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1985: South Pacific Nuclear Free Zone Treaty

Related Lineage is: South Pacific Nuclear Free Zone
  Provision  First Coders Codes  Second Coders Codes 
Titl.1  SOUTH PACIFIC NUCLEAR FREE ZONE TREATY  TITL  TITL 
Src.1  SRC: http://www.forumsec.org.fj/docs/Gen_Docs/spnfzt.htm, 20040817  SRC  SRC 
Pre.1  The Parties to this Treaty  DESC GOAL  DESC GOAL 
Pre.2  United in their commitment to a world at peace;     
Pre.3  Gravely concerned that the continuing nuclear arms race presents the risk of nuclear war which would have devastating consequences for all people;     
Pre.4  Convinced that all countries have an obligation to make every effort to achieve the goal of eliminating nuclear weapons, the terror which they hold for humankind and the threat which they pose to life on earth;     
Pre.5  Believing that regional arms control measures can contribute to global efforts to reverse the nuclear arms race and promote the national security of each country in the region and the common security of all;     
Pre.6  Determined to ensure, so far as lies within their power, that the bounty and beauty of the land and sea in their region shall remain the heritage of their peoples and their descendants in perpetuity to be enjoyed by all in peace;     
Pre.7  Reaffirming the importance of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) in preventing the proliferation of nuclear weapons and in contributing to world security;  RELA  RELA 
Pre.8  Noting, in particular, that Article VII of the NPT recognises the right of any group of States to conclude regional treaties in order to assure the total absence of nuclear weapons in their respective territories;  RELA  RELA 
Pre.9  Noting that the prohibitions of emplantation and emplacement of nuclear weapons on the seabed and the ocean floor and in the subsoil thereof contained in the Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Seabed and the Ocean Floor and in the Subsoil Thereof apply in the South Pacific;  RELA  RELA 
Pre.10  Noting also that the prohibition of testing of nuclear weapons in the atmosphere or under water, including territorial waters or high seas, contained in the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water applies in the South Pacific;  RELA  RELA 
Pre.11  Determined to keep the region free of environmental pollution by radioactive wastes and other radioactive matter;     
Pre.12  Guided by the decision of the Fifteenth South Pacific Forum at Tuvalu that a nuclear free zone should be established in the region at the earliest possible opportunity in accordance with the principles set out in the communique of that meeting;  RELA  RELA 
Pre.13  Have Agreed as follows:     
Art.1  ARTICLE 1  DEFN  DEFN 
Art.1.1x  For the purposes of this Treaty and its Protocols:     
Art.1.1x.a  (a) "South Pacific Nuclear Free Zone"-means the areas described in Annex 1 as illustrated by the map attached to that Annex;     
Art.1.1x.b  (b) "territory" means internal waters, territorial sea and archipelagic waters, the seabed and subsoil beneath, the land territory and the airspace above them;     
Art.1.1x.c  (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;     
Art.1.1x.d  (d) "stationing" means emplantation, emplacement, transportation on land or inland waters, stockpiling, storage, installation and deployment.     
Art.2  ARTICLE 2  SCOP  SCOP 
Art.2.1  1. Except where otherwise specified, this Treaty and its Protocols shall apply to territory within the South Pacific Nuclear Free Zone.     
Art.2.2  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.  SOVR  SOVR 
Art.3  ARTICLE 3  SUBS  SUBS 
Art.3.1x.  Each Party undertakes:     
Art.3.1x.a  (a) not to manufacture or otherwise acquire, possess or have control over any nuclear explosive device by any means anywhere inside or outside the South Pacific Nuclear Free Zone;     
Art.3.1x.b  (b) not to seek or receive any assistance in the manufacture or acquisition of any nuclear explosive device;     
Art.3.1x.c  (c) not to take any action to assist or encourage the manufacture or acquisition of any nuclear explosive device by any State.     
Art.4  ARTICLE 4  SUBS  SUBS 
Art.4.1x  Each Party undertakes:     
Art.4.1x.a  (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:     
Art.4.1x.a.i  (i) any non-nuclear-weapon State unless subject to the safeguards required by Article III.1 of the NPT, or  RELA  RELA 
Art.4.1x.a.ii  (ii) any nuclear-weapon State unless subject to applicable safeguards agreements with the International Atomic Energy Agency (IAEA).  RELA  RELA 
Art.4.1x.a.iii  Any such provision shall be in accordance with strict non-proliferation measures to provide assurance of exclusively peaceful non-explosive use;     
Art.4.1x.b  (b) to support the continued effectiveness of the international non-proliferation system based on the NPT and the IAEA safeguards system.  RELA  RELA 
Art.5  ARTICLE 5  SUBS  SUBS 
Art.5.1  1. Each Party undertakes to prevent in its territory the stationing of any nuclear explosive device.     
