South Pacific Nuclear Free Zone Treaty

South Pacific Nuclear Free Zone Treaty in the United States

ARTICLE 1

USAGE OF TERMS
For the purposes of this Treaty and its Protocols:

a) “South Pacific Nuclear Free Zone” means the areas described in
Annex 1 as illustrated by the map attached to that Annex;

b) “territory” means internal waters, territorial sea and archipelagic
waters, the seabed and subsoil beneath, the land territory and the
airspace above them;

c) “nuclear explosive device” means any nuclear weapon or other
explosive device capable of releasing nuclear energy, irrespective of the
purpose for which it could be used. The term includes such a weapon or
device in unassembled and partly assembled forms, but does not include
the means of transport or delivery of such a weapon or device if
separable from and not an indivisible part of it;

d) “stationing” means emplantation, emplacement, transportation on
land or inland waters, stockpiling, storage, installation and deployment.

ARTICLE 2

APPLICATION OF THE TREATY

1. Except where otherwise specified, this Treaty and its Protocols shall
apply to territory within the South Pacific Nuclear Free Zone.

2. Nothing in this Treaty shall prejudice or in any way affect the
rights, or the exercise of the rights, of any State under international
law with regard to freedom of the seas.

ARTICLE 3

RENUNCIATION OF NUCLEAR EXPLOSIVE DEVICES

Each Party undertakes:

(a) not to manufacture or otherwise acquire, possess or have control
means anywhere inside or outside the South Pacific Nuclear Free
Zone;

(b) not to seek er receive any assistance in the manufacture or
acquisition of any nuclear explosive device;

(c) not to take any action to assist or encourage the manufacture or
acquisition of any nuclear explosive device by any State.

ARTICLE 4

PEACEFUL NUCLEAR ACTIVITIES

Each Party undertakes:

(a) not to provide source or.special fissionable material, or equipment
or material especially designed or prepared for the processing, use
or production of special fissionable material for peaceful purposes
to:

(i) any non-nuclear-weapon State unless subject to the safeguards
required by Article III.1 of the NPT, or

(ii) any nuclear-weapon State unless subject to applicable
safeguards agreements with the International Atomic Energy
Agency (IAEA).

Any such provision shall be in accordance with strict
non-proliferation measures to provide assurance of exclusively
peaceful non-explosive use;

(b) to support the continued effectiveness of the international
non-proliferation system based on the NPT and the IAEA safeguards
system.

ARTICLE 5

PREVENTION OF STATIONING OF NUCLEAR EXPLOSIVE DEVICES

1. Each Party undertakes to prevent in its territory the stationing of
any nuclear explosive device.

2. Each Party in the exercise of its sovereign rights remains free to
decide for itself whether to allow visits by foreign ships and aircraft
to its ports and airfields, transit of its airspace by foreign aircraft,
and navigation by foreign ships in its territorial sea or archipelagic
waters in a manner not covered by the rights of innocent passage,
archipelagic sea lane passage or transit passage of straits.

ARTICLE 6

PREVENTION OF TESTING OF NUCLEAR EXPLOSIVE DEVICES

Each Party undertakes:

(a) to prevent in its territory the testing of any nuclear explosive
device;

(b) not to take any action to assist or encourage the testing of any
nuclear explosive device by any State.

ARTICLE 7

PREVENTION OF DUMPING

1. Each Party undertakes:

(a) not to dump radioactive wastes and other radioactive matter at sea
anywhere within the South Pacific Nuclear Free Zone;

(b) to prevent the dumping of radioactive wastes and other radioactive
matter by anyone in its territorial sea;

(c) not to take any action to assist or encourage the dumping by anyone
of radioactive wastes and other radioactive matter at sea anywhere
within the South Pacific Nuclear Free Zone;

(d) to support the conclusion as soon as possible of the proposed
Convention relating to the protection of the natural resources and
environment of the South Pacific region and its Protocol for the
prevention of pollution of the South Pacific region by dumping,
with the aim of precluding dumping at sea of radioactive wastes and
other radioactive matter by anyone anywhere in the region.

2. Paragraphs 1(a) and 1(b) of this Article shall not apply to areas of
the South Pacific Nuclear Free Zone in respect of which such a Convention
and Protocol have entered into force.

