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Правовые аспекты создания зон свободных от ядерного оружия (english) - (диплом)Правовые аспекты создания зон свободных от ядерного оружия (english) - (диплом)Дата добавления: март 2006г. INTRODUCTION. Chapter 1. HISTORICAL And LEGAL ASPECTS of NON-DISTRIBUTION of the NUCLEAR WEAPON. 1 Historical preconditions of non-distribution of the nuclear weapon. 1 Concept of non-distribution of the nuclear weapon. · Chapter 2. The международно-legal SERTIFICATES(ACTS) And INTERNATIONAL ORGANIZATIONS UNDER the DECISION of PROBLEMS of NON-DISTRIBUTION of the NUCLEAR WEAPON. · 1. 1. Agreement for non-distribution of the nuclear weapon (ДНЯО). 1 International conventions in the field of non-distribution of the nuclear weapon. 1 Role МАГАТЭ in questions of non-distribution of the nuclear weapon. 1 Other international organizations as the warranty of observance of a mode of non-distribution of the nuclear weapon. · Chapter 3. Международно-legal ASPECTS of CREATION БЕЗЪЯДЕРНОЙ of a ZONE In CENTRAL Asia. 1 Precondition of creation безъядерной of a zone in Central Asia. 1 Way of realization безъядерного of the status of Central Asia. · " Nuclear century " - concept meaning destructive force. Just in such quality she(it) has put a beginning to that period in a history of mankind, which is estimated since August 1945 года1 - from Hiroshima and Nagasaki. The half-century history of creation and application of the nuclear weapon has shown his(its) terrible pernicious action for all alive on ground and has provuck impossibility of a survival in war with a nuclear attack. In spite of the fact that the cold war is finished, the nuclear danger is not reduced. It is necessary to mention the having been available facts of nuclear accidents and failures, which consequences are difficult for predicting. Practically in all футурологических the forecasts is emphasized, that the nuclear safety will remain one of the most important problems of many next decades. " Тяготейшее a crime against mankind.... " - such qualification деяние of those states and state figures, which by first will resort to use of the nuclear weapon, there is not simply emotional expression of disturbed minds(wits) of modernity(present), since Альберта Эйнштейна and Бертрана Рассела, not only precise moral and political valuation which tens, hundred public organizations of a various ideological orientation divide(share). This qualification is contained in the Declaration of General Assembly ООН, accepted in 1981 году. 2 Per nuclear century the destabilization of the interstate attitudes(relations) is involved in nuclear war with катострафическими by consequences, which do not pass any nation. Earlier submission about national safety with the large or smaller basis was under construction on accounts in case of war to leave from not ё by the victor. Now the unique way strenghtening of national safety is a way prevention of new world(global) war. The national safety becomes fiction, if in a name е ё the strenghtenings are used methods undermining international safety. The true of nuclear century is those - in modern conditions national safety most органичным by an image coordinates with safety international. Nowadays installation(aim) on безудержное competition in races of arms, undermining(sharpening) international safety threatens also national. The planet is oversaturated by means of mass destruction. Moreover, the process of such glut proceeds. The certificate to this, recently conducted (autumn of a 1996) 1 test of the nuclear weapon by France and China. Come to his(its) creation КНДР, Pakistan, Iraq both India. Iraq and India till now have not joined to Договору1 about non-distribution of the nuclear weapon of a 1968 hindering thereby his(its) ratification and importation in action. Increase of weight of the nuclear weapon increases опаснсть that, that it can be пущенно an input(entrance) or by virtue of the военно-political miscalculation, or непреднамерению as a result of technical "malfunctions" in the newest systems the weapon. The race of arms more and more undermines(sharpens) global safety and for the reason, that she(it) conducts to creation of such kinds of the weapon, which gives in to the control on the part of other states, so, and his(its) prohibition or restriction on the basis of the international agreements ever less. Understanding this mankind should finish with race of arms or sometime whole weight of the saved weapon will be put in a course, and it will become the end of a human civilization. At the increasing number of the people the feeling of national safety begins to be coordinated with real requests maintenance of this safety per nuclear century. The the broad masses come to understanding, that with the nuclear weapon it is possible to threaten, but they cannot be protected. In this connection other true of nuclear century - arises is not present