Tag: environment

  • Freedom or Force on the High Seas? Arms Interdiction and International Law*

    North Korea’s withdrawal from the Nuclear Nonproliferation Regime and announcement of a nuclear weapons program was an unfortunate development, which the international community must work to reverse. Some US officials are, however, advocating for a policy of interdicting [1] North Korean ships – a policy that would do more harm than good to international stability by undermining the International Law of the Sea.

    The International Law of the Sea is one of the most comprehensive and well-established bodies of international regulatory norms in existence. The Law of the Sea regime (LOS) is buttressed by longstanding international norms, and formal legal agreements, critical to creating a more secure international environment. [2]

    The Law of the Sea grants several freedoms, including the right to navigation on the high seas and rights to transit [3] through international straits, exclusive economic zones (EEZ), and the territorial and archipelagic waters of another state. The regime does bar a select number of illegal activities, including piracy, slave trade, illicit traffic in narcotic drugs or psychotropic substances, and unauthorized broadcasting, and grants states the right to intervene in such activities. [4]

    There is nothing in the LOS regime that explicitly prohibits transit of weapons of mass destruction or gives States rights to interdict such transit. On the contrary, a number of States, including the United States, have actively opposed the development of such prohibitive norms or interpretations of international law that would inhibit the transit of weapons of mass destruction by the seas or air, and cite the rights and privileges established in the Law of the Sea to affirm their unhindered military use of the oceans. Nuclear weapon states such as the US, UK and France have continuously worked to ensure that their ability to transit nuclear weapons is not hindered by regional nuclear weapons free zones or UN efforts to create a Nuclear Weapon Free Southern Hemisphere. The US, UK and France, along with Japan, have also asserted their rights to transit nuclear materials – in particular reprocessed plutonium – through the high seas and through the EEZ’s of coastal States. In addition, a number of States, including the United States, France, Israel, China, Russia and Italy, export missile technology transiting through the oceans to do so.

    In contrast to this general assertion of rights to transit nuclear weapons, missile technology [5], fissile materials and other materials related to weapons of mass destruction, the US is currently advocating for the selected interdiction of such materials to and from certain states of concern to the Bush Administration as a means to stem proliferation. Ten countries have now joined what is known as the Proliferation Security Initiative (PSI), which met in Madrid, Spain in early June and in Brisbane, Australia in the beginning of July 2003 [6]. Members of PSI include: Australia, France, Germany, Italy, Japan, the Netherlands, Poland, Portugal, Spain, and the United Kingdom.

    However, there are limitations to the transit that countries can legally inhibit in their territorial waters and EEZs and even stricter limitations on what can be intercepted on the High Seas.
    The legal implications of arms interdictions on the oceans depend greatly on the nature of interdictions and the way the interdictions are undertaken. Some States have agreed to export controls amongst themselves, such as those laid out in the Missile Technology Control Regime. However, the States of concern to the US, such as North Korea, China, Pakistan and Iran, are not members and so are not bound by these controls. It might be legal to interdict shipments on the High Seas that have been deemed by the Security Council or the Law of the Sea Tribunal to violate the Law of the Sea and to constitute a threat to the peace. This option is pursued in a recent strategy issued by the Council of the European Union calling on the EU to support a Security Council Resolution that would arms interdictions “when appropriate.” [7] Also, in territorial waters it might be possible for the coastal State to determine the transit of missiles or WMD to be a threat to its security and thus prohibit such transit deeming it to be non-innocent passage.
    Any interdictions outside those explicitly allowed in the existing International Law of the Sea regime would clearly violate the freedom of navigation on the high seas and the right of innocent passage through territorial waters.

    Australian Foreign Minister Alexander Downer has recognized that there is a “very real difficulty in terms of vessels that might be going through the high seas because international law requires that those ships should not be intercepted,” [8] and that there might therefore “need to be some change to international law to facilitate these types of interdictions, to stop illicit trade.”[9] However, changing the Law of the Sea would be a long process requiring extensive negotiations and would unlikely yield the discriminatory approach desired by the PSI of allowing transit by certain States but not others.

    The likelihood that the US and PSI will thus develop an interdiction strategy outside international law is reinforced by the current trend in US policy towards dismantling norms that prevent the US from exercising its military dominance. The US has moved away from multi-lateral non-proliferation solutions, withdrawn from the Anti-Ballistic Missile treaty, abandoned START II, failed to ratify the Comprehensive Test Ban Treaty, and stalled efforts to improve the Biological Weapons Convention regime. The controversy over the UK and US use of intelligence in Iraq will also bring into question the legitimacy of intelligence information used to justify interdictions regarding the existence of arms and material shipments and their intended destination and/or use.

    Restricting the transit of weapons of mass destruction would be a positive development in furthering arms control and stemming proliferation, if such norms were carefully developed by the international community and applied uniformly. International law cannot, however, maintain its integrity if applied whimsically or discriminately, or if defined by a small “coalition of the willing.” While PSI membership may appear to be an easy way for leaders of certain countries to get back into the good graces of the Bush administration after disagreements over Iraq, if they contribute to the degradation of LOS it will likely come back to haunt them. If leaders of the states participating in the PSI attempt to exchange LOS norms for selective nonproliferation measures, they should realize that such a trade-off could eventually restrict their own country’s access to international waters. If members of the international community begin to allow the erosion of the Law of the Sea to suite the policy goals of the sole existing superpower, they should not expect that such concessions would be easily reversed.
    * This article is a summary of a longer piece pending publication in Science for Democratic Action, the newsletter of the Institute for Energy and Environmental Research.

