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International conventions in the field of non-distribution of the nuclear weapon

International conventions in the field of non-distribution of the nuclear weapon - раздел Лингвистика, Правовые аспекты создания зон свободных от ядерного оружия (english) International Conventions In The Field Of Non-Distribution Of The Nuclear Wea...

International conventions in the field of non-distribution of the nuclear weapon. The international Convention on nuclear safety being the first legal document, directly concerning question of a safety of atomic power stations, was open for signing in Vienna on September 20, 1994. On the end of a 1994 she it was signed by with 54 states.

The convention will come into force after reception by a depositary - them him, it is МАГАТЭ - ратификационных of the letters from 22 states, from which 17 states should have, at least, on one acting atomic power station. The convention concerns ground civil atomic power stations and imposes on the state-participants, in particular personally, obligation to create and to observe the appropriate laws and rules in the field of a safety.

Equal on the importance the rule situation is also that concerning the nuclear objects of the state should apply main principles of safety and to take up the obligations to participate in regular analytical survey meetings, and also to represent the reports on fulfilment of the taken up obligations. Alongside with the agreements on the warranties МАГАТЭ and other regional agencies, and also International convention on nuclear safety, there is one very important tool specially created for prevention of illegal switching of a nuclear material.

The convention on physical protection of a nuclear material imposes on the state-participants of the obligation to accept proper measures for maintenance that, that during international carriage the nuclear material would be protected at the appropriate level.

The state-participants also incur the obligations to not export and to not import a nuclear material, if not the warranty that is received, that such material properly will be protected at all stages of carriage. In case of occurrence during carriage of a nuclear material of a unregular situation the state-participants of the Convention are obliged to inform one another about происшедшем to promote returning of such material. The convention calls to accept the appropriate steps, so that the actions directed on failure of similar carriages on the national legislation, would become a punishable offence.

By a depositary of the Convention, which was signed on March 3, 1980 and has come into force in a 1987, is the General director МАГАТЭ. The rules situation ДНЯО item 2 of article III oblige the state-participants to not grantive the equipment for preparation, use or production of a splitted material, if the country - recepient has not accepted the warranty МАГАТЭ. A question thereby was lifted on to what technologies the restrictions should be distributed according to definition determination in the given article of the equipment or materials specially developed or prepared for processing, use or production of special splitted materials. In a 1971 the group of the states - participants ДНЯО created Committee Цангера, which has made attempt to come to the consent on a question on uniform interpretation of the terms the equipment and materials specially developed or prepared for processing, use or production of special splitted materials. The committee Цангера treated article III 2 as requiring demanding from countries - exporters to supply ensure, that the importer established the warranties of safety for the certain materials have the attitude relation to production of a nuclear energy or to research laboratories.

The committee carries out information interchange between the members about the appropriate export licenses, which were given, and about those, in which issue was отказано.

The committee informs МАГАТЭ on the activity.

Group of the suppliers of nuclear materials London club. In a 1975 one more attempt for protection of nuclear materials against possible probable use not in the peace purposes was undertaken. Informal group of the states - suppliers of nuclear materials, which meetings passed with 1975 for a 1977 in London and which has become known as later Group of the suppliers of nuclear materials, has produced the list of export materials, equipment and technologies, which delivery required demanded of the recepients of creation of due protection and obligations to not use them differently, as in the peace purposes. Known as London rules for the bargains with nuclear materials, this agreed list and the conditions of application of the given rules were accepted in a 1977 and are reconsidered in a 1993. Finishing meeting in Poland in April, 1992, the Group of the suppliers of nuclear materials has approved of the additional measures which have expanded a spectrum of the existing rules.

The group formally has made the list of the equipment, materials and appropriate technologies of double use - named subsequently by Warsaw rules, which transfer its her members should limit under the national export legislation.

They also have agreed to export such goods only to the states being the participants ДНЯО or which have agreed with the universal rules safety МАГАТЭ. Besides the advisory forum for consideration of the requests on reception of the export licenses was formed educated . 1 Role МАГАТЭ in questions of non-distribution The nuclear weapon.

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 , based in a 1957 as organizational centre of the Program Эйзенхауэра Atom for the world. МАГАТЭ is now most значимой in the world intergovernmental nuclear organization numbering 122 state-participants.

The charter of agency was accepted on October 26, 1956 at an international conference in New York and has come into force after ratification it him by 18 state-participants on July 29, 1957. The charter МАГАТЭ - the international agreement of the sovereign states made irrespective of their membership in ООН and other обязательств.

