CIVIL SOCIETY AND NUCLEAR NON-PROLIFERATION Non-State Actors in International Law, Politics and Governance Series Series Editors Dr Math Noortmann, Erasmus University, Rotterdam, The Netherlands; Dr Bob Reinalda, Radboud University Nijmegen, The Netherlands; Professor Dr Bas Arts, Radboud Wageningen University and Research Centre (WUR), The Netherlands The proliferation of non-state actors in the international system over the last three decades has increased the need for a broader theoretical analysis and empirical validation. The series explores the capabilities and impact of non-state actors, such as privately-based transnational corporations, non-governmental organizations (NGOs), international criminal organizations, and liberation movements, as well as intergovernmental organizations (in which NGOs often participate). The series seeks to address this need and to deepen the knowledge and understanding of non- state actors by scholars, practitioners and students in the fields of international law, politics and governance. By emphasizing legal, political and governance aspects of non-state actors’ activities at the international (global or regional) level, the series intends to transcend traditional disciplinary and organizational boundaries. Also in the series The Romani Voice in World Politics The United Nations and Non-State Actors Ilona Klímová-Alexander ISBN 978 0 7546 4173 5 Surviving Global Change? Agricultural Interest Groups in Comparative Perspective Edited by Darren Halpin ISBN 978 0 7546 4204 6 Choosing the Lesser Evil Understanding Decision Making in Humanitarian Aid NGOs Liesbet Heyse 978 0 7546 4612 9 Closing or Widening the Gap? Legitimacy and Democracy in Regional Integration Organizations Edited by Andrea Ribeiro Hoffmann and Anna van der Vleuten ISBN 978 0 7546 4968 7 Civil Society and Nuclear Non-Proliferation How do States Respond? CLAUDIA KISSLING University of Bremen, Germany © Claudia Kissling 2008 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. Claudia Kissling has asserted her right under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work. Published by Ashgate Publishing Limited Ashgate Publishing Company Gower House Suite 420 Croft Road 101 Cherry Street Aldershot Burlington, VT 05401-4405 Hampshire GU11 3HR USA England Ashgate website: http://www.ashgate.com British Library Cataloguing in Publication Data Kissling, Claudia, 1969- Civil society and nuclear non-proliferation : how do states respond? - (Non-state actors in international law, politics and governance series) 1. Nuclear nonproliferation - International cooperation 2. Non-governmental organizations 3. Civil society I. Title 327.1'747 Library of Congress Cataloging-in-Publication Data Kissling, Claudia, 1969- Civil society and nuclear non-proliferation : how do states respond / by Claudia Kissling. p. cm. -- (Non-state actors in international law, politics and governance series) Includes bibliographical references and index. ISBN 978-0-7546-7300-2 1. Nuclear nonproliferation--International cooperation. 2. Non-governmental organizations. 3. Civil society. I. Title. JZ5675.K57 2008 327.1'747--dc22 2007041406 ISBN 978 0 7546 7300 2 Printed and bound in Great Britain by MPG Books Ltd, Bodmin, Cornwall. Contents List of Tables and Boxes vii Foreword ix Acknowledgements xi List of Abbreviations xiii Introduction 1 Part I: A Study of Deliberative Democracy in the Security Field 1 Security Theories in Review 5 2 Legitimacy and Democracy in the Security Field? 9 Part II: The NPT and its Historical Embedding 3 The NPT Regime and its Anchoring within the Disarmament Debate 17 4 What’s the NPT all About? 23 The Substance of the Treaty 23 The Asymmetric Regime of the Treaty 29 The NPT under Stress 35 Part III: The 7th NPT Review Process 5 Overview and Course of the Review Process 41 6 Civil Society at the NPT Review Process 51 7 The Democratic Quality of Decision-Making During the 7th Review Process 55 The Preconditions for Democratic Deliberation 55 Responsiveness 74 Conclusion 173 Annexes 179 Bibliography 195 Index 203 This page intentionally left blank List of Tables and Boxes Tables Table 6.1 Participation at the NPT review process (2002–2005) 51 Table 7.1 Reports submitted 110 Table 7.2 Sources of reports 111 Boxes Box 4.1 13 Practical steps 28 Box 7.1 Open Letter to the Conference Secretariat and States Parties 66 Box 7.2 Major proposals at the 2005 RevCon 75 Box 7.3 Canada’s agenda 134 Box 7.4 NAC agenda 135 Box 7.5 NAM demands 155 This page intentionally left blank Foreword This original study by Claudia Kissling of the University of Bremen fits our series on non-state actors for two reasons. First, she