Art.5.2  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 lanes passage or transit passage of straits.  SOVR  SOVR 
Art.6  ARTICLE 6  SUBS  SUBS 
Art.6.1x  Each Party undertakes:     
Art.6.1x.a  (a) to prevent in its territory the testing of any nuclear explosive device;     
Art.6.1x.b  (b) not to take any action to assist or encourage the testing of any nuclear explosive device by any State     
Art.7  ARTICLE 7  SUBS  SUBS 
Art.7.1  1. Each Party undertakes:     
Art.7.1.a  (a) not to dump radioactive wastes and other radioactive matter at sea anywhere within the South Pacific Nuclear Free Zone;     
Art.7.1.b  (b) to prevent the dumping of radioactive wastes and other radioactive matter by anyone in its territorial sea;     
Art.7.1.c  (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;     
Art.7.1.d  (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.     
Art.7.2  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.     
Art.8  ARTICLE 8  IMPL  IMPL 
Art.8.1  1. The Parties hereby establish a control system for the purpose of verifying compliance with their obligations under this Treaty.     
Art.8.2  2. The control system shall comprise:     
Art.8.2.a  (a) reports and exchange of information as provided for in Article 9;  INFO  INFO 
Art.8.2.b  (b) consultations as provided for in Article 10 and Annex 4 (1);  ATTACH  ATTACH 
Art.8.2.c  (c) the application to peaceful nuclear activities of safeguards by the IAEA as provided for in Annex 2;  RELA ATTACH  RELA ATTACH 
Art.8.2.d  (d) a complaints procedure as provided for in Annex 4.  ATTACH  ATTACH 
Art.9  ARTICLE 9  SUBS SECS SECF   
Art.9.1  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.  INFO RELA  RELA INFO 
Art.9.2  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.  INFO RELA  INFO RELA 
Art.9.3  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).  RELA ATTACH  RELA INFO ATTACH 
Art.10  ARTICLE 10  SECF  HOBS REVW 
Art.10.1x  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 co-operation on any matter arising in relation to this Treaty or for reviewing its operation.  ATTACH RELA  RELA ATTACH 
Art.11  ARTICLE 11  AMND SBF EIF  AMND EIF HOBF 
Art.11.1x  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.    RELA 
Art.12  ARTICLE 12  MEMB DEPO  MEMB DEPO AMND 
Art.12.1  1. This Treaty shall be open for signature by any Member of the South Pacific Forum.  RELA  RELA 
Art.12.2  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.    RELA 
Art.12.3  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.  ATTACH RELA  RELA ATTACH 
Art.13  ARTICLE 13  RESV EIF  RESV 
Art.13.1  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.     
Art.13.2  2. Withdrawal shall be effected by giving notice twelve months in advance to the Director who shall circulate such notice to all other Parties.  RELA  RELA 
Art.14  ARTICLE 14  RESV  RESV 
Art.14.1x  This Treaty shall not be subject to reservations.     
Art.15  ARTICLE 15  EIF  EIF 
Art.15.1  1. This Treaty shall enter into force on the date of deposit of the eighth Instrument of ratification.     
Art.15.2  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.     
Art.16  ARTICLE 16  DEPO  DEPO 
Art.16.1x  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.  RELA  RELA 
Conc.1  IN WITNESS WHEREOF the undersigned, being duly authorised by their Governments, have signed this Treaty.  CONC TEXT  CONC TEXT 
Conc.2  For the Government of Australia: 6 August 1985     
Conc.3  For the Government of Cook Islands: 6 August 1985     
Conc.4  For the Government of Fiji: 6 August 1985     
Conc.5  For the Government of Kiribati: 6 August 1985     
Conc.6  For the Government of Nauru: 17 July 1986     
Conc.7  For the Government of New Zealand: 6 August 1985     
Conc.8  For the Government of Niue: 6 August 1985     
Conc.9  For the Government of Papua New Guinea: 16 September 1985     
Conc.10  For the Government of Solomon Islands: 29 May 1987     
Conc.11  For the Government of Tonga: 2 August 1996     
Conc.12  For the Government of Tuvalu: 6 August 1985     
Conc.13  For the Government of Vanuatu: 16 September 1995     
Conc.14  For the Government of Western Samoa: 6 August 1985     
Conc.15  DONE at Rarotonga, this Sixth day of August, One thousand nine hundred and eighty five, in a single original in the English language.     
Please cite as:
Data from Ronald B. Mitchell. 2002-2017. International Environmental Agreements Database Project (Version 2014.3).
Available at: http://iea-archive.uoregon.edu/
Date accessed: 22 July 2017