and there cannot be a strong international safety, that is why also safety national in conditions of proceeding race of arms. For developing countries the problem of safety per nuclear century has become especially sharp. They in the военно-economic attitude(relation) are weaker than other advanced countries and consequently especially require strenghtening those other systems of safety on the basis of collective efforts of all peaceful states. In these conditions, the President of a Republic of Uzbekistan И. А. Каримов acting on 48-th session of General Assembly ООН1, has told: " For democratic reforms vitally are necessary stability of company and safety of the state. Without them to decide other questions practically it is impossible. Uzbekistan is firm and is consecutive acts for a safety and stability in all regions, and first of all in Central Asia. The feature of our region, his(its) geopolitical rule(situation) is those, that it(he) for want of negative development of events, can become one of large детонаторов of instability all over the world. It is enough to tell, that at Central Asia lives about 60 millions человек2 relating to various этническим and religious groups. Here накопленно the nuclear weapon, and also usual arms of large destructive force. The collisions in this region are capable to cause accidents of unpredictable scales ". There the president И. Каримов has put forward the initiative of convocation of a constantly acting seminar ООН on safety, stability and cooperation in Central Asia. " Tashkent, - was told by(with) the President Ислам Каримов, - as city with old миротворческими by traditions, проникнутый by spirit of international cooperation, is ready to become a place of realization of such seminar within the framework of the United Nations Organization. In a constantly acting seminar within the framework of policy(politics) of general(common) safety in the world and according to article 52 of the Charter ООН the interested countries could be discussed by(with) opportunities of creation ground systems of regional safety in Central Asia. " Further President of a Republic of Uzbekistan Ислам Каримов has told: " Реалии of the modern world are those, that the safety of one country cannot be supplied at the expense of other state, the regional safety cannot be considered in a separation from problems of world safety. Proceeding from it Uzbekistan acts for complete liquidation of the nuclear weapon, for effective actions and extension without term of the Agreement and non-distribution of the nuclear weapon. Uzbekistan is the convinced supporter of the announcement Центральноазиатского of region безъядерной by a zone ". Many countries of a planet have supported this peaceful initiative. Aspirations of Uzbekistan to creation of strong bases of international safety is obvious. Performances(statement) of the President of a Republic of Uzbekistan on 48-th session of General Assembly of the United Nations Organization and other authoritative international forums to a bright volume acknowledgement(confirmation). Already now chapters of the states of Uzbekistan, Kazakhstan and Kyrgyzstan conduct active work on the announcement of Central Asia безъядерной by a zone. By announcing Центральноазиатский the region безъядерной by a zone will be made ещ ё one step in business of strenghtening of international safety, mode of non-distribution of the nuclear weapon, cooperation and good neighbourhood, by giving thereby chance to the future generations for prosperity and peace coexistence. HISTORICAL And LEGAL ASPECTS of NON-DISTRIBUTION of the NUCLEAR WEAPON. 1 Historical preconditions of non-distribution of the nuclear weapon. · · Per 40 years ХХ centuries the process of mastering by secrets of atom has resulted mankind in practical application of nuclear technologies. Start-up first nuclear реактора on December 2, 1942 and first test nuclear бомбы on July 16, 1945 in Аламогордо (USA) in an equal measure can be considered as a point of readout of nuclear century. The sides of his(its) contradictions were designated sharply: triumph of a science - tragedy of Hiroshima and Nagasaki in August, 1945; power of the person who has delivered to on service an atomic energy, - powerlessness of mankind before threat of nuclear accident. · After USA the nuclear weapon was taken possession By(with) Soviet Union (first test - August 29, 1949), then England (October 3, 1952), France (February 13, 1960), Peoples Republic of China (October 16, 1964). The possession сверхбомбой was perceived as an attribute of geostrategic full value fixing the status great by keeping - of the permanent members of Advice(council) of Safety ООН. However for the similar reasons to the nuclear weapon the number of other countries aspired also. · Many states (from Sweden up to ЮАР and from Brasil up to Japan) per different years carried out the confidential nuclear programs in military