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FalloutNuclear Diplomacy in an Age of Global Fracture$
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Grégoire Mallard

Print publication date: 2014

Print ISBN-13: 9780226157894

Published to Chicago Scholarship Online: May 2015

DOI: 10.7208/chicago/9780226157924.001.0001

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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 27 October 2020

The Price of Opacity

The Price of Opacity

How New Leaders Clarify Opaque Treaty Rules

(p.159) Six The Price of Opacity

Grégoire Mallard

University of Chicago Press

Chapter 6 analyzes whether opaque legal rules can survive domestic changes among foreign policy elites in one signatory-state (or more) of a treaty. This chapter demonstrates that there is a price to opacity: namely, by providing a public interpretation of the treaty that differs from its confidential interpretation, the opaque and multi-leveled interpretation of a legal obligation enables one member-state (or more) to ignore its secret interpretation while avoiding sanctions. It takes the case of the opaque Euratom rules and focuses on how changes among government officials and experts in France and the U.S. affected the interpretation of key Euratom rules in the 1960s. It shows that these new strategists had little training or patience for the complexity of the opaque rules drafted by Monnet’s associates, and they were prone to relying only on what was publicly said about these treaty obligations. They thus used the public interpretation of Euratom, which had been presented as a nonproliferation treaty, to exclude any cooperation in dual-use nuclear activities in Western Europe. In so doing, new governmental officials rejected the secret goal of the drafters of the Euratom Treaty who wanted to produce a European nuclear force, without facing any reprisal.

Keywords:   opacity, intergenerational change, Euratom, experts, nuclear strategists, Jean Monnet

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