At the same Time on agreement МАГАТЭ and ООН from November 14, 1957 AGENCY has taken a rule situation, in many respects similar to a rule situation of the specialized establishments ООН. According to the Charter the purposes МАГАТЭ are to aspire to achievement of faster and wide use of an atomic energy for maintenance of the world to promote peace use of a nuclear energy to help to protect from switching civil nuclear materials in area of military application to promote and to develop that the nuclear power for maintenance of the world, health and well-being can give. In the performance of the mandate МАГАТЭ has developed the warranties so that the material would not be switched from use in the peace purposes to creation of the nuclear weapon or nuclear explosive systems devices. All warranties МАГАТЭ require demand of the appropriate state of submission in МАГАТЭ for the analysis The design documentation concerning his its nuclear objects, as already being available, and planned The correct and complete information concerning a nuclear material, falling under the warranty The special reports for want of occurrence of unusual events or unregular situations provided by the agreement on the warranties.

Extremely important the rule situation is that the states which have concluded the universal agreement on the warranties, should create national organization adequate answering for the account record-keeping of nuclear materials and the control for their use. On the chiefs of objects it imposes the responsibility through the appropriate bodies of the state to represent the reports according to requests МАГАТЭ. It furthermore in addition to promoted development of the national legislation in a part concerning a nuclear material and his its account record-keeping. One more moment peculiar to all system of the warranties МАГАТЭ, is the request of granting to the official representatives representative of Agency of access on objects for realization of inspections.

The political purposes of the warranties on ДНЯО consist in supplying ensuring to world global community reliance that the state-participant of the Agreement observes the obligations, taken per, on peace use of a nuclear energy and недопущению by means of threat of early detection of switching from the peace purposes or use not as required of nuclear material or objects.

The technical purposes of the warranties МАГАТЭ in connection with ДНЯО is the maintenance of ability of Agency in time to find out switching by the state of a nuclear material from the peace purposes, and also maintenance that, that all nuclear material falling under the warranties in the particular specific state, would be stated МАГАТЭ. The warranties are one of the forms international транспарентности of nuclear activity and serve to a deepening of trust, that is reached achieved by means of checks.

The initial system of the warranties developed МАГАТЭ, was stated in the document, which was twice supplemented also which is known as INFCIRC 66 Rev.2. As was decided solved for want of to development, the document should adjust activity of separate factories, that could make only one of parts of production of materials, suitable to use for creation of the nuclear weapon.

As against him it, the developed agreement on the warranties in connection with ДНЯО is genuinely universal and covers all топливно-nuclear cycle of the states which are not having the nuclear weapon, concerning which it acts. Known as the document МАГАТЭ INFCIRC 153, it grows out of joint efforts 45 states participating in preparation of the Agreement on the warranties. 199 agreements on the warranties МАГАТЭ with 118 states covering 800 objects as of today act in general.

Among them 102 agreements on the universal warranties in connection with ДНЯО. Thus, МАГАТЭ plays the important role in realization in life of a mode 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.

Besides МАГАТЭ, in Western Europe the similar authorities under the control in the field of safety were received by with European community on an atomic energy ЕВРАТОМ according to chapter of VII Roman agreements from March 25, 1957 which has entered by virtue of with January 1, 1958. МАГАТЭ with ЕВРАТОМ agreements 5 of April, 1973 on delimitation of authorities for want of realization of the warranties on territory of non-nuclear countries which are included in European community have reached achieved. For want of it МАГАТЭ receives from ЕВРАТОМ of the item of information on movement traffic of nuclear materials in these countries, does makes conclusions of this information and saves the right to carry out own supervision and counts in sphere of nuclear activity in the EC. April 28, 1992 between МАГАТЭ and EC the new approach to application of the warranties was agreed which has strengthened a role ЕВРАТОМа and has lowered the control МАГАТЭ. Since February 1 1958 till October 14, 1976 of authority under the control in the field of safety had European agency on a nuclear energy created within the framework of Organization of European economic complementation.

Since a 1972 it is referred to as Agency on a nuclear energy of Organization of economic complementation and development АЯЭОЭСР . The authorities under article 6 of the Status АЯЭОЭСР were suspended with the purpose to avoid duplication of the warranties МАГАТЭ and ЕВРАТОМа. ВСМ - international movement traffic for the world, which unites the widest layers of the population of globe.

ВСМ was created on II World congress of the supporters of the world in a 1950. ВСМ the prevention of new world global war, for strenghtening of friendship and cooperation between the peoples acts by the initiator and organizer of military mass measures in protection of the world, against race of nuclear arms, for general and complete disarmament, directs and coordinates the activity with activity of other peaceful international organizations.

Especially it is necessary to emphasize active activity ВСМ in business of creation of zones of the world, i.e. zones free from nuclear and other weapon.

The international conference for disarmament and world - main activity of a conference is co-ordination of activity of national organizations and movements traffic acting in protection of the world and for disarmament, creation безъядерных and демилитаризованных of zones, for the peace decision of all international disputes.

So, considering activity of international organizations, it becomes clear, that the concern in connection with distribution in the world of nuclear and other weapon of a mass defeat is very great.