area. Before world(global) community there was a question: how to take the most of peace potential of an atomic energy, by reducing for want of it to a minimum threat of his(its) military application? The more countries received access to the nuclear weapon after occurrence of a situation“ of mutual restraint ”USA and USSR, the there was above risk of nuclear war and it became more complex(more difficult) to them to supervise his(its) distribution. The complete embargo of the nuclear weapon with the subsequent destruction of his(its) stocks would be optimum. Such decision would remove threat of nuclear war and discrimination of the states to an attribute of possession by the superweapon. As реалии“ of cold war ”blocked this way, nuclear державы have selected more complex(difficult) variant. The essence it(him) is in simplification of access to peace nuclear technologies of all states under condition of the warranties ненаправления of received materials and equipment in military sphere, failure(refusal) of unattended reexport etc. · In the beginning of 50-th years was found out, that it was easier to the states - importers of nuclear materials and equipment to agree on the control behind their unmilitary use on the part of the employee foreign державы. The realization of control functions in the field of safety, or warranties, was delegated to International agency on an atomic energy (МАГАТЭ), Which charter has come into force on July 29, 1957. · In 60-th years there was a prompt evolution of system of the warranties МАГАТЭ, that in many respects was explained by fast increase in the world of interest to nuclear power, which peak was came on the end of 70-th years. Danger расползания of military nuclear technologies simultaneously has increased. The number“ of threshold countries ”, that is states technically capable to create nuclear бомбу grew. The threat of distribution especially was sharp in the advanced countries, including those, which have sufferred a defeat in the second world(global) war. All this required(demanded) radical change of policy(politics) nuclear by keeping, creation of an effective mode of non-distribution in the world. · After long negotiations on July 1, 1968 the Agreement for non-distribution of the nuclear weapon was open for signing which has become a symbol of the established mode of non-distribution. · After the introduction of the Agreement by virtue of in a 1970 the system of the warranties МАГАТЭ (INFCIRC/153) was developed полномасштабная, began work Committee of the nuclear exporters (“ Committee Цангера ”), presented the first recommendation by the end of a 1974. · Up to the conclusion of the Agreement about non-distribution of the nuclear weapon, February 14, 1967 the Agreement for prohibition of the nuclear weapon in Latin America, or Agreement Тлателолко was open for signing. · Other regional agreement of group of the states for “ of maintenance of complete absence of the nuclear weapon ”on their territory is the Agreement about безъядерной to a zone in a southern part of Silent ocean, or the Agreement Раротонга, which was open for signing on August 6, 1985. · The events of middle of 70-th years have given plentyful food for reflections to the initiators of creation of a mode of non-distribution. Test of the nuclear explosive system(device) in India, readiness of Germany (ратифицировавшей ДНЯО in 1975) to help construction in Brasil (not participating in ДНЯО) whole complex of the enterprises of a nuclear cycle, including installation(aim) for enrichment of uranium, interest of Pakistan in reception from France (not participating in ДНЯО till a 1992) factory on processing the irradiated nuclear fuel - all this has pushed the principal suppliers of nuclear materials, equipment and technology to the further coordination of the items. · Since November, 1974 in London passed negotiations USSR, USA, England, France, Canada, Germany and Japan (Group of the nuclear suppliers or“ London group ”) on development(manufacture) of the uniform regulations of nuclear export. January 27, 1976 the negotiators have exchanged the letters, in which the managing principles of nuclear deliveries were approved. · To the beginning of a 1978 the number of the participants of Group of the nuclear suppliers has increased up to 15: Belgium, GDR, Italy, Netherlands, Poland, Czechoslovakia, Switzerland and Sweden was added. January 11, 1978 they have directed in МАГАТЭ of the letter, by which the text“ of Managing principles of nuclear export ”was applied. МАГАТЭ has distributed them as the official document (INFCIRC/254) with the purposes of informing all states - members. · Events of August - December, 1991, occurrence on a political card 15 independent states instead of nuclear державы - Soviet Union - are sharp have delivered a number of questions connected to non-distribution of the nuclear weapon. The state-participants of Commonwealth of the