Bob's Links and Rants

Welcome to my rants page! You can contact me by e-mail: Blog roll. Site feed.

Thursday, March 02, 2006

About that nuke deal with India

Bush really had no right to make it.
First, the United States has no authority to grant such an exemption on its own. The NPT is a treaty signed by 187 nations; it is enforced by the International Atomic Energy Agency; and it is, in effect, administered by the five nations that the treaty recognizes as nuclear powers (the United States, Russia, China, Britain, and France). This point is not a legal nicety. If the United States can cut a separate deal with India, what is to prevent China or Russia from doing the same with Pakistan or Iran? If India demands special treatment on the grounds that it's a stable democracy, what is to keep Japan, Brazil, or Germany from picking up on the precedent?

Second, the India deal would violate not just international agreements but also several U.S. laws regulating the export of nuclear materials.

In other words, an American president who sought to make this deal would, or should, detect a myriad of political actors that might protest or block it—mainly the U.N. Security Council, the Nuclear Suppliers' Group, and the U.S. Congress. Not just as a legal principle but also as a practical consideration, these actors must be notified, cajoled, mollified, or otherwise bargained with if the deal has a chance of coming to life.

The amazing thing is, President Bush just went ahead and made the pledge, without so much as the pretense of consultation—as if all these actors, with their prerogatives over treaties and laws (to say nothing of their concerns for very real dilemmas), didn't exist.