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York College YCMUN  4/5/2014


DISEC Background Guide:

YORK COLLEGE OF PENNSYLVANIA

MODEL UNITED NATIONS CONFERENCE

 

 

GENERAL ASSEMBLY FIRST COMMITTEE: DISARMAMENT AND INTERNATIONAL SECURITY COMMITTEE

 

United Nations

Disarmament and International Security Committee (First Committee)

 

Background

The Disarmament and International Security Committee (DISEC), also called the "First Committee", addresses agenda items relating to issues of weapon disarmament, challenges and threats to international peace, weapons of mass destruction, and international security matters. In 1952, the General Assembly, by its resolution 502 (VI) of January 1952, created the United Nations Disarmament Commission (UNDC) under the Security Council with a general mandate on disarmament questions. In 1998, by its decision 54/492, the General Assembly decided that the UNDC's agenda, as of 2000, would normally comprise two substantive items per year from the whole range of disarmament issues, including one on nuclear disarmament.

DISEC considers all disarmament and international security matters within the scope of the United Nations Charter and related powers, the general principles of cooperation in the maintenance of international peace and security, and measures aimed at strengthening stability through lower levels of armaments. The First Committee makes recommendations on the regulation of these weapons as they relate to international peace and security. The First Committee does not address legal issues surrounding weapon possession or control complex peace and security issues addressed by the Security Council. DISEC works in close cooperation with the United Nations Disarmament Commission and the Geneva-based Conference on Disarmament.

​    The delegates to the Disarmament and International Security Council of MUNTR 2014, will be required to lead their debates with the ultimate aim of contributing to the maintenance of international peace and security through addressing two specific and rather innovate approaches to disarmament and the related international security matters; (1) Security of Nuclear Waste Materials, and (2) Preventing Weaponization of Outer Space.

 (1)     Security of Nuclear Waste Materials

Convention on the Physical Protection of Nuclear Material (CPPNM) & Other Treaties

The care and control of nuclear materials is governed through several international and regional treaties and agreements. The first international treaty to regulate nuclear proliferation Treaty of Tlatelolco (1967) for establishment of a Nuclear-Weapon-Free-Zone (NWFZ) in Latin America. One year later, the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) became the first non-regional international nuclear proliferation treaty. The Treaty of Bangkok (1995) established the Comprehensive Test Ban Treaty (CTBT) which strictly limits and controls the testing of nuclear weapons. The Treaty of Pelindaba (1994), which established an African NWFZ, was the first treaty to include specific provisions for methods of dismantling nuclear weapons and facilities, specific regulations and guidelines for handling nuclear waste, and provided African nations with the legal right to refuse to allow nuclear material to be dumped on or transportation through their lands. The Basel Convention (1989) sought to control transporting hazardous materials over international borders. Several other regional treaties, agreements, conventions, and commissions have developed over time for the purpose of limiting nuclear proliferation.

Primary among these is the Convention on the Physical Protection of Nuclear Material (CPPNM). Signed at Vienna and at New York on 3 March 1980, the Convention is the only international legally binding undertaking in the area of physical protection of nuclear material. It establishes measures related to the prevention, detection and punishment of offenses relating to nuclear material. A Diplomatic Conference in July 2005 was convened with the purpose of strengthening the CPPNM provisions to makes it legally binding for States Parties to protect nuclear facilities and material in peaceful domestic use, storage, and transport and to expand cooperation between and among States regarding rapid measures to locate and recover stolen or smuggled nuclear material, mitigate any radiological consequences of sabotage, and prevent and combat related offenses. The issue of amending the CPPNM has stalled since 2005; the amendments will take effect once they have been ratified by two-thirds of the States Parties of the Convention.