    **Devon Chaffee is the Research and Advocacy Coordinator of the Nuclear Age Peace Foundation


    1. Interdicting: intercepting ships and ensuring that no proscribed activities are being conducted.
    2. Such formal agreements include the four 1958 Conventions that resulted from the Geneva Conference on the law of the sea, to which the US is a party, and the 1982 UN Convention on the Law of the Sea (UNCLOS), which President Ronald Reagan decided not to sign onto for fear that it could interfere with certain US sovereign prerogatives. The US has however signed the 1994 Agreement relating to the Implementation of Part XI of the U.N. Convention on the Law of the Sea.
    3. Transit through territorial waters is limited to innocent passage. According to the 1958 Convention on the Territorial Sea “Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state.”
    4. In addition to their codification into the law of the sea through the 1958 and the 1982 Conventions, the prohibition of these activities has been codified by a series of multilateral treaties including: 1965 Agreement for the Prevention of Broadcasts Transmitted from Stations outside National Territories; General Act for the Repression of the Slave Trade, 1890;
    5. See UN Register of Conventional Arms, http://disarmament.un.org/UN_REGISTER.nsf and Nuclear and Missile Trade and Developments, The Nonproliferation Review, Center for Nonproliferation Studies,http://cns.miis.edu/pubs/npr/vol05/53/db53.pdf
    6. Chairman’s Statement, Proliferation Security Initiative, Brisbane Meeting, July 9-10, 2003.http://www.dfat.gov.au/globalissues/psi/
    7. Strategy against Proliferation of Weapons of Mass Destruction and its corresponding Action Plan adopted by the Council of the European Union on April 14, 2003.
    8. “N Korea Ships Face more Scrutiny,” BBC, June 11, 2003.
    9. Sonni Efron and Barbara Demick, “11 nations to Discuss Blocking Shipments of Weapons Materials,” Los Angeles Times. June 12, 2003.

  • The Renewable Switch: Environment-Friendly Energy Available Now to South Coast

    Renewable energy has come of age. A recent report on the state of the renewable energy industry concludes: “Dramatic improvements in performance, as well as government incentives, have resulted in reduced costs that are quickly making renewable energy technologies competitive with traditional forms of electricity generation . . .”

    The report adds that the cost of electricity from solar photovoltaics and wind is only one-tenth what it was 20 years ago. (Report, “The Changing Face of Renewable Energy,” available at www.navigantconsulting.com.)

    Large wind projects already produce energy at costs competitive with natural gas-powered electricity plants, and this will only continue to improve as the cost of natural gas increases and as demand for this finite resource increases. It is only a matter of time before solar, biomass and other renewable energy technologies achieve cost parity.

    It is becomingly increasingly apparent that the real obstacles to leaving the unsustainable fossil fuel era are largely political and legal in nature and less and less economic or technical. Accordingly, legal tools are being crafted throughout the country to help usher in the sustainable renewable energy era.

    Communities across America are now choosing to pursue greater energy independence through renewable and more environmentally friendly technologies, and these same choices are now available to the Santa Barbara region.

    California, in the last year alone, has enacted major energy legislation that has brought our state to the forefront in developing renewable energy. This legislation includes SB 1078, which mandates that California obtain 20 percent of its energy needs from renewable sources by 2017; AB 1493, which aims to significantly reduce greenhouse gas emissions from cars and trucks beginning in 2009; and AB 117, the “Community Choice” law. AB 117 allows cities and counties, beginning on July 15, 2003, to combine their residents’ electricity needs to negotiate long-term power contracts directly with energy companies and to administer state-funded conservation and efficiency programs currently administered by investor-owned utilities.

    Community Choice will allow existing investor-owned utilities to maintain all their operations except power procurement negotiation and state-funded conservation and efficiency programs. That is, the incumbent utility will still meter customers, still bill customers, and still earn similar profits to those it currently enjoys.

    For achieving real, on-the-ground, economic and environmental benefits in a fairly short time frame, Community Choice may be the most promising of the new laws for communities like Santa Barbara and the rest of the South Coast.

    Under similar laws passed in Massachusetts, Ohio and California (in a similar, now defunct, program), communities have achieved significant cost savings by negotiating power contracts through renewable energy providers.

    California’s version of Community Choice may allow local governments to save money on their power bills and to obtain state funds to achieve greater conservation and efficiency, leading to additional savings. In addition to taking advantage of economies of scale, combining different types of electricity users (commercial, industrial and residential) will allow local governments to create an attractive “load profile” — the pattern of electricity use throughout the day, which providers like to be as constant as possible — to help negotiate savings.

    Other than the financial benefits Community Choice may bring, local governments will be able to negotiate power contracts with energy suppliers who can provide a significant percentage of renewable power.

    In the past, developing renewable energy generation has been hindered by a “chicken and egg” situation due to the difficulties in penetrating a market controlled by traditional fossil fuel power suppliers. Now, as demand for renewable power grows due to communities opting for it through Community Choice, energy suppliers will be enabled and motivated to bring online new renewable energy projects that are often stalled for lack of reliable contracts to sell such power. There are currently such projects being proposed in Santa Barbara County that may be aided through implementation of Community Choice.

    By promoting the development and use of renewable energy, California’s communities will be doing their part to curb the dangers of global warming, reduce asthma and other air-related health problems in our children, and ameliorate the problem of nuclear waste generation by reducing the need to build new nuclear power plants and creating green power to replace electricity from existing nuclear plants.

    Implementing Community Choice will not be an overnight endeavor and the proposed benefits are not written in stone. But this new legislation is tremendously promising and provides a substantial tool for communities suffering under the twin burdens of a budget crunch and a desire to help create a sustainable future.

    We believe that Community Choice bears consideration by both local governments and community organizations like the Community Environmental Council’s Santa Barbara County Regional Energy Alliance for adoption and implementation.

    It may prove to be the ultimate “win-win” in the quest to obtain energy that rests easy on our pocketbooks as well as our consciences.

    * Tam Hunt is a Santa Barbara attorney; Bud Laurent is CEO of the Community Environmental Council; Peter Jeschke is CEO of MEI Power Corp.; Kristen Morrison is coordinator of the Renewable Energy Project, with the Nuclear Age Peace Foundation.