In the world form ever more and more organizations, which purpose is the preservation of the international world and safety, termination discontinuance of race of arms, expansion of cooperation and mutual understanding in the world.

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. The presidents центральноазиатских of republics - Ислам Каримов, Нурсултан Назарбаев, Аскар Акаев, Сапармурад Ниязов and Имомали Рахмонов - at the meeting in Tashkent from January 11, 1993 have created a basis for the new regional commonwealth which has received the name CENTRAL Asia. Thus, on political cards of the world and Asia, in the political and encyclopaedic dictionaries, political, economic and scientific literature, mass media there was a new term commonwealth, region of Central Asia in structure of five sovereign independent states - Uzbekistan, Kazakhstan, Kyrgyzstan, Tadjikistan, Туркменистана.

They are connected by with general common хозяйственно-economic and cooperative communications connections, historical processes, borders, customs, tradition, culture, language, religion, complex difficult ecological problems.

The commonwealth of the states of Central Asia should promote the decision of such main interconnected and general common regional questions and problems, as fast and painless overcoming of economic barriers, adjustment of mutually advantageous integration, raising on qualitative a new level of traditional friendly communications connections and mutually advantageous cooperation, improvement of ecological conditions in areas of the Aral and Caspian seas, strenghtening of the regional world and safety, non-distribution of the nuclear weapon.

The safety, stability and geopolitical balance in region makes the main contents of external policy politics of Uzbekistan since the first days of independence. This one of major conditions of dynamical and stable development of country.

Continu. in region by decades the armed conflicts kept the centers этнической of intensity do make this problem especially urgent. Uzbekistan entirely supports a principle of indivisibility and взаимосвязанности of safety - internal, regional, global. By one of first among the new independent states our country has joined the Agreement for non-distribution of the nuclear weapon. And in September, 1993 from a tribune of 48-th session of General Assembly ООН the President Ислам Каримов for the first time has acted with the initiative about creation in Central Asia of a zone, free from the nuclear weapon. The initiative of the President of Uzbekistan has received positive valuations of international community.

And February 28, 1997 of the chapter to five центральноазиатских of the states at a meeting in Алматы, by signing Алматинскую the declaration, unanimously have supported idea of creation of a zone, free from the nuclear weapon. From this moment the offer of Uzbekistan carries character of the regional initiative expressing collective will of five states, all living here peoples.

Analyzing all legal preconditions of formation training of a zone, free from the nuclear weapon in Central Asia, it is necessary to note, that all states of this zone are the active members ООН, Which charter has fixed a principle of disarmament as the conventional norm of the international law requiring demanding strictly and steadily to observe the acting norms about disarmament and to achieve creation of new norms, conclusion of the new agreements directed on disarmament. The major precondition of formation training of a zone, free from the nuclear weapon in Central Asia, is the sharing participation of the states of this region in the Agreement for non-distribution of the nuclear weapon from a 1968. All these states ratified ДНЯО and by that have taken up the obligations to not make or other image to not acquire the nuclear weapon, that is the major basis facilitating efforts on realization of idea безъядерной of Central Asia. Also positive factor for want of creation of a zone, free from the nuclear weapon in Central Asia, is that the states of a prospective zone have signed the Final Sertificate act ОБСЕ, in which the main principles of the international law, such as a principle of peace coexistence of the states, principle of disarmament etc. are fixed The president РУ И.А. Каримов acting on 48-th session of General Assembly ООН has noted, that Uzbekistan, making a basis of Central Asia, is firm and is consecutive acts for a safety and stability in all regions, and first of all in Central Asia, as a feature of this region and his its geopolitical rule situation are those, that for want of negative development of events it he can become one of large детонаторов of instability all over the world.

It is enough to tell, that the person relating to various этническим and religious groups lives about 60 millions at Central Asia, that here are saved nuclear and usual arms of large destructive force.

It is quite natural, that the collisions in this region are capable to cause accidents of unpredictable scales. It would be wrong to doubt that the peaceful disposition is a priority of external policy politics of Uzbekistan.

On international arena the representatives representative of our republic act for strenghtening of the world and safety, for the sanction disputable, territorial, этнических, armed and other conflicts by a peace way. The words И. А. Каримова extraordinary precisely define determine an item of a Republic of Uzbekistan concerning the nuclear weapon On territory of Uzbekistan never was and there is no ракетно-nuclear weapon, therefore republic is going and henceforth to remain безъядерной a zone. Our state will not enter agressive blocks and unions. At the same time safety of Republic will be provided and as a result creations of special zones and conclusions of the appropriate collective agreements. On 48 sessions of General Assembly ООН the President И. А. Каримов has put forward a number of the initiatives directed on maintenance of the world and safety as in Central Asia, and all over the world.