Independent States should decide a number of questions following from the international obligations USSR and a new situation. In the Agreement on strategic forces from December 30, 1991 of country of a CIS have recognized necessity incorporated командования as strategic forces and preservation of the uniform control above the nuclear weapon and other kinds of the weapon of mass destruction. · May 23, 1992 of USA, Russia, Ukraine, Беларусь and Kazakhstan have signed Лиссабонский the protocol to the Agreement about СНВ-1 from July 31, 1991. According to the protocol, Ukraine, Беларусь and Kazakhstan have undertaken after introduction in action of the Agreement about СНВ-1 to liquidate or to transmit to Russia all strategic nuclear боеголовки and to join to ДНЯО as non-nuclear by keeping. · During a Minsk meeting in верхах of countries of a CIS on June 26, 1992 eight states (Armenia, Беларусь, Kazakhstan, Kyrgyzstan, Росси, Tadjikistan, Uzbekistan and Ukraine) have signed two agreements: about main principles of cooperation in the field of peace use of an atomic energy and about coordination of works on export quotas. · The prevention of the further distribution of the nuclear weapon has become an indisputable priority problem of global safety of the world. In opinion of the overwhelming majority of the experts, the strategic stability in the world can be now undermined only as a result of occurrence of the new nuclear states. Эпицентр of nuclear danger obviously has moved from a zone of the advanced countries in countries of the third world, and nuclear conflict is possible(probable) mainly in the attitudes(relations) between developing countries in Near East and in Southern Asia. · In first half of 90-th years the impressing results in prevention of nuclear distribution were achieved. The center it(him), USSR, formed as a result of disintegration, was reset - Ukraine, Беларусь and Kazakhstan, on which territory дислоцировались soviet nuclear arms, become the participants ДНЯО. Northern Korea trying to leave from him(it), has undertaken перепрофилировать the nuclear objects so that they could not be used in the military purposes. Southern Africa has refused possession by the nuclear weapon and dismantled created is underground nuclear systems(devices). After a defeat in war in a Persian gulf Iraq was forced by Advice(council) of Safety ООН to dismantle of industrial potential for creation of the weapon of mass destruction. In a 1995 ДНЯО - basis of the whole mode of non-distribution - was prolonged permanently and has become constantly acting. In September, 1996 was prepared and the text of the Agreement about universal prohibition of nuclear tests is open for signing. · So, it seemed the quite good results are achieved, to ДНЯО five have joined all nuclear by keeping and more 170 non-nuclear states of the world. After безъядерными by zones in Latin America and in a southern part of Silent ocean have appeared безъядерные of a zone in Africa and in SOUTHEAST Asia. More than 100 countries become the participants безъядерных of zones. The main achievement of policy(politics) in this key sphere of international safety has appeared also acceptance by the majority of countries of world(global) community of norms of behaviour forbidding and condemning any expansion“ of nuclear club ”. · At the same time the achieved results cannot be an occassion for благодушия and curtailing of efforts on strenghtening a mode of non-distribution. On horizon the opportunities are not looked through yet to turn nuclear distribution вспять in Near East and in Southern Asia. Israel, India and Pakistan flatly refuse to join the Agreement for non-distribution of the nuclear weapon and to stop escalating nuclear potential, being available in their order. A main question how to prevent threat of their official announcement by the nuclear states. In Near East a number of Arabian countries and Iran are not going to be reconciled with nuclear monopoly of Israel and as a counterbalance try to master while peace nuclear technology to acquire the chemical and rocket weapon. India and Pakistan интенсифицируют the programs ракетостроения for creation of means of delivery of the nuclear weapon. Remains up to the end not clear, as far there will be Northern Korea in business of liquidation of the saved opportunities in nuclear and rocket spheres. 