  • The Earth Charter

    PREAMBLE

    We stand at a critical moment in Earth’s history, a time when humanity must choose its future. As the world becomes increasingly interdependent and fragile, the future at once holds great peril and great promise. To move forward we must recognize that in the midst of a magnificent diversity of cultures and life forms we are one human family and one Earth community with a common destiny. We must join together to bring forth a sustainable global society founded on respect for nature, universal human rights, economic justice, and a culture of peace. Towards this end, it is imperative that we, the peoples of Earth, declare our responsibility to one another, to the greater community of life, and to future generations.

    Earth, Our Home

    Humanity is part of a vast evolving universe. Earth, our home, is alive with a unique community of life. The forces of nature make existence a demanding and uncertain adventure, but Earth has provided the conditions essential to life’s evolution. The resilience of the community of life and the well-being of humanity depend upon preserving a healthy biosphere with all its ecological systems, a rich variety of plants and animals, fertile soils, pure waters, and clean air. The global environment with its finite resources is a common concern of all peoples. The protection of Earth’s vitality, diversity, and beauty is a sacred trust.

    The Global Situation

    The dominant patterns of production and consumption are causing environmental devastation, the depletion of resources, and a massive extinction of species. Communities are being undermined. The benefits of development are not shared equitably and the gap between rich and poor is widening. Injustice, poverty, ignorance, and violent conflict are widespread and the cause of great suffering. An unprecedented rise in human population has overburdened ecological and social systems. The foundations of global security are threatened. These trends are perilous-but not inevitable.

    The Challenges Ahead

    The choice is ours: form a global partnership to care for Earth and one another or risk the destruction of ourselves and the diversity of life. Fundamental changes are needed in our values, institutions, and ways of living. We must realize that when basic needs have been met, human development is primarily about being more, not having more. We have the knowledge and technology to provide for all and to reduce our impacts on the environment. The emergence of a global civil society is creating new opportunities to build a democratic and humane world. Our environmental, economic, political, social, and spiritual challenges are interconnected, and together we can forge inclusive solutions.

    Universal Responsibility

    To realize these aspirations, we must decide to live with a sense of universal responsibility, identifying ourselves with the whole Earth community as well as our local communities. We are at once citizens of different nations and of one world in which the local and global are linked. Everyone shares responsibility for the present and future well-being of the human family and the larger living world. The spirit of human solidarity and kinship with all life is strengthened when we live with reverence for the mystery of being, gratitude for the gift of life, and humility regarding the human place in nature.

    We urgently need a shared vision of basic values to provide an ethical foundation for the emerging world community. Therefore, together in hope we affirm the following interdependent principles for a sustainable way of life as a common standard by which the conduct of all individuals, organizations, businesses, governments, and transnational institutions is to be guided and assessed.

    PRINCIPLES

    I. RESPECT AND CARE FOR THE COMMUNITY OF LIFE

    1. Respect Earth and life in all its diversity.

    a. Recognize that all beings are interdependent and every form of life has value regardless of its worth to human beings.
    b. Affirm faith in the inherent dignity of all human beings and in the intellectual, artistic, ethical, and spiritual potential of humanity.

    2. Care for the community of life with understanding, compassion, and love.

    a. Accept that with the right to own, manage, and use natural resources comes the duty to prevent environmental harm and to protect the rights of people.
    b. Affirm that with increased freedom, knowledge, and power comes increased responsibility to promote the common good.

    3. Build democratic societies that are just, participatory, sustainable, and peaceful.

    a. Ensure that communities at all levels guarantee human rights and fundamental freedoms and provide everyone an opportunity to realize his or her full potential.
    b. Promote social and economic justice, enabling all to achieve a secure and meaningful livelihood that is ecologically responsible.

    4. Secure Earth’s bounty and beauty for present and future generations.

    a. Recognize that the freedom of action of each generation is qualified by the needs of future generations.
    b. Transmit to future generations values, traditions, and institutions that support the long-term flourishing of Earth’s human and ecological communities.

    In order to fulfill these four broad commitments, it is necessary to:

    II. ECOLOGICAL INTEGRITY

    5. Protect and restore the integrity of Earth’s ecological systems, with special concern for biological diversity and the natural processes that sustain life.

    a. Adopt at all levels sustainable development plans and regulations that make environmental conservation and rehabilitation integral to all development initiatives.
    b. Establish and safeguard viable nature and biosphere reserves, including wild lands and marine areas, to protect Earth’s life support systems, maintain biodiversity, and preserve our natural heritage.
    c. Promote the recovery of endangered species and ecosystems.
    d. Control and eradicate non-native or genetically modified organisms harmful to native species and the environment, and prevent introduction of such harmful organisms.
    e. Manage the use of renewable resources such as water, soil, forest products, and marine life in ways that do not exceed rates of regeneration and that protect the health of ecosystems.
    f. Manage the extraction and use of non-renewable resources such as minerals and fossil fuels in ways that minimize depletion and cause no serious environmental damage.

    6. Prevent harm as the best method of environmental protection and, when knowledge is limited, apply a precautionary approach.

    a. Take action to avoid the possibility of serious or irreversible environmental harm even when scientific knowledge is incomplete or inconclusive.
    b. Place the burden of proof on those who argue that a proposed activity will not cause significant harm, and make the responsible parties liable for environmental harm.
    c. Ensure that decision making addresses the cumulative, long-term, indirect, long distance, and global consequences of human activities.
    d. Prevent pollution of any part of the environment and allow no build-up of radioactive, toxic, or other hazardous substances.
    e. Avoid military activities damaging to the environment.

    7. Adopt patterns of production, consumption, and reproduction that safeguard Earth’s regenerative capacities, human rights, and community well-being.

    a. Reduce, reuse, and recycle the materials used in production and consumption systems, and ensure that residual waste can be assimilated by ecological systems.
    b. Act with restraint and efficiency when using energy, and rely increasingly on renewable energy sources such as solar and wind.
    c. Promote the development, adoption, and equitable transfer of environmentally sound technologies.
    d. Internalize the full environmental and social costs of goods and services in the selling price, and enable consumers to identify products that meet the highest social and environmental standards.
    e. Ensure universal access to health care that fosters reproductive health and responsible reproduction.
    f. Adopt lifestyles that emphasize the quality of life and material sufficiency in a finite world.