Treaty on the Non-Proliferation of Nuclear Weapons (NPT)

Secondary governance is with the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), a landmark international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperation in the peaceful uses of nuclear energy and to further the goal of achieving nuclear disarmament and general and complete disarmament. Opened for signature in 1968, the Treaty entered into force in 1970. On 11 May 1995, the Treaty was extended indefinitely. Its membership includes 190 States Parties, including the five nuclear-weapon States, making it the largest of any arms control treaty in the world. The Treaty represents the only binding commitment in a multilateral treaty to the goal of disarmament by the nuclear-weapon States.

 

The Treaty is underpinned by three “pillars”—nuclear nonproliferation, disarmament, and the peaceful use of nuclear energy—and is regarded as the legal and political cornerstone of the nuclear nonproliferation regime. The NPT is often seen to be based on a central bargain that non-nuclear-weapon states agree never to acquire nuclear weapons and the NPT nuclear-weapon states in exchange agree to share the benefits of peaceful nuclear technology and to pursue nuclear disarmament aimed to eliminate their nuclear arsenals. The Treaty establishes a safeguards system under the responsibility of the International Atomic Energy Agency (IAEA). Safeguards are used to verify compliance with the Treaty through inspections conducted by the IAEA. The Treaty promotes cooperation in the field of peaceful nuclear technology and equal access to this technology for all States parties, while safeguards prevent the diversion of fissile material for weapons use.

The International Atomic Energy Agency (IAEA)

The International Atomic Energy Agency (IAEA) is an international organization that seeks to promote the peaceful use of nuclear energy, and to inhibit its use for any military purpose, including nuclear weapons. The IAEA was established as an autonomous organization on 29 July 1957.  Though established independently from the United Nations, the IAEA reports to both the United Nations General Assembly and the Security Council, using its authority to encourage the development of the peaceful applications of nuclear technology, to provide international safeguards against misuse of nuclear technology and nuclear materials, and to promote nuclear safety (including radiation protection) and nuclear security standards, as well as their implementation. The IAEA are the first response to any event involving use, abuse, or release of nuclear materials and are the agency responsible for responding to nuclear disasters such as Chernobyl (1986) and Fukushima (2011). The IAEA came under criticism after the 2011 Fukushima accident, with independent nuclear experts claiming that the nuclear industry lacks sufficient oversight, particularly after allegations of improper disposal of nuclear waste at Fukushima which was "overlooked" by IAEA inspectors. The problems at Fukushima have brought to public light the problems with regulation of disposal of nuclear materials.

Nuclear Waste Materials

Laws regarding the regulation of material fall under the control of the Convention on the Physical Protection of Nuclear Material (CPPNM) which notes that "the difference between storage and disposal is that the first implies an intention to retrieve the radioactive waste and the second implies an intention not to retrieve it. The licensed owner of the waste has, by law, an obligation to dispose of it; this applies to low level waste (e.g. from hospitals) as well as to waste from power reactors. The law cannot specify the maximum duration of storage, but it should ensure that an extended storage does not become de facto disposal." Members of the international scientific community have renewed calls to redefine the mandate of the IAEA so that it can better police nuclear power plants worldwide and ensure that long-term "storage" does not become "disposal" in violation of CPPNM. At present the IAEA recommends safety standards, but member states are not required to comply; it promotes nuclear energy, but it also monitors nuclear use; it is the sole global organization overseeing the nuclear energy industry, yet it is also weighed down by checking compliance with the Nuclear Non-Proliferation Treaty (NPT) as well as enforcing the laws established under the CPPNM.

One heavily used method of nuclear waste disposal is to drill depositories deep underground and place storage containers off nuclear waste within the earth; however, there is a risk of containers leaking and poisoning the area. Materials could be stored above ground in specially designed and monitored storage containers; this method is not presently in significant use. Some groups have expressed concern with security of above and below ground storage facilities, fearing these could be the targets of terrorism attacks or theft of hazardous material. There has been some argument on the utility of disposing of nuclear waste in the deep ocean by burying the material beneath a stable abyssal plain, in a subduction zone (that would slowly carry the waste downward into the Earth's mantle), or burial beneath a remote natural or human-made island. Studies have indicated that marine burial may be a viable solution to the nuclear waste problem; however, this would be a violation of the Law of the Sea Convention which defines the rights and responsibilities of nations in their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources.