1 Concept of a mode of non-distribution of the nuclear weapon. · · The theorists of the international attitudes(relations) usually spoke about world(global) policy(politics) with the help of concepts of anarchy and conflicts. The loss of a political authority, which exceeds frameworks of one state, meant, that the mutual relation between the states was under construction on a basis“ of the law of jungle ”: strong acts(arrives) as it(he) wants, and weak - as can. For want of such approach the theorists in 1970-th years came in bewilderment, seeing the certain samples of the increased cooperation of the states. For an explanation of unusual cooperation they have entered concept“ of an international mode ”, as conglomerate from companies, agreements, legislations and decrees based on existing principles and submissions about public values. Interaction and the mutual strenghtening of these elements owes, on their submissions to promote the certain cooperation of countries, even those, at which behind shoulders a history saturated with the conflicts. · Today mode of nuclear non-distribution is one of the most successful modes in world(global) policy(politics). According to ДНЯО non-distribution of the nuclear weapon is meant as the freely made agreement between the states having and which are not having the nuclear weapon, how in the best way to take advantages from peace use of an atomic energy, at the same time applying all efforts to not undermine the international world and safety. · One of the important measures of strenghtening of a mode of non-distribution of the nuclear weapon is the creation of zones, free from the nuclear weapon. In a 1975 the General Assembly ООН in the resolution 3472 i(ХХХ)) т on December 11 as follows has given definition(determination) of the concept of a zone, free from the nuclear weapon: “ As a general(common) rule, “ the zone, free from the nuclear weapon ”considers anyone recognized by that General ASSEMBLY ООН a zone, which any group of the states for want of free realization by them of the sovereignty has created in pursuance of the agreement or convention, in which: (а) the status about complete absence of the nuclear weapon acting is defined(determined) concerning this zone, including a procedure делимитации of a zone; and (б) the international system of check and control for maintenance of the warranty of observance of the obligations following from this status” is established. · The mode of non-distribution bases on the Agreement for non-distribution of the nuclear weapon, agreements Тлателолко and Раротонго, International agency under the nuclear control, national agencies and decrees on the nuclear control. All of them проникнуты to a greater or lesser extent by public belief, that the distribution of the nuclear weapon represents danger to the whole world and frequently threatens to safety of the separate states. · Independent largely both for want of creation and in operation these components of a mode, nevertheless, actively interact and are uniform concerning strenghtening norms of nuclear non-distribution. For example, some contracts trust МАГАТЭ realization of the rules(situations). The nuclear suppliers of the whole world cooperate, helping to establish point sense of some not quite certain paragraphs of the Agreement about non-distribution. The national departments under the nuclear control are subject to rules(situations) of the international agreements, and sometimes and more rigid rules(situations) of the internal legislation. The interconnected nature of diverse elements of a mode serves to strenghtening of a mode of non-distribution of the nuclear weapon and protection it(him) from a disorder. · The large significance in business of non-distribution of the nuclear weapon and maintenance of global safety has process of creation безъядерных of zones. · The idea безъядерных of zones acquires the increasing appeal not only as a measure promoting nuclear non-distribution and disarmament in general, but also as the essential factor разрядки and settlement of regional disputed situations. It is important for want of it to note, that безъядерные of a zone in the certain attitude(relation) give to the states, participating in them, and some advantages in comparison with ДНЯО: they establish completely безъядерный the status, forbidding presence of the nuclear weapon belonging nuclear державам (that ДНЯО does not provide); the participants of zones, besides receive from nuclear by keeping according to the already usual practice legally obligatory warranties of safety (that the non-nuclear participants ДНЯО) are deprived. · For today безъядерные of a zone are already created or the creations in Latin America, southern part of Silent ocean, Africa, SOUTHEAST Asia are in process. Besides there are offers on creation безъядерной of a zone in Southern Asia and on a Korean peninsula. At last, recently Uzbekistan put forward idea of formation(training) free from the nuclear weapon of a zone in Central Asia. · By general Assembly ООН the zone, free from the nuclear weapon was certain(determined) as " any zone recognized by General Assembly ООН, which any group of countries in free display of the sovereignty has formed in pursuance of the agreement or convention ". Such agreement should provide " complete absence of the nuclear weapon, as should be by applicability of a zone ", and also is free to provide " international system of checks and control with the purpose of warranting