Nuclear disarmament and Non-Proliferation

THE COMPREHENSIVE NUCLEAR-TEST-BAN TREATY (CTBT)

Entry into Force (EIF) of the Comprehensive Nuclear-Test-Ban Treaty (CTBT)

The drafters of the CTBT decided that the Treaty would come into force only when all forty-four countries which possess nuclear power reactors and/or nuclear research reactors had signed and ratified the Treaty. These countries are generally referred to as "Annex 2" countries because they are listed by name in Annex 2 of the Treaty (see bottom of page). For current information on the 44 countries whose signature and ratification is required for the Treaty to enter into force, please refer to the CTBTO web site at http://pws.ctbto.org.

Article XIV of the CTBT provides for three kinds of follow-up action that may be taken if the Treaty has not entered into force three years after the date of the anniversary of its opening for signature. First, the UN Secretary-General, as head of the depository body, could convene a Conference of the States that have already deposited their instruments of ratification upon the request of a majority of those States, which is allowed in Article XIV of the Treaty. At this type of Conference, States Signatories of the Treaty would consider and decide by consensus what measures consistent with international law might be undertaken to accelerate the ratification process in order to facilitate the early entry into force of this Treaty