes not to transfer to any recipient whatsoever nuclear weapons or other nuclear explosive devices or control over such weapons or explosive devices directly, or indirectly; and not in any way to assist, encourage, or induce any non-nuclear-weapon State to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices, or control over such weapons or explosive devices. Article I deals with the obligations of nuclear weapon states (NWS). First, they cannot transfer their nuclear weapons to any recipient. Second, they cannot assist any non-nuclear weapon state (NNWS) to manufacture or otherwise acquire nuclear weapons, or encourage them to do so. Third, this also applies to other nuclear explosive devices (not just weapons), because the technology for making them would be indistinguishable from nuclear-weapons technology, and they could easily be adapted to become weapons.
Article II
Each non-nuclear-weapon State Party to the Treaty undertakes not to receive the transfer from any transferor whatsoever of nuclear weapons or other nuclear explosive devices or of control over such weapons or explosive devices directly, or indirectly; not to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices; and not to seek or receive any assistance in the manufacture of nuclear weapons or other nuclear explosive devices. Article II outlines the obligations of non-nuclear-weapon states (NNWS). NNWS are not allowed to receive nuclear weapons or other nuclear explosive devices from anyone. They also cannot manufacture nuclear weapons or accept any assistance for such manufacture.
Article III
1. Each Non-nuclear-weapon State Party to the Treaty undertakes to accept safeguards, as set forth in an agreement to be negotiated and concluded with the International Atomic Energy Agency in accordance with the Statute of the International Atomic Energy Agency and the Agency’s safeguards system, for the exclusive purpose of verification of the fulfilment of its obligations assumed under this Treaty with a view to preventing diversion of nuclear energy from peaceful uses to nuclear weapons or other nuclear explosive devices. Procedures for the safeguards required by this Article shall be followed with respect to source or special fissionable material whether it is being produced, processed or used in any principal nuclear facility or is outside any such facility. The safeguards required by this Article shall be applied on all source or special fissionable material in all peaceful nuclear activities within the territory of such State, under its jurisdiction, or carried out under its control anywhere. This article provides for the application of safeguards to ensure that nuclear material in NNWS isn’t diverted to nuclear weapons or other nuclear explosive devices.
1.) NNWS must place all nuclear materials in all peaceful nuclear activities under IAEA safeguards.
2. Each State Party to the Treaty undertakes not to provide: (a) source or special fissionable material, or (b) equipment or material especially designed or prepared for the processing, use or production of special fissionable material, to any non-nuclear-weapon State for peaceful purposes, unless the source or special fissionable material shall be subject to the safeguards required by this Article. 2.) Each NWS will not provide nuclear materials or equipment to a NNWS without an IAEA safeguards agreement.
3. The safeguards required by this Article shall be implemented in a manner designed to comply with Article IV of this Treaty, and to avoid hampering the economic or technological development of the Parties or international co-operation in the field of peaceful nuclear activities, including the international exchange of nuclear material and equipment for the processing, use or production of nuclear material for peaceful purposes in accordance with the provisions of this Article and the principle of safeguarding set forth in the Preamble of the Treaty. 3.) The safeguards should comply with Article IV of the NPT, and should not hamper peaceful uses of nuclear technology or economic/technical development in general.
4. Non-nuclear-weapon States Party to the Treaty shall conclude agreements with the International Atomic Energy Agency to meet the requirements of this Article either individually or together with other States in accordance with the Statute of the International Atomic Energy Agency. Negotiation of such agreements shall commence within 180 days from the original entry into force of this Treaty. For States depositing their instruments of ratification or accession after the 180-day period, negotiation of such agreements shall commence not later than the date of such deposit. Such agreements shall enter into force not later than eighteen months after the date of initiation of negotiations. 4.) Safeguards agreements can be concluded on an individual or group basis. After the entry into force of the NPT, state parties had 180 days to commence negotiation of a safeguards agreement. Currently, state parties must begin negotiations by the date they deposit their instruments of ratification or accession.
Article IV
1. Nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty 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. This article was included on the suggestion of many NNWS. They wanted to make sure that their rights with respect to peaceful uses were recognized. Article IV makes it clear that the NPT’s purpose is not to limit national development and international cooperation on nuclear energy, but rather to promote it.
1.) Nothing in the NPT infringes on the right of NNWS to use nuclear technology for peaceful purposes.
2. All the Parties to the Treaty 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. Parties to the Treaty in a position to do so shall also co-operate in contributing alone or together with other States or international organizations to the further development of the applications of nuclear energy for peaceful purposes, especially in the territories of non-nuclear-weapon States Party to the Treaty, with due consideration for the needs of the developing areas of the world. 2.) All Parties are obligated to facilitate and participate in the exchange of equipment, materials, and scientific and technological information for the peaceful uses of nuclear energy. They can contribute alone or in cooperation with others to the development of applications of nuclear energy for peaceful purposes. The Preamble makes clear that this includes not just technology, such as reactors, but also any technological by-products that result from the development of explosive devices by NWS.
Article V
Each Party to the Treaty undertakes to take appropriate measures to ensure that, in accordance with this Treaty, under appropriate international observation and through appropriate international procedures, potential benefits from any peaceful applications of nuclear explosions will be made available to non-nuclear-weapon States Party to the Treaty on a non-discriminatory basis and that the charge to such Parties for the explosive devices used will be as low as possible and exclude any charge for research and development. Non-nuclear-weapon States Party to the Treaty shall be able to obtain such benefits, pursuant to a special international agreement or agreements, through an appropriate international body with adequate representation of non-nuclear-weapon States. Negotiations on this subject shall commence as soon as possible after the Treaty enters into force. Non-nuclear-weapon States Party to the Treaty so desiring may also obtain such benefits pursuant to bilateral agreements. The potential benefits of peaceful nuclear explosions should be made available to NNWS and should not have an exorbitant cost, if applicable. When this article was first proposed, most states believed that nuclear explosions could serve peaceful as well as military purposes, for example to create canals or perform other engineering tasks. Article V was meant to ensure that NWS would provide NNWS with nuclear explosive services for such purposes. However, it became clear that the cost of cleaning up radioactivity and other debris made nuclear explosions a less attractive option than using conventional explosives. India referenced this article as a justification for its 1974 nuclear weapons test. Today, any nuclear explosion – even a “peaceful” one – is seen as a violation of the norm and moratorium against nuclear testing.
Article VI
Each of the Parties to the Treaty undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control. State parties are obligated to pursue negotiations toward three ends:
1. The end of the nuclear arms race;
2. Nuclear disarmament;
3. A treaty on general and complete disarmament.
The treaty does not require them to complete negotiations, suggesting that the drafters knew how difficult this task would be to achieve.
It also requires all state parties to pursue these negotiations, not just the NWS.
The text of Article VI and the Preamble suggest that negotiators expected that efforts toward complete nuclear disarmament would be linked with efforts toward general and complete disarmament.
Article VII
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 NPT should not undermine the establishment of Nuclear-Weapon-Free Zones.
Article VIII
1. Any Party to the Treaty may propose amendments to this Treaty. The text of any proposed amendment shall be submitted to the Depositary Governments which shall circulate it to all Parties to the Treaty. Thereupon, if requested to do so by one-third or more of the Parties to the Treaty, the Depositary Governments shall convene a conference, to which they shall invite all the Parties to the Treaty, to consider such an amendment.