conformity to the obligations established(installed) by this agreement ". Besides ООН recommends to the nuclear states in view of complete absence of the nuclear weapon in such zones to not resort to any sort to infringements безъядерного of a mode of zones. · ООН 30 years ago has recognized zones, free from the nuclear weapon useful by a means for maintenance to regional and international safety, in every possible way encouraging their creation, and the General Assembly has accepted the appropriate resolutions, calling the states to undertake necessary efforts for completion of registration existing and creation of new zones. · The number of countries per 60 years repeatedly was put forward by(with) the initiatives about creation безъядерных of zones, for example, " the plan Рапацкого " (А. Рапацкий - minister of foreign businesses of Poland of 50-th years), putting forward creation безъядерной of a zone at centre of Europe. According to this plan, the states Центральноевропейской of a part of Europe (Poland, Czechoslovakia, GDR, Germany) are obliged to not make to not accumulate to not import to not allow transportation on their territories of various kinds of the nuclear weapon to not allow to use territories for accommodation of the foreign nuclear weapon. · In a 1959 the Agreement for Antarctic Region forbidding in this area of the Earth any measures of military character, including such, as creation of military bases and strenghtenings, realization of military manoeuvres, and also test of any kinds of the weapon, including nuclear, and burial place of radioactive materials was signed. According to this agreement all continent is announced демилитаризованной by a zone and can be used extremely in the peace purposes. The agreement was never infringed. On July 31, 1994 the participants of the Agreement were 42 states. · In a 1967 the Agreement for principles of activity of the states on research and use of space space, including the Moon and other heavenly bodies was made. The agreement forbids to remove into an orbit of the Earth any objects with the nuclear weapon or other kinds of the weapon of a mass defeat to establish such weapon on heavenly bodies and to place it(him) in space space. The creation on heavenly bodies of military bases, structures and strenghtenings, tests and realization of military manoeuvres is forbidden also. · In a 1971 the Agreement for prohibition of accommodation at the bottom of seas and oceans and in it(him) недрах of the nuclear weapon was signed. It(he) obliges his(its) participants, including Russia, USA, England and France to not establish and to not place on a marine day nuclear and other kinds of the weapon of a mass defeat, and also structure for a storage, test and application of such weapon. An operative range of the Agreement is the area which is taking place outside 12-mile restriction of territorial waters from a coastal strip. The agreement establishes a mode безъядерной of a zone on huge spaces marine and ocean дна and it(him) недр. On July 31, 1994 the participants of the Agreement were 89 states. · Withdrawal of Antarctic Region, space and marine дна from sphere of race of the nuclear weapon and transformation them in безъядерные of a zone become the important factor promoting improvement of international conditions. However present break in business of a международно-legal recognition безъядерных of zones has become signing by the majority of countries of Latin America in a 1967 of the Agreement Тлателоко - about prohibition of the nuclear weapon in this region. The agreement forbids test, application, manufacturing, production or purchase by any method, and also reception, storage, installation(aim), accommodation and any form of possession of any nuclear weapon to countries of Latin America and Caribbean sea. According to this Agreement the regional organization - Agency on prohibition of the nuclear weapon in countries of Latin America and Caribbean pool (ОПАНАЛ) for maintenance of observance by the participants of various rules(situations) of the Agreement was created. The agreement Тлателолко is one of significant elements of a mode of non-distribution, which preceded occurrence of the Agreement about non-distribution of the nuclear weapon. · In a 1986 the second agreement about безъядерной to a zone - Agreement Раротонго, announcing about creation in the south of Silent ocean of a zone, free from the nuclear weapon was made. The zone includes Australia New Zealand, Папуа, New Гвинею and number of the small-sized island states of this region. The agreement forbids manufacturing or purchase by other methods of any nuclear explosive system(device), and also possession and control of such system(device) on the part of the participants somewhere in limits or outside a zone. It(he) also forbids a burial place of radioactive materials in the sea both possession and test of nuclear explosive systems(devices) in the