    8. Advance the study of ecological sustainability and promote the open exchange and wide application of the knowledge acquired.

    a. Support international scientific and technical cooperation on sustainability, with special attention to the needs of developing nations.
    b. Recognize and preserve the traditional knowledge and spiritual wisdom in all cultures that contribute to environmental protection and human well-being.
    c. Ensure that information of vital importance to human health and environmental protection, including genetic information, remains available in the public domain.

    III. SOCIAL AND ECONOMIC JUSTICE

    9. Eradicate poverty as an ethical, social, and environmental imperative.

    a. Guarantee the right to potable water, clean air, food security, uncontaminated soil, shelter, and safe sanitation, allocating the national and international resources required.
    b. Empower every human being with the education and resources to secure a sustainable livelihood, and provide social security and safety nets for those who are unable to support themselves.
    c. Recognize the ignored, protect the vulnerable, serve those who suffer, and enable them to develop their capacities and to pursue their aspirations.

    10. Ensure that economic activities and institutions at all levels promote human development in an equitable and sustainable manner.

    a. Promote the equitable distribution of wealth within nations and among nations.
    b. Enhance the intellectual, financial, technical, and social resources of developing nations, and relieve them of onerous international debt.
    c. Ensure that all trade supports sustainable resource use, environmental protection, and progressive labor standards.
    d. Require multinational corporations and international financial organizations to act transparently in the public good, and hold them accountable for the consequences of their activities.

    11. Affirm gender equality and equity as prerequisites to sustainable development and ensure universal access to education, health care, and economic opportunity.

    a. Secure the human rights of women and girls and end all violence against them.
    b. Promote the active participation of women in all aspects of economic, political, civil, social, and cultural life as full and equal partners, decision makers, leaders, and beneficiaries.
    c. Strengthen families and ensure the safety and loving nurture of all family members.

    12. Uphold the right of all, without discrimination, to a natural and social environment supportive of human dignity, bodily health, and spiritual well-being, with special attention to the rights of indigenous peoples and minorities.

    a. Eliminate discrimination in all its forms, such as that based on race, color, sex, sexual orientation, religion, language, and national, ethnic or social origin.
    b. Affirm the right of indigenous peoples to their spirituality, knowledge, lands and resources and to their related practice of sustainable livelihoods.
    c. Honor and support the young people of our communities, enabling them to fulfill their essential role in creating sustainable societies.
    d. Protect and restore outstanding places of cultural and spiritual significance.

    IV. DEMOCRACY, NONVIOLENCE, AND PEACE

    13. Strengthen democratic institutions at all levels, and provide transparency and accountability in governance, inclusive participation in decision making, and access to justice.

    a. Uphold the right of everyone to receive clear and timely information on environmental matters and all development plans and activities which are likely to affect them or in which they have an interest.
    b. Support local, regional and global civil society, and promote the meaningful participation of all interested individuals and organizations in decision making.
    c. Protect the rights to freedom of opinion, expression, peaceful assembly, association, and dissent.
    d. Institute effective and efficient access to administrative and independent judicial procedures, including remedies and redress for environmental harm and the threat of such harm.
    e. Eliminate corruption in all public and private institutions.
    f. Strengthen local communities, enabling them to care for their environments, and assign environmental responsibilities to the levels of government where they can be carried out most effectively.

    14. Integrate into formal education and life-long learning the knowledge, values, and skills needed for a sustainable way of life.

    a. Provide all, especially children and youth, with educational opportunities that empower them to contribute actively to sustainable development.
    b. Promote the contribution of the arts and humanities as well as the sciences in sustainability education.
    c. Enhance the role of the mass media in raising awareness of ecological and social challenges.
    d. Recognize the importance of moral and spiritual education for sustainable living.

    15. Treat all living beings with respect and consideration.

    a. Prevent cruelty to animals kept in human societies and protect them from suffering.
    b. Protect wild animals from methods of hunting, trapping, and fishing that cause extreme, prolonged, or avoidable suffering.
    c. Avoid or eliminate to the full extent possible the taking or destruction of non-targeted species.

    16. Promote a culture of tolerance, nonviolence, and peace.

    a. Encourage and support mutual understanding, solidarity, and cooperation among all peoples and within and among nations.
    b. Implement comprehensive strategies to prevent violent conflict and use collaborative problem solving to manage and resolve environmental conflicts and other disputes.
    c. Demilitarize national security systems to the level of a non-provocative defense posture, and convert military resources to peaceful purposes, including ecological restoration.
    d. Eliminate nuclear, biological, and toxic weapons and other weapons of mass destruction.
    e. Ensure that the use of orbital and outer space supports environmental protection and peace.
    f. Recognize that peace is the wholeness created by right relationships with oneself, other persons, other cultures, other life, Earth, and the larger whole of which all are a part.

    THE WAY FORWARD

    As never before in history, common destiny beckons us to seek a new beginning. Such renewal is the promise of these Earth Charter principles. To fulfill this promise, we must commit ourselves to adopt and promote the values and objectives of the Charter.

    This requires a change of mind and heart. It requires a new sense of global interdependence and universal responsibility. We must imaginatively develop and apply the vision of a sustainable way of life locally, nationally, regionally, and globally. Our cultural diversity is a precious heritage and different cultures will find their own distinctive ways to realize the vision. We must deepen and expand the global dialogue that generated the Earth Charter, for we have much to learn from the ongoing collaborative search for truth and wisdom.

