Strategic Panorama 2009 - 2010 - IEEE

The future of the nuclear non-proliferation regime: the 2010 NPT review conference
Conversely, countries like India (which conducted its first nuclear test
in 1974), Pakistan (which retaliated to the nuclear tests carried out by its
neighbour India in May 1998 with a series of six explosions) (24) and Israel
(which, despite its nuclear capability, has never conducted a nuclear test)
are considered de facto but not de iure nuclear powers, and for this reason
refuse to sign the NPT, being the only three states not to have done so.
India accuses the «deficiencies» of the NPT of making the world «a more
dangerous place and called for the replacement of the NPT with a Nuclear
Weapons Convention that would agree steps towards the elimination of
nuclear weapons» (25).
In March 2006 the US and India signed a controversial agreement
on nuclear cooperation in civilian matters which includes, among other
things, the supply of nuclear fuel and technology. Negotiation of the
civilian nuclear cooperation deal was conducted through two legislative
instruments. The first of these instruments, the Henry J. Hyde United
States and India Peaceful Atomic Energy Cooperation Act of 2006 (the
«Hyde Act»), marks a substantial change in US non-proliferation policy
of the past three decades (amendment to the Nuclear Non Proliferation
Act of 1978). It furthermore allows cooperation with a nuclear country
that does not accept the total IAEA safeguards and to which highly
sensitive nuclear technology so far subject to strict international checks
will be exported, such as those established by the Nuclear Suppliers
Group (NSG) which was precisely set up after India’s nuclear explosion
of 1974. The second of the legislative instruments is a bilateral cooperation
agreement concluded pursuant to Section 123 of the 1954 Atomic
Energy Act («the 123 Agreement»). It took 4 rounds of negotiations to
reach a final agreement on 27 July 2007, which was viewed as a major
triumph by the New Delhi authorities. India accepts nuclear safeguards
only for civilian installations and activities, not for military activities, but
the US considers it «a responsible state with advanced nuclear technology»,
amending the guidelines of the US Non-Proliferation Act. The
signing of the agreement on 8 October 2008 involved amending certain
(24) On the nuclear tests conducted by India and Pakistan see GARRIDO REBOLLEDO, V.,
«India, Pakistán y el Régimen de No proliferación Nuclear», Política Exterior, No. 64,
July-August 1998, pp. 99-107; «India y Pakistán: ¿dos nuevas potencias nucleares?»,
Revista Española de Defensa, July-August 1998, pp. 72-77; «¿Locura nuclear asiática?»,
Tiempo de Paz, No. 49, MPDL, Autumn 1998, pp. 53-63; «India y Pakistán: El nacimiento
de dos Estados nucleares» in Anuario del CIP, 1999, Icaria, Barcelona, 1999, pp. 107-
114.
(25) «Indian Prime Minister attacks nuclear treaty», Financial Times, 29 September 2009,
http://www.ft.com/cms/s/0/cb5b3a26-acf5-11de-91dc-00144feabdc0.html.
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