demonstrates the working of the international policy cycle following from the framing and passing of an international treaty. In this case the implementation and monitoring facets of an international agreement are discussed by a close analysis of the 7th Review Conference of the parties to the 1968 Treaty on the Non-Proliferation of Nuclear Weapons (NPT), which took place at the United Nations in 2005. Hence, the author deals with topical developments and sheds light on politically difficult relations, not the least because of the strengthened security controls since 11 September 2001. The outcome of the NPT Review Conference was limited, as no substantial agreement could be reached. The author discusses this process and its outcome in a much nuanced way and makes the reader understand what is going on at such a diplomatic and political event with its own formal and informal arrangements. Secondly, the volume discusses the role of non-governmental or civil society organizations participating in this review process. To many this may not be an obvious relationship, as security normally is regarded as a matter of ‘high politics,’ rather than one of governments and non-governmental organizations. However, the growing numbers of nuclear weapons and their carriers during the 1950s were accompanied by scientists publicly expressing their great anxiety about the consequences of nuclear weapons and their wish of effective control. In 1955 Bertrand Russell and Albert Einstein published their famous manifesto, which in 1957 was followed by the first Pugwash Conference taking place in Canada and stimulating public debate. The Cuban Missile Crisis of 1962 confirmed the fact that the world could be ‘on the brink’ of the use of these destructive weapons. The non-fatal outcome of this crisis helped to create various international agreements preventing the use of nuclear weapons, among them the 1968 Non-Proliferation Treaty. Because an institutionalized access of non-governmental organizations to the NPT process and its negotiating forums had been in existence since 1994, the author selected the non-proliferation regime for her research on the contribution of non-governmental organizations to regime building and its democratic quality. Through process tracing as well as content and argumentation analysis the reader learns about the ways in which governments are carefully protecting their interests in this regime, whereas at the same time the intensive lobbying on the part of non- governmental organizations is leaving some mark on the negotiations. Although the author’s hypotheses are answered in the negative, her skilful exposé shows that it was correct to address the role of non-governmental organizations in the non- proliferation monitoring process. We have a better understanding of the existing x Civil Society and Nuclear Non-Proliferation institutional structure, with state interests on one hand and more critical inputs on the other reminding governments of the serious threat of nuclear weapons. Bob Reinalda Radboud University Nijmegen Institute for Management Research Nijmegen, the Netherlands Acknowledgements This book has been written within the framework of an interdisciplinary research project on ‘Participation and Deliberation in International Organizations’ of the Collaborative Research Center 597 ‘Transformations of the State’ at the University of Bremen. The Research Center is generously funded by the Deutsche Forschungsgemeinschaft (DFG) whose financial support is gratefully acknowledged. In this context, I extend my gratitude to all colleagues within and beyond our research project who have contributed to making this venture a reality and those who have given valuable comments on it before, during and after its elaboration. In this regard, I direct my special thanks to Ralf Bendrath, Simon Dalferth, Dawid Friedrich, Kristina Hahn and Jens Steffek who all have taken the time to read and comment on the book. I was also very pleased to join the youth group of the Friedenswerkstatt Mutlangen, a German non-governmental organization working in the area of peace, nuclear disarmament and nonviolent conflict resolution, during the 7th NPT Review Conference in May 2005 in New York. The insights I gained into NGO peace and nuclear disarmament work and into the dynamics at work during intergovernmental negotiation processes in the field of disarmament were unpayable. My warm thanks in this regard go to Wolfgang Schlupp-Hauck, Chairman of the Friedenswerkstatt and organizer of the journey. Furthermore, I am thankful to Project Ploughshares and Women’s International League for Peace and Freedom for granting permission to use