    Life often involves tensions between important values. This can mean difficult choices. However, we must find ways to harmonize diversity with unity, the exercise of freedom with the common good, short-term objectives with long-term goals. Every individual, family, organization, and community has a vital role to play. The arts, sciences, religions, educational institutions, media, businesses, nongovernmental organizations, and governments are all called to offer creative leadership. The partnership of government, civil society, and business is essential for effective governance.

    In order to build a sustainable global community, the nations of the world must renew their commitment to the United Nations, fulfill their obligations under existing international agreements, and support the implementation of Earth Charter principles with an international legally binding instrument on environment and development.

    Let ours be a time remembered for the awakening of a new reverence for life, the firm resolve to achieve sustainability, the quickening of the struggle for justice and peace, and the joyful celebration of life.

  • Appeal on Proposed Transport of Spent Nuclear Fuel from Kozloduy to Russia Vienna, Austria

    Signed by 46 Representatives of European NGOs

    We, undersigned representatives of environmental organizations, scientists, politicians, are in strong opposition to proposed transportation of spent nuclear fuel from Bulgarian nuclear plant Kozloduy to Russia for the reprocessing. Spent nuclear fuel is high-level nuclear waste produced by nuclear industry and its transportation poses significant danger to the environment and population of the countries through which the spent nuclear fuel will be transported. According to the agreement between the governments of Bulgaria, Russia, Ukraine and Moldova, signed on November 28, 1997, in Sofia (Bulgaria) the Kozloduy’s spent nuclear fuel must be transported to Russian reprocessing facility “Mayak” through Ukraine and Moldova. There were already many protests by citizen’s groups in these countries against the proposed nuclear transport, even the Moldovian Environmental Minister asserted that the transportation through the terrotory of Moldova is illegal. These weren’t taken into account by the governmental institutions in all four countries. Citizens’ rights for healthy environment and access to information are totally ignored by the mentioned agreement: population of participating countries aren’t informed about the risk of nuclear transportation which, in case of an accident, could cause a great damage to the environment and public health. According to the statistical data of Russian Ministry of Atomic Power, 43% of all the nuclear incidents occurred during transportation in different stages of nuclear-fuel cycle. Reprocessing of spent nuclear fuel is the most dangerous process the nuclear-fuel cycle consist of – largest nuclear accident in USSR happened to “Mayak” reprocessing facility in 1957 when the amount of radioactivity that was released to the environment was 2,5 times more than during Chernobyl accident. Reprocessing creates additional liquid radioactive waste which quantity is 160 times more, compared to spent nuclear fuel’ amount before reprocessing. According to acting Russian legislative act – decree No. 773 signed by the President of Russia on July 29, 1995 – waste of reprocessing will be sent back to Bulgaria. The Bulgarian public isn’t informed about this condition. Total ignorance of public right by the governments of post-communist countries can seriously damage the process of establishing democratic traditions in Eastern Europe. The public will must be respected. Eastern governments should run the public participation procedures for such a controversial issues through which public may express its concerns.

    We demand to cancel the plan for transportation of Kozloduy’s spent nuclear fuel through Ukraine and Moldova to Russia, as well as its reprocessing. No more spent nuclear fuel should be produced or transported by Bulgaria. Investments should be made into: the finding of a solution for spent nuclear fuel problem right at the Kozloduy’ site immediately; development of renewable sources of energy and energy-efficiency programs in Bulgaria in order to replace dangerous and unnecessary nuclear power reactors.

    Signature:
    46 REPRESENTATIVES OF EUROPEAN NGOS
    Date and Place:
    VIENNA/AUSTRIA, SEPT 25-27, 1998

  • Denuclearization of the Oceans: Linking Our Common Heritage with Our Common Future

    Introduction

    The oceans were nuclearized shortly after the era of nuclear weapons began in 1945. On July 1, 1946, while still negotiating the internationalization of atomic energy at the United Nations, the United States began testing nuclear weapons at Bikini Atoll in the Pacific. Nuclear weapons testing in the Pacific continued through January 1996, when French President Jacques Chirac announced an end to French testing in the region.

    In the 1950s, the United States again led the way in nuclearizing the oceans with the launching of a nuclear powered submarine, the Nautilus. The Nautilus and other nuclear submarines could stay submerged for long periods of time without refueling and cruise throughout the world. During the Cold War the U.S., former USSR, UK, France, and China developed nuclear submarine fleets carrying ballistic missiles with nuclear warheads. Some of these nuclear powered submarines with their multiple-independently-targeted nuclear warheads were and remain capable of single-handedly attacking and destroying more than one hundred major cities. These shadowy creatures of mankind’s darkest inventiveness remain silently on alert in the depths of the world’s oceans, presumably ready and capable, upon command, of destroying the Earth.

    Our oceans are a precious resource to be shared by all humanity and preserved for future generations. It carries the concept of “freedom of the seas” to absurd lengths to allow those nations with the technological capacity to destroy the Earth to use the world’s oceans in so callous a manner.

    Accidents aboard nuclear submarines have caused a number of them to sink with long-term adverse environmental consequences for the oceans. In addition to accidents, many countries have purposefully dumped radioactive wastes in the oceans.

    With regard to proper stewardship of the planet, it is time to raise the issue of denuclearizing the world’s oceans. To fail to raise the issue and to achieve the denuclearization of the oceans is to abdicate our responsibility for the health and well-being of the oceans and the planet.

    Nuclearization of the Oceans

    Nuclearization of the oceans has taken a variety of forms. The primary ones are:

    1. the oceans have served as a medium for hiding nuclear deterrent forces located on submarines;

    2. nuclear reactors have been used to power ships, primarily submarines, some of which have gone down at sea with their nuclear fuel and nuclear weapons aboard;

    3. increasing use is being made of the oceans for the transportation of nuclear wastes and reprocessed nuclear fuels;

    4. the oceans have been used as a dumping ground for nuclear wastes;

    5. atmospheric nuclear weapons testing, particularly in the Pacific, has been a source of nuclear pollution to the oceans as well as the land; and

    6. underground nuclear weapons testing, such as that conducted by France in the South Pacific, has endangered fragile Pacific atolls and caused actual nuclear contamination to the oceans as well as risking a much greater contamination should the atolls crack due to testing or future geological activity.

