Nuclear Weapons Counterproliferation: A New Grand Bargain

ISBN : 9780199841271

Jack Garvey
248 ページ
162 x 237 mm

Nuclear Weapons Counterproliferation: A New Grand Bargain proposes a new legal and institutional framework for counterproliferation of nuclear weapons. Its proposal is designed to remedy the widely acknowledged breakdown of the architecture of the Nuclear Non-Proliferation Treaty on which we can no longer rely for global nuclear security. First, Nuclear Weapons Counterproliferation defines the distinctively dangerous character of contemporary nuclear risk and explains why the Nuclear Non-Proliferation Treaty no longer provides a viable foundation for counterproliferation of nuclear weapons. It then sets out the reforms needed in order to limit the radical increase in availability, for rogue governments and terrorists, of nuclear weapons related material and technology. Garvey then proposes a new counterproliferation architecture, to be built on presently available scientific, legal, and institutional resources, which could achieve a critical reduction of nuclear risk and an expanded deterrence. Guiding principles for establishing this new architecture are formulated, including, most importantly, the principal mechanism for implementation, a proposed United Nations Security Council Counterproliferation Resolution applying equally for all states. This book presents what may be our best opportunity to secure a profoundly more effective global nuclear security and counter the world's current course to a catastrophic nuclear detonation.


I. Introduction
A. The Need for a New Counterproliferation Foundation
B. The Old Grand Bargain Breakdown
i. The Goal of Nuclear Disarmament
ii. The Flawed Nexus of Nuclear Disarmament and
Nuclear Counterproliferation
C. Legitimacy
The Challenge of Asymmetric Possession of Nuclear Weapons
II. Futility of Nuclear Risk Management in a Purely Consensual Regime
A. Nuclear Terrorism
B. State-to-State Nuclear Weapons Risk
C. Risk Reduction by Consent
III. Security Council Mandate of Universal Standards
A. 'Global Legislation' by the United Nations Security Council
i. The Security Council as Global Legislator
ii. The Legal Debate
iii. The Legal Debate Enlightened by Political Realism
iv. Counterproliferation as Best Prospect for Security Council Legislation
B. Counterproliferation Beyond Current 'Legislation'
C.Universal Standards
i. Nuclear Security as an Independent International Interest
ii. No Classification of States
iii. International Administration of Universal Standards
IV. Elements of an Effective Counterproliferation Architecture
A. Expanding Deterrence
An International Nuclear Forensics Data Bank
i. Contemporary Nuclear Forensics Capability
ii. Expanded Deterrence
iii. The Legal and Institutional Empowerment of Nuclear Forensics
B. The Internationalization of Counterproliferation Intelligence
i. The Incongruity of National Intelligence Resources and Transnational Nuclear Risk
ii. The Imperative for International Institutionalization of Intelligence
iii. Feasibility
C. Export-Import Control
i. The Club that Cannot Counter-Proliferate
ii. Institutionalization of Export-Import Controls under Security Council Mandate
D. Internationalization of the Nuclear Fuel Cycle
E. Interdiction of Nuclear Weapons Related Transport
The Proliferation Security Initiative
i. Counterproliferation Designed to be Least Legal
'An Activity, Not an Organization'
ii. Interface of the Proliferation Security Initiative and International Law
a. Coastal State Jurisdiction
b. High Seas Jurisdiction
c. Self-Defense
iii. Institutionalization of the Proliferation Security Initiative under Security Council Mandate
Legitimacy and Effectiveness
V. Compliance
VI. Political Will
VII. Conclusion


Jack Garvey is Professor of Law at the University of San Francisco School of Law, where he is also Chairman of the International Programs Department. Professor Garvey holds degrees at the University of Chicago, Harvard College, Oxford University, and Harvard Law School. Professor Garvey served as law clerk for Judge Hubert L. Will of the U.S. Federal District Court in Chicago and also as legislative assistant and speechwriter for Senator George McGovern, with responsibility for foreign policy positioning of the McGovern campaign for the Presidency of the United States. Professor Garvey practiced international law in San Francisco with the firm of Graham and James.