So, Uzbekistan would welcome convocation in Tashkent of a constantly acting seminar ООН on safety, stability and cooperation in Central Asia, on which the interested parties within the framework of policy politics of general common safety in the world and according to ст.52 of the Charter ООН could discuss opportunities of creation of reliable system of safety in our region, in particular personally, acceptance of the collective sanctions of diplomatic, financial, ecological and other character against those, who wishes to infringe the world and integrity of borders, and to produce the recommendations for ООН on an establishment of stability and strong world in Central Asia. The attitude relation РУ to the nuclear weapon also is reflected and in the military doctrine РУ. In particular personally, in item 1 of this doctrine it is marked, that Uzbekistan adheres безъядерных of principles to not place to not make and to not acquire the nuclear weapon, the connection РУ to the Convention on prohibition of the chemical weapon and negotiations on a problem of prohibition of the bacteriological weapon, consecutive reduction before complete liquidation of military bases on territories of other states and accommodation войск acts for general prohibition of tests and in the end for complete liquidation of the nuclear weapon, for universal liquidation chemical, bacteriological and other kinds of the weapon of a mass defeat, within the limits of national borders. On my sight the item of Kazakhstan on non-distribution of the nuclear weapon is dominant in Central Asia, which is major Precondition for want of creation безъядерной of a zone, as this unique state in region, which possesses the nuclear weapon.

Kazakhstan by one of the first states in a CIS has joined to ДНЯО, but with the certain clauses, as the rules situation of the agreement do not cover to the full unique situation which has been usual after disintegration of the nuclear state - USSR. The feature consists that after disintegration great державы and declaration of intention to become безъядерным the state, Kazakhstan has encountered absence of definition determination of the status nuclear or безъядерного according to a rule situation ДНЯО. Kazakhstan actually has become the receiver of the nuclear weapon, дислоцированного on his its territory.

The country is the proprietor of this weapon, but that the control behind it to it her never belonged, she it cannot be considered as the nuclear state in the pure state.

This contradiction was removed by the accepted Supreme Body of Kazakhstan by the Law About connection to ДНЯО . The law was accepted on the basis of the application of the supreme Body of Kazakhstan About безъядерном the status of Kazakhstan , Decree of the supreme Body of Kazakhstan About additional measures concerning maintenance of purchase by Kazakhstan безъядерного of the status , Decree ВС of Kazakhstan About ratification of the agreement between USSR both USA about reduction and restriction strategic наступательных of arms, signed in Moscow in a 1991. Thus Kazakhstan has joined to ДНЯО as non-nuclear country.

The connection of Kazakhstan to ДНЯО confirms his its reputation as reliable international partner.

This step testifies to loyalty of the state to business of nuclear disarmament, strenghtening of global safety and stability.

These actions should help to development широкомасштабного of cooperation of Kazakhstan to all countries of the world and appropriate international organizations in the field of peace use of an atomic energy and space space.

The peaceful external policy politics of Kazakhstan is confirmed also by that the president Назарбаев, acting on 47-th session of General Assembly ООН has put forward the initiative about creation of a zone, free from the nuclear weapon in Central Asia, once again involving attracting attention of world global community to a problem of the prospective zone, connected to creation.

The main principle безъядерной of a zone is its her complete nuclear демилитаризация.

In this connection it is necessary to note, that on territory of Kazakhstan on May 26, 1995 the last nuclear charge was destroyed.

And according to the official application Н. Назарбаева - it there was a last nuclear explosion on territory of Kazakhstan . 1 Way of realization безъядерного of the status Central Asia. With the purposes of development manufacture of the mechanism of creation безъядерной of a zone in Центральноазиатском region in Tashkent in September, 1997 the conference on the subject of Central Asia - zone, free from the nuclear weapon has passed. During work of this conference the aspects of transformation of Central Asia in безъядерную a zone as the important step in creation of reliable system of international and regional safety were discussed.

On ceremony of opening of a conference the president of our country И. Каримов in the performance statement especially has emphasized, that the idea of transformation of Central Asia in a zone, free from the nuclear weapon, completely coincides with measures, realized on maintenance regional безопасности.

The reports, heard at this conferences, stated of opinion and the offer have the important significance for the further development of international cooperation in prevention of distribution of the weapon of a mass defeat.

It is necessary to note, that the representatives representative completely have supported 56 countries and about 16 international organizations participating in work of a conference, idea of transformation of Central Asia in безъядерную a zone. In particular personally, the representatives representative of Kyrgyzstan have introduced the offer on realization in Bishkek of a meeting of group of the international experts on this question including of representatives representative of Nuclear club. This initiative was maintained by the participants of a conference.

At this conference with final speech the Minister of foreign businesses of Uzbekistan А.

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Правовые аспекты создания зон свободных от ядерного оружия (english)

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