peace purposes. The agreement allows to the participants to do(make) exceptions for the nuclear weapon, which can be onboard foreign courts coming into their ports. · The agreements about безъядерных zones have the important международно-legal attributes and each responsibilities - which purpose is: · The termination(discontinuance) of distribution of the nuclear weapon; · Struggle with nuclear terrorism; · Prohibition of test of the nuclear weapon in caused territories; · Prohibition of production of the nuclear weapon in caused zones of foreign production; · Prohibition of transportations of the nuclear weapon through territory of a caused zone; · Already it is possible with confidence it is possible to assert(approve), that the creation of zones, free from the nuclear weapon, strongly enters into international practice as one of the most effective means of achievement of a main purpose - global nuclear safety. The quantity(amount) of the regional initiatives grows, the legislative base безъядерных of zones is improved, and the saved practical experience allows to speed up hard process of their creation. The rather main obligations of the members of a zone are similar in many aspects. It is the interdiction for development of production, possession, test of the nuclear weapon. · From our point of view, the concept of creation of zones finds more and more real outlines, becomes a particular(specific) practical way of strenghtening of an international mode of non-distribution of the nuclear weapon. With allowance for typing(collecting) the force интеграционных of the tendencies among the young independent states of Central Asia and obvious submission of policy(politics) the pragmatist of economic interests can be assumed, that the inhabitants of this region also will prefer безъядерный status quo. The международно-legal SERTIFICATES(ACTS) And INTERNATIONAL ORGANIZATIONS UNDER the DECISION of PROBLEMS of NON-DISTRIBUTION of the NUCLEAR WEAPON. 1. 1. Agreement for non-distribution of the nuclear weapon (ДНЯО). The problem of the nuclear weapon is one of the most sharpest problems of modernity(present). The distribution of the nuclear weapon, "know-how", accommodation it(him) in countries with a unsuccessful political and economic atmosphere - is inadmissible. On it the effort of world(global) community is directed. In a 1961 the multilateral diplomatic efforts have resulted in acceptance by General Assembly ООН“ of the Irish resolution ”(initiative of Ireland), where all states, in particular, having in the given time by the nuclear weapon, were called to do the utmost to supply(ensure) the conclusion of the international agreement containing a rules(situations), according to which the nuclear states have undertaken the obligations to abstain from loss of the control under nuclear arms and from transfer of the information, necessary for his(its) production, to the states, not engaging such weapon, and also rules(situation), according to which the states which are not having the nuclear weapon, would accept per themselves the obligations to not make and to not receive by a different way the control of such arms. Under this initiative in a 1968 the Agreement for non-distribution of the nuclear weapon global mode, becoming a corner stone, of non-distribution was signed. The Agreement which has entered by virtue of March 5, 1970, has received for the subsequent quarter of century wide international support. During one only 1992 to the Agreement have joined Estonia, Latvia, Slovenia, Uzbekistan, Azerbaijan, Намибия, Нигер and Мьянма (Бирма), and also nuclear державы Peoples Republic of China (March 9) and France (August 3). The number of the participating states has reached(achieved) more than 156, including all five by keeping - permanent members of Advice(council) of Safety ООН. *В 1995 ДНЯО basis of the whole mode of non-distribution - was prolonged permanently and has become constantly acting. Infortunately is far from being all states have come in this Agreement. Iraq, Korean National Democratic Republic, Pakistan, India, Iran - the countries have sufficient potential for creation of the nuclear weapon till now have not signed this Agreement and in the given moment conduct active researches in the given area. The agreement opens by a preamble, in which, in particular(personally), the main principle of new system of the warranties МАГАТЭ is formulated. These warranties are applied " concerning movement(traffic) of initial and special splitted materials by means of use of devices and other technical methods in the certain key places ", that is the extremely movement(traffic) of nuclear materials, instead of factories, installations(aim) and other nuclear objects is supervised. Such approach in many respects was explained by commercial reasons of the manufacturers of the nuclear equipment afraid of outflow of the information to the competitors in result of the too