Other methods of disposal have been considered, with some moving on to research and others being dismissed.   The proposed "mix and reuse" methods have been met with generally negative responses from the scientific community as impractical, and/or dangerous. Equally quickly dismissed was the idea of ejection of material into space, which was ruled extremely dangerous due to the risk of reentry of ejected nuclear waste materials back into Earth's atmosphere.  The most popular alternative to land disposal and storage is subductive waste disposal method which insert nuclear waste in a subduction zone accessed from land, and therefore is not prohibited by international agreement. There have been proposals for reactors that consume nuclear waste and transmute it to other, less-harmful nuclear waste. This has resulted in a practical nuclear research reactor called Myrrha in which transmutation is possible. Additionally, a new research program called ACTINET has been started in the EU to make transmutation possible on a large, industrial scale. At present this method is extremely expensive and impractical; research has not progressed into an effective and reliable reactor disposal method as of this date.

Improper Disposal of Nuclear Waste

Security of disposal and storage facilities and proper disposal of nuclear materials is of primary concern. Scavenging of abandoned radioactive material has been the cause of several other cases of radiation exposure, mostly in developing nations, where an irresponsible radioactive material owner fails to properly dispose of dangerous materials. The scavengers and those who buy the material, usually radioactive metal, are almost always unaware that the material is radioactive and it is selected for its aesthetics or scrap value. For an example of an accident involving radioactive scrap originating from a hospital see the Goiânia accident. After the Fukushima disaster, the Japanese government admitted that nuclear substances were found in the waste of the facility. Japan did start discussions with the IAEA about the large quantities of enriched uranium and plutonium that were discovered in nuclear waste cleared away by Japanese nuclear operators. There is no present information on whether or not Japan was sanctioned for illegal and improper disposal of nuclear materials.

Several incidents have occurred when radioactive material was disposed of improperly, shielding during transport was defective, or when it was simply abandoned or even stolen from a waste store. In the Soviet Union, waste stored in Lake Karachay was blown over the area during a dust storm after the lake had partly dried out. At Maxey Flat, Kentucky, a low-level radioactive waste facility, containment trenches covered with dirt, instead of steel or cement, collapsed under heavy rainfall and filled with water which became radioactive and had to be disposed of at the Maxey Flat facility. Authorities in Italy claim that nuclear waste disposal company Enea paid the 'Ndrangheta mafia clan to get rid of 600 drums of toxic and radioactive waste from Italy, Switzerland, France, Germany, and the US in Somalia by buying off local politicians and burying the waste in shallow disposal pockets in the 1980s and 1990s and blowing up shiploads of waste, including radioactive hospital waste, and sending them to the sea bed off the Calabrian coast.  According to the environmental group Legambiente, former members of the 'Ndrangheta have said that they were paid to sink ships with radioactive material for the last 20 years. In other cases of radioactive waste accidents, lakes or ponds with radioactive waste accidentally overflowed into the rivers during exceptional storms.

Questions to Consider:

Should the mandate of the IAEA be changed to give the agency more enforcement power?

Should the IAEA be split into two branches, one for enforcement of NPT and one for enforcement of CPPNM?

What solutions would your country recommend for the problem of nuclear waste security, storage, and disposal?

Sources:

www.nti.org

www.treaties.un.org

www.un.org

www-pub.iaea.org/MTCD/publications/PDF/Pub1160_web.pdf

www.iaea.org

www.icrc.org

www.nirs.org

www.fas.org

www.world-nuclear.org

(2)     Preventing Weaponization of Outer Space

Treaties and Legal Declarations

There are several treaties and legal declarations which establish the international standard rules and regulations pertaining to use of outer space.   Treaties and  declarations pertain to rules and standards for cooperation and proper use of outer space generally relating to safety in day to day usage. The Rescue Agreement (1968) governs rules of cooperation in the rescue and recovery of astronauts and objects launched into space. The Liability Convention (1972) states rules of responsibility in the event that an object launched into space by a State  reenters Earth and causes damage to property of another State. The Registration Convention (1975) sets rules and requirements for proper identification of objects which are launched into outer space by a state. There are several treaties and conventions establishing the rules for launching and maintaining telecommunications and broadcasting satellites and the purposes for which they can be used. These treaties and declarations provide a historical background of international cooperation and agreement regarding use of outer space.