    The problems arising from nuclearization of the oceans can be viewed from several perspectives.

    From an environmental perspective, issues arise with regard to nuclear contamination in the oceans working its way up through the food chain. The biological resources of the oceans will eventually affect human populations which are reliant upon these resources.

    The threat of nuclear contamination has diminished with regard to nuclear testing, which has not taken place in the atmosphere since 1980. Moreover, the nuclear weapons states have committed themselves to a Comprehensive Test Ban Treaty, which they have promised to conclude by 1996. This treaty, if concluded, will end all underground nuclear testing.

    The dumping of high-level radioactive waste material was curtailed by the Convention on the Prevention of Marine Pollution by the Dumping of Wastes and Other Matter, which entered into force in 1975. A later amendment to this Convention prohibited ocean dumping of all radioactive wastes or other radioactive matter. However, exemptions authorized by the International Atomic Energy Agency and non-compliance remain a concern. Problems can be anticipated in the future when radioactive contaminants already dumped in canisters or contained in fuel or weapons aboard sunken submarines breach their containment.

    Increased use of the oceans to transport nuclear wastes and reprocessed nuclear fuel (between Japan and France, for example) has substantially increased the risk of contamination. Coastal and island states that are on the route of the transportation of nuclear materials stand high risks of contamination in the event of an accident at sea. International law regarding the transportation of hazardous material must be strengthened and strictly enforced by the international community to prevent catastrophic accidents in the future.

    From a human rights perspective, inhabitants of island states in the Pacific have suffered serious health effects and dislocation as a result of atmospheric and underground nuclear weapons testing. In response to assurances by France that their underground testing in the South Pacific is entirely safe, the islanders in Polynesia and throughout the Pacific have retorted: If it is so safe, why isn’t it being done in France itself? The response of the French government has been that French Polynesia is French territory, highlighting the arrogance and abuse that accompanies colonialism.

    Human rights issues also arise with regard to maintaining a nuclear deterrent force that threatens the annihilation of much of humanity. The Human Rights Committee stated in November 1984 in their general comments on Article 6 of the International Covenant on Civil and Political Rights, i.e., the right to life, that “the production, testing, possession, deployment and use of nuclear weapons should be prohibited and recognized as crimes against humanity.” The deployment of nuclear weapons on submarines, therefore, arguably constitutes a crime against humanity, and thus a violation of the most fundamental human right, the right to life.

    From a security perspective, the nuclear weapons states argue that having a submarine-based deterrent force assures their security. Thus, to varying degrees, each of the nuclear weapons states maintains strategic submarines capable of causing unthinkable destruction if their missiles were ever launched. (See Appendix.) Viewed from the self-interests of nearly all the world’s population-except the nuclear weapons states whose leaders appear addicted to maintaining their nuclear arsenals -the continued reliance on nuclear deterrence, at sea or on land, poses a frightening threat to continued human existence.

    In 1972 the Seabed Agreement prohibited the emplacement of nuclear weapons on the seabed, ocean floor, or subsoil thereof. This agreement prohibited what was already deemed unnecessary by the nuclear weapons states; placing nuclear weapons on submarines made them less vulnerable to detection and destruction than placing them on or beneath the seabed or ocean floor. The oceans continue to be used by the nuclear weapons states as an underwater shadow world for their missile carrying submarines.

    The United States alone currently has 16 Trident submarines, each carrying some 100 independently targeted nuclear warheads. Each Trident submarine has a total explosive force greater than all the explosive force used in World War II, including at Hiroshima and Nagasaki. Britain, with the help of the United States, is replacing its older class of Polaris SSBNs with a fleet of four Trident submarines. France currently has five strategic missile submarines with four more of a superior class to be commissioned by 2005. Russia has over 35 strategic missile submarines with an estimated capacity of 2,350 nuclear warheads. China has two modern ballistic missile submarines. Its Xia class submarine carries twelve 200 kiloton nuclear warheads.

    The total destructive force that day and night lurks beneath the oceans is a chilling reminder of our technological capacity to destroy ourselves. That this threat was created and is maintained in the name of national security suggests a collective madness that must be opposed and overcome if, for no other reason, we are to fulfill our obligation to posterity to preserve human life.

    An ongoing responsibility resides with the nuclear weapons states to fulfill the obligations set forth in Article VI of the Non-Proliferation Treaty (NPT), “to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control.” At the NPT Review and Extension Conference in April and May 1995, the treaty was extended indefinitely after extensive lobbying by the nuclear weapons states. At the same time the nuclear weapons states promised to enter into a Comprehensive Test Ban Treaty by 1996, and to engage in a “determined pursuit” of the ultimate elimination of their nuclear arsenals.

    Protecting the Common Heritage

    The Law of the Sea Treaty enshrines the concept of the oceans as the common heritage of [hu]mankind. Maintaining the oceans as a common heritage demands that the oceans be protected from contamination by nuclear pollutants; that they not be used in a manner to undermine basic human rights, particularly the rights to life and to a healthy environment; and that the oceans not be allowed to serve as a public preserve for those states that believe their own security interests demand the endangerment of global human survival.

    It is unreasonable to allow our common heritage to be used to threaten our common future. Deterrence is an unproven and unstable concept that is being tested on humanity by a small number of powerful and arrogant states that have turned nuclear technology to its ultimate destructive end. In order to link the common heritage with our common future, the large majority of the world’s nations advocating an end to the threat of nuclear annihilation should seek to achieve a Nuclear Weapons Convention by the year 2000 that eliminates all nuclear weapons in a time-bound framework. The prohibition and conversion of strategic ballistic missile submarines must be part of this accord. Perhaps this will be the final step in achieving a nuclear weapons free world.