much detailed control. In addition to this article III/I of the Agreement states, that the warranties are applied to all nuclear material " in all peace nuclear activity " within the limits of territory of the non-nuclear state - participant of the Agreement, under his(its) jurisdiction or realized under his(its) control where that was. Thus, the Agreement provides полномасштабные the warranties extending on all nuclear cycle the state-participant. In this key the detailed system of the warranties stated МАГАТЭ in a 1971 was developed. The main problem of the Agreement is formulated in article III/I: " to not admit(allow) switching a nuclear energy from peace application on the nuclear weapon or other nuclear explosive systems(devices) ". In it the appreciablly certain difference from the Charter МАГАТЭ (article III. A. 5), not allowing similar switching on any military purposes. The main articles of the Agreement about non-distribution (I and II) forbid nuclear державам " to transmit to somebody " the nuclear weapon, and non-nuclear - " to accept transfers from somebody " of this weapon and control of it directly, indirectly. For the purposes of the Agreement the state having the nuclear weapon, is what has made and has blown up the nuclear weapon or other nuclear explosive system(device) till January 1, 1967 (article IX. 3), that is USA, USSR England, France, КНР. * the Formula to "somebody" has excluded an opportunity of transfer of the control above the nuclear weapon not only non-nuclear states, but also separate persons, groups, consignments, organizations, first of all - multinational nuclear forces of NATO, which creation was planned per 60 years. The second part of article I causes questions now, as obliges only nuclear державы " to not help at all to not encourage and to not induce " the non-nuclear states to production or purchase of the nuclear weapon and control of it. Between that today in the world(global) market hundreds nuclear suppliers from non-nuclear countries, including from the states third of мира. * actively act Article IV. 2 of the Agreement obliges the participants " to promote probably most complete exchange by the equipment, materials, scientific and technical information on use of a nuclear energy in the peace purposes ". This section was perceived as "gingerbread" stimulating connection to the Agreement for non-distribution of the new participants, especially from among the developing states. Number of rules(situations) of the Agreement (article V and two paragraphs of a preamble) mention a problem of nuclear explosions in the peace purposes. The parties to an agreement have undertaken to supply(ensure) to the non-nuclear states for want of observance of the appropriate conditions " the potential boons from any peace application of nuclear explosions " for want of of maximum low cost of such boons. Core of the Agreement about non-distribution is the agreement between the states having the nuclear weapon, and non-nuclear states. Nuclear державы are obliged: · To not help non-nuclear countries in purchase of the nuclear weapon; · To transmit to the interested countries nuclear technology for the peace purposes; · To undertake real steps on reduction of the stocks of the nuclear weapon; · To require(demand), that the products of their nuclear export in non-nuclear countries should be put under the warranties; · To not aspire to acquire and to develop the nuclear weapon; · To put under the warranties products of their nuclear export in non-nuclear countries; · To accept a condition of statement under the warranties of all nuclear materials, both imported, and made in country (полномасштабные of the warranty); · To transmit to the interested countries nuclear technology for peace целей. * · This agreement on " to the warranties and help " has reduced together groups of the states, in a root excellent(different) on the nuclear interests. While the agreement plays an outstanding role in proceeding support of the Agreement, existence of the support корениться in understanding by many countries of a role of the Agreement as protection of their own interests of safety. · The agreement for non-distribution takes a central place in a mode of non-distribution, which many elements have developed during realization of rules(situations) of this document. After the introduction of the Agreement by virtue of in 1970 the system of the warranties МАГАТЭ (INFCIRC/153) was developed полномасштабная, began work Committee of the nuclear exporters (" Committee Цангера ") . Договор is a main support in aspiration of the people of the whole world to limit distribution of the nuclear weapon. Does not exist more значимого of a symbol of the established mode of non-distribution, which has allowed to introduce in international and внутригосударственную life very many norms and rules of non-distribution. |
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