ARTICLE 8

CONTROL SYSTEM

1. The Parties hereby establish a control system for the purpose of
verifying compliance with their obligations under this Treaty.

2. The control-system shall comprise:

(a) reports and exchange of information as provided for in Article 9;

(b) consultations as provided for in Article 10 and Annex 4 (1);

(c) the application to peaceful nuclear activities of safeguards by the
IAEA as provided for in Annex 2;

(d) a complaints procedure as provided for in Annex 4.

ARTICLE 9

REPORTS AND EXCHANGES OF INFORMATION

1. Each Party shall report to the Director of the South Pacific Bureau
for Economic Co-operation (the Director) as soon as possible any
significant event within its jurisdiction affecting the implementation of
this Treaty. The Director shall circulate such reports promptly to all
Parties.

2. The Parties shall endeavour to keep each other informed on matters
arising under or in relation to this Treaty. They may exchange
information by communicating it to the Director, who shall circulate it
to all Parties.

3. The Director shall report annually to the South Pacific Forum on the
status of this Treaty and matters arising under or in relation to it,
incorporating reports and communications made under paragraphs 1 and 2 of
this Article and matters arising under Articles 8(2) (d) and 10 and Annex
2(4).

ARTICLE 10

CONSULTATIONS AND REVIEW

Without prejudice to the conduct of consultations among Parties by
other means, the Director, at the request of any Party, shall convene a
meeting of the Consultative Committee established by Annex 3 for
consultation and cooperation on any matter arising in relation to this
Treaty or for reviewing its operation.

ARTICLE 11

AMENDMENT

The Consultative Committee shall consider proposals for amendment of
the provisions of this Treaty proposed by any Party and circulated by the
Director to all Parties not less than three months prior to the convening
of the Consultative Committee for this purpose. Any proposal agreed upon
by consensus by the Consultative Committee shall be communicated to the
Director who shall circulate it for acceptance to all Parties. An
amendment shall enter into force thirty days after receipt by the
depositary of acceptances from all Parties.

ARTICLE 12

SIGNATURE AND RATIFICATION

1. This Treaty shall be open for signature by any Member of the South
Pacific Forum.

2. This Treaty shall be subject to ratification. Instruments of
ratification shall be deposited with the Director who is hereby
designated depositary of this Treaty and its Protocols.

3. If a Member of the South Pacific Forum whose territory is outside the
South Pacific Nuclear Free Zone becomes a Party to this Treaty, Annex 1
shall be deemed to be amended so far as is required to enclose at least
the territory of that Party within the boundaries of the South Pacific
Nuclear Free Zone. The delineation of any area added pursuant to this
paragraph shall be approved by the South Pacific Forum.

ARTICLE 13

WITHDRAWAL

1. This Treaty is of a permanent nature and shall remain in force
indefinitely, provided that in the event of a violation by any Party of a
provision of this Treaty essential to the achievement of the objectives
of the Treaty or of the spirit of the Treaty, every other Party shall
have the right to withdraw; from the Treaty.

2. Withdrawal shall be effected by giving notice twelve months in
advance to the Director who shall circulate such notice to all other
Parties.

ARTICLE 14

RESERVATIONS

This Treaty shall not be subject to reservations.

ARTICLE 15

ENTRY INTO FORCE

1. This Treaty shall enter into force on the date of deposit of the
eighth instrument of ratification.

2. For a signatory which ratifies this Treaty after the date of
deposit of the eighth instrument of ratification, the Treaty shall enter
into force on the date of deposit of its instrument of ratification.

ARTICLE 16

DEPOSITARY FUNCTIONS

The depositary shall register this treaty and its Protocols pursuant
to Article 102 of the Charter of the United Nations and shall transmit
certified copies of the Treaty and its Protocols to all Members of the
South Pacific Forum and all States eligible to become Party to the
Protocols to the Treaty and shall notify them of signatures and
ratifications of the Treaty and its Protocols.

IN WITNESS WHEREOF the undersigned, being duly authorised by their
Governments, have signed thus Treaty.

DONE at , this day of , One thousand nine hundred and
eighty-[five], in a single original in the English language.


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