    Life began in the oceans and eventually migrated to land. We must not allow the oceans to continue to provide a secure hiding place for nuclear forces capable of causing irreparable damage to all life. This is an inescapable responsibility of accepting the proposition that life itself, like the oceans, is a common heritage that must be protected for future generations.

     

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    APPENDIX: NUCLEAR POWER AT SEA*

    A. Nuclear Weapons

    UNITED STATES

    Strategic Missile Submarines (SSBN)

    Active: 16 Building: 2

    Trident: 16 + 2

    There are presently 16 Trident submarines in operation, eight at Sub-Base Bangor and eight at Sub-Base Kings Bay. The schedule is to complete one submarine per year for a total of 18 with the final one becoming operational in 1997.

    In September 1994 it was announced in the Pentagon’s “Nuclear Posture Review” that the Trident force would be cut from 18 to 14. The submarines to be retired are still under review but are believed to be the four oldest in the fleet. They will be preserved, however, in mothballs until the Strategic Arms Reduction Talks (START) II Treaty is fully implemented in 2003.

    These submarines carry 24 missiles each. The submarines are armed with Trident-1 missiles (C-4) and the Trident-2 (D-5). In 1991 all strategic cruise missiles (Tomahawks) were removed from surface ships and submarines.

    The C-4 can carry up to eight 100 kiloton Mark-4/W-76 Multiple Independently-targeted Reentry Vehicles (MIRV). There are currently 192 Trident-1 missiles deployed in eight Trident submarines based at Bangor, Washington with a total of 1,152 Mk-4 warheads. Four of these submarines are to be deactivated and the remaining four are to be converted to carry Trident-2 missiles. Plans are to then base seven of the 14 submarines on each coast.

    The D-4 can carry up to 12 MIRV with Mark-4/W-76 100-kT warheads, or Mark-5/W-88 300-475-kT warheads each. Under START counting rules, a limit of 8 reentry vehicles (RV) was set, but this may be further reduced to four or five if START II is implemented. About 400 Mk-5/W-88 warheads for the Trident-2 missiles were produced before they were canceled because of production and safety reasons. Two new Trident subs fitted with D-4 missiles will be delivered by 1997.

    Under the START Treaties, warheads that are reduced do not have to be destroyed. According to the Nuclear Posture Review the current plan is to remove three or four warheads per missile from Trident Submarine Launched Ballistic Missiles (SLBMs) to meet the START II ceiling of 1,750 SLBM warheads. Plans are to reduce the C-4 to 1,280 warheads and the D-4 to 400. These warheads will be kept in storage and if it is determined that the SLBMs need to be uploaded, the Pentagon can reuse them.

    RUSSIA

    Strategic Missile Submarines (SSBN)

    Active: 39 Building: 0

    The Russian navy is divided into four fleets: the Baltic, Northern, Black Sea and the Pacific. In the Northern and the Pacific fleets, the primary issue is of what to do with the estimated 85 retired nuclear submarines. Since the breakup of the Soviet Union, it is believed that over half of their nuclear-powered ballistic missile submarine fleet has been withdrawn from operational service. These ships are currently moored at various bases with their reactors still on board. The number is growing faster than the money available to remove and store the fuel elements and decontaminate the reactor compartments. Since 1991, there has been a lack of funds to operate the fleet. Consequently, few of the submarines listed as active have actually been at sea.

    In response to President Bush’s September 27, 1991 decision to remove tactical nuclear missiles from ships, President Gorbachev announced that six SSBNs with 92 SLBMs (presumably five Yankee Is and a single Yankee II) were to be removed from operational forces. Russian Fleet Commander Adm. Oleg Yerofeev reports that as of October 20, 1991 all tactical nuclear weapons were removed from the Northern and Pacific fleet ships and submarines.

    The January-February, 1993 issue of the Bulletin of Atomic Scientists reports that Russia intends to stop building submarines in its Pacific yards within the next two to three years. Russian President Boris Yeltsin made this announcement during a November 1992 visit to South Korea.

    The Russian (CIS) SLBM stockpile is estimated to be at: 224 SS-N-18 Stingray armed with three warheads at 500-kT, 120 SS-N-20 Sturgeon with ten 200-kT warheads, and 112 SS-N-23 Skiff missiles with four 100-kT warheads. Total warheads are believed to be about 2320.

    According to Pentagon officials, Russia has already reduced its patrols to a single ballistic missile submarine. In contrast, the U.S. Navy continues to patrol with a dozen or so submarines at a time.

    NATO names are used in this listing. Russian names are given in parentheses.

    Typhoon (Akula) Class: 6

    The Typhoon carries 20 SS-N-20 Sturgeon missiles, with six to nine MIRV 200-kT nuclear warheads. The Typhoon can hit strategic targets from anywhere in the world. There are plans to modernize the Typhoons to carry an SS-N-20 follow-on missile which would have improved accuracy. All the Typhoons are stationed in the Northern Fleet at Nerpichya. One was damaged by fire during a missile loading accident in 1992, but has since been repaired.

    Delta IV (Delfin) Class: 7

    The Delta IV carries 16 SS-N-23 Skiff missiles, with four to ten MIRV 100-kT nuclear warheads. These ships are based in the Northern Fleet at Olenya.

    Delta III (Kalmar) Class: 14

    The Delta III is armed with 16 SS-N-18 Stingray missiles. There are three possible modifications for the Stingray. (1) three MIRV at 200-kT, (2) a single 450-kT, (3) seven MIRV at 100-kT. Nine ships are in the Northern Fleet and five are in the Pacific Fleet.

    Delta II (Murena-M) Class: 4

    The Delta II has 16 SS-N8 Sawfly missiles with two possible modifications. The first is with a single 1.2 MT nuclear warhead, the other is with two MIRV at 800-kT. This class of submarine is no longer in production. All four are stationed in the Northern fleet at Yagelnaya and are believed to have been taken off active duty.