The primary purpose of these treaties and declarations is to set rules, guidelines, and limitations on any State’s ability to use or declare ownership of portions of the moon or outer space and governs how outer space can be used, including restrictions on remote spying and weaponization of outer space. General Assembly Resolution XVIII (1962) established the first Declaration of rules for outer space use and exploration, declaring that any such activities “shall be carried out for the benefit and in the interests of all mankind.”  The Nuclear Testing Ban (1963) bans the testing of nuclear weapons in the atmosphere, outer space, and under water. The Outer Space Treaty (1967) set the first specific rules on how outer space should be used and explored and the Moon Agreement (1979) set rules for how States can use Earth’s moon and restricts the “claiming” of portions of the moon or planets for settlement or development by a State. General Assembly Resolution 41/65 (1986) establishes rules for “remote sensing” of Earth from outer space and sets requirements for information sharing. General Assembly Resolution 47/68 (1992) governs the establishment of nuclear power sources in outer space.  General Assembly Resolution 51/122 (1996) declares guidelines for cooperation in exploration of outer space, specifically declaring the importance that exploration is done for the benefit of all States.  The primary concerns for the weaponization of space center around these treaties and resolutions.

The question facing the Committee is how to prevent weaponization of space. At stated in General Assembly Resolution 55/32, “prevention of an arms race in outer space would avert grave danger for international peace and security.” A report issued in June 2003 by the Committee of the Peaceful Uses of Outer Space (A/58/20) noted “Some delegations expressed the view that a greater risk of the introduction of weapons into outer space and the adoption of a concept of a use of force in outer space would undermine the basis for and the very logic of developing nonproliferation mechanisms and of the whole system of international security.”  October 2006 saw a near-unanimous vote at the General Assembly when 166 nations voted for a resolution to prevent an arms race in outer space, with Isreal abstaining from vote and the United States voting against the resolution.

At present, the primary opponent  of resolutions prohibiting militarization of outer space is the United States, who has declared the right of weaponization in space in order to protect their national interests and security (NY Times 2005). In response China and Russia have voiced concern over the necessity to develop space technology in order to protect their own interests, now collaborating to protect their joint national interests (BBC, 2007; Deccan Herald, 2014). The most recent reports indicate that Russia will be testing a new “military spacecraft” in March of 2014 (Russia & India Report, 2014). These activities and declarations by the United States, China, and Russia are in violation of  General Assembly Resolution XVIII (1962), the Outer Space Treaty (1967), and General Assembly Resolution 51/122 (1996). Some military analysts argue that, despite international laws and treaties, the weaponization of space is inevitable.

Questions to Consider:

What authority, if any, does the UN and the First Committee have to prevent the weaponization of space?

Should sanctions be imposed against the States that are presently accused of violating international treaty and law with regard to non-weaponization?

Should the UN establish a policing authority with the power to monitor space technology development; and if so, what power should be granted to such an authority?

Sources:

www.fas.org

www.unoosa.org

http://news.bbc.co.uk/2/hi/asia-pacific/6278867.stm

http://www.nytimes.com/2005/05/18/business/18space.html?pagewanted=all&_r=0

http://www.deccanherald.com/content/142355/russia-reiterates-danger-outer-space.html

http://indrus.in/economics/2014/01/03/first_russian_military_spacecraft_to_be_launched_in_march_31841.html

http://www.oosa.unvienna.org/oosa/en/SpaceLaw/treatystatus/index.html

http://www.iislweb.org/

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Last Updated 3/19/2014

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