2. Any amendment to this Treaty must be approved by a majority of the votes of all the Parties to the Treaty, including the votes of all nuclear-weapon States Party to the Treaty and all other Parties which, on the date the amendment is circulated, are members of the Board of Governors of the International Atomic Energy Agency. The amendment shall enter into force for each Party that deposits its instrument of ratification of the amendment upon the deposit of such instruments of ratification by a majority of all the Parties, including the instruments of ratification of all nuclear-weapon States Party to the Treaty and all other Parties which, on the date the amendment is circulated, are members of the Board of Governors of the International Atomic Energy Agency. Thereafter, it shall enter into force for any other Party upon the deposit of its instrument of ratification of the amendment.
Article VIII outlines amendment and review procedures for the Treaty. Any state party can suggest an amendment, and if one-third of the parties support it, it will be considered at a special conference. In order for the amendment to be approved, it must receive a majority of the votes of all parties, including all NWS and all current members of the IAEA’s Board of Governors. Analysts generally agree that these stringent procedures make it virtually impossible to amend the treaty, and that it is unlikely that the treaty would survive an attempt to amend it.
3. Five years after the entry into force of this Treaty, a conference of Parties to the Treaty shall be held in Geneva, Switzerland, in order to review the operation of this Treaty with a view to assuring that the purposes of the Preamble and the provisions of the Treaty are being realised. At intervals of five years thereafter. a majority of the Parties to the Treaty may obtain, by submitting a proposal to this effect to the Depositary Governments, the convening of further conferences with the same objective of reviewing the operation of the Treaty. Paragraph 3 outlines the procedures for review: Review Conferences are convened every five years (as long as a majority of the Parties call for a review conference). Note that there is no mention in the Treaty of Preparatory Committee meetings.
Article IX
1. This Treaty shall be open to all States for signature. Any State which does not sign the Treaty before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time. Article IX describes the procedure for signing and ratifying the Treaty.
2. This Treaty shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics and the United States of America, which are hereby designated the Depositary Governments. Paragraph 2 defines the United Kingdom, the USSR (now Russia) and the United States as depositary governments.
3. This Treaty shall enter into force after its ratification by the States, the Governments of which are designated Depositaries of the Treaty, and forty other States signatory to this Treaty and the deposit of their instruments of ratification. For the purposes of this Treaty, a nuclear-weapon State is one which has manufactured and exploded a nuclear weapon or other nuclear explosive device prior to 1 January, 1967.

4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or of accession, the date of the entry into force of this Treaty, and the date of receipt of any requests for convening a conference or other notices.

6. This Treaty shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.

Paragraph 3 provides a definition of NWS under the treaty: a NWS has manufactured and exploded a nuclear weapon or other device before 1 January 1967. It is for this reason that India, Pakistan, and Israel cannot join the NPT as NWS – they did not test prior to the cutoff.
Article X
1. Each Party shall in exercising its national sovereignty have the right to withdraw from the Treaty if it decides that extraordinary events, related to the subject matter of this Treaty, have jeopardized the supreme interests of its country. It shall give notice of such withdrawal to all other Parties to the Treaty and to the United Nations Security Council three months in advance. Such notice shall include a statement of the extraordinary events it regards as having jeopardized its supreme interest. 1.) Every state party to the NPT has the right to withdraw if it believes its national sovereignty is under threat, but must give three months’ notice to all other state parties and the UNSC.
2. Twenty-five years after the entry into force of the Treaty, a conference shall be convened to decide whether the Treaty shall continue in force indefinitely, or shall be extended for an additional fixed period or periods. This decision shall be taken by a majority of the Parties to the Treaty. 2.) After 25 years, the state parties had to decide whether the NPT should remain in force. They extended the treaty indefinitely during the 1995 NPT Review Conference.
IN WITNESS WHEREOF the undersigned, duly authorised, have signed this Treaty. DONE in triplicate, at the cities of London, Moscow and Washington, the first day of July, one thousand nine hundred and sixty-eight.