    Delta I (Murena) Class: 8

    The Delta I carries 12 SS-N-8 Sawfly missiles, armed with either a single 1.2 MT nuclear warhead or two MIRV 800-kT. Three ships are stationed in the North and the other five are in the Pacific. One of these ships may be converted into a rescue submarine. As with the Delta II’s, all of these ships are believed to have been taken off active duty.

    UNITED KINGDOM

    Strategic Missile Submarines (SSBN)

    Active: 4 Building: 2

    Vanguard Class: 2 + 2

    The Vanguard-class is modeled on the United States Trident submarine. It carries 16 Trident II (D-5) missiles with up to eight MIRV of 100-120-kT nuclear warheads. The D-5 can carry up to 12 MIRV but under plans announced in November 1993 each submarine will carry a maximum of 96 warheads. The U.K. has stated that it has no plans to refit their Tridents with conventional warheads, insisting on the nuclear deterrent.

    Resolution Class: 2

    The Resolution-class was initially fitted with 16 Polaris A3 missiles with three multiple reentry vehicles of 200-kT each. Beginning in 1982, the warheads were replaced under the “Chevaline Program.” The Chevaline is a similar warhead, but contains a variety of anti-ballistic missile defenses. The two remaining submarines in this class are both scheduled for decommission.

    CHINA

    Strategic Missile Submarines (SSBN)

    Active: 1 Projected: 1

    Intelligence on Chinese nuclear submarines is extremely limited. Experts disagree on whether there is one or two SSBNs in the Chinese fleet. A new class of SSBN is expected to begin construction in 1996 or 1997.

    Xia Class: 1 or 2

    The Xia carries 12 Julang or “Giant Wave” CSS-N-3 missiles armed with a single 200-300-kT nuclear warhead. Approximately 24 of these missiles have been deployed. An improved version of this missile is currently being developed.

    Golf Class (SSB): 1

    Although the Golf is not nuclear driven, it is armed with ballistic missiles. The submarine is outfitted with two Julang missiles.

    FRANCE

    Strategic Missile Submarines (SSBN)

    Active: 5 Building: 3 Projected: 1

    In 1992 France announced that it would cut the number of new Triomphant-class SSBNs under construction from 6 to 4. Robert Norris and William Arkin of the Natural Resource Defense Council estimate that France will produce 288 warheads for the fleet of four submarines, but with only enough missiles and warheads to fully arm three boats. It is estimated that France has 64 SLBMs with 384 warheads.

    Triomphant Class: 0 + 3(1)

    The first submarine of its class, Le Triomphant, recently began conducting trials in the sea and is scheduled to depart on its first patrol in March 1996. The other ships are expected to be operational by 2005. The Triomphant-class is armed with 16 M45 missiles with 6 multiple reentry vehicles (MRV) at 150-kT. There are plans to later refit the submarines with the more powerful M5 with 10-12 MRV around 2010. Testing for these new missiles were recently conducted at the Moruroa and Fangataufa atolls.

    L’Inflexible Class: 5

    L’Inflexible is armed with 16 Aerospatiale M4B missiles with six MRV at 150-kT. The French navy has 80 SLBMs deployed on its five submarines. This class of ships is based at Brest and commanded from Houilles. They patrol in the Atlantic Ocean and the Norwegian and Mediterranean Seas. The minimum number of submarines always at sea has been reduced from three to two.

    B. OTHER NUCLEAR POWERED SHIPS

    UNITED STATES

    Attack Submarines (SSN)

    Active: 86 Building: 4 Projected: 1

    Permit Class: 1
    Benjamin Franklin Class: 2
    Narwhal Class: 1
    Los Angeles Class: 57 + 2
    Sturgeon Class: 25
    Seawolf Class: 0 + 2(1)

    The Seawolf was launched in July 1995, and is scheduled to be commissioned in May 1996.

    Aircraft Carriers (CVN )

    Active: 6 Building: 3

    Nimitz Class: 6 + 3

    Guided Missile Cruisers (CGN)

    Active: 5

    Virginia Class: 2
    California Class: 2
    Brainbridge Class: 1

    RUSSIA

    Cruise Missile Submarines (SSGN)

    Active: 19 Building: 1 Projected: 1

    Echo II Class (Type 675M): 3
    Oscar I (Granit) Classes: 2
    Oscar II (Antyey): 10 + 1(1)
    Charlie II (Skat M) Class: 3
    Yankee Sidecar (Andromeda) Class: 1

    Attack Submarines (SSN)

    Active: 51 Building: 6 Projected: 1

    Severodvinsk Class: 0 + 3(1)
    Sierra II (Baracuda) Class: 2
    Akula I (Bars) Class: 4
    Akula II (Bars) Class: 8 + 3
    Sierra I (Baracuda I) Class: 2
    Alfa (Alpha) Class: 1
    Victor III (Shuka) Class: 26
    Victor II (Kefal II) Class: 3
    Victor I (Kefal I) Class: 2
    Yankee Notch (Grosha) Class: 3

    Battle Cruisers (CGN)
    Active: 4

    Kirov Class: 4

    UNITED KINGDOM

    Attack Submarines (SSN)

    Active: 12 Projected: 5

    Trafalgar Class: 7 + (5)
    Swiftsure Class: 5

    CHINA

    Attack Submarines (SSN)

    Active: 5 Building: 1
    Han Class: 5

    Nuclear attack submarines are believed to be a high priority for the Chinese, but due to high internal radiation levels, production has been suspended.

    FRANCE

    Attack Submarines (SSN)

    Active: 6 Projected: 1

    Rubis Class: 6 + (1)

    The nuclear attack submarine Rubis collided with a tanker on July 17, 1993 and has had to undergo extensive repairs. On March 30, 1994 the Emeraude had a bad steam leak which caused casualties amongst the crew.

    Aircraft Carriers (CVN)

    Active: 0 Building: 1 Projected: 1

    The nuclear powered aircraft carrier Charles de Gaulle was launched in 1994, it is expected to be commissioned in July 1999.