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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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The Singular Legacies of Nuclear Opacity

The Singular Legacies of Nuclear Opacity

The Difficult Road toward the Universalization of the NPT Regime

(p.247) Eight The Singular Legacies of Nuclear Opacity

Grégoire Mallard

University of Chicago Press

Chapter 8 analyzes the evolution of opaque rules in other nuclear trade regimes that overlapped with (and contradicted) the legal obligations that key states (like the U.S.) contracted when they signed the NPT. By exploring how the U.S. and Western European governments managed the opacity of their nuclear relations with Israel, India and Pakistan – the three countries that have never signed or adhered to the rules of NPT regime –, this chapter shows that harmonization is not the only possible outcome of the interactions between country-specific regimes and the global nonproliferation regime. In each of these three cases, the articulation between the global regime, and the opaque legal rules that the West followed when it dealt with them, differs. Indeed, the outcome produced either some unacknowledged (Israel) or acknowledged (India) exemption in the nuclear nonproliferation regime; or, more dangerously, some subversion (Pakistan) of the global regime. By describing the mechanisms that produced these different outcomes, this chapter draws some lessons from the harmonization between Europe’s regional and global rules to address the question of the universalization of the NPT. In particular, it shows how such harmonization has a bearing on how Israel, India and Pakistan could be included in the global nonproliferation regime.

Keywords:   opacity, unacknowledged exemption, acknowledged exemption, subversion, harmonization, NPT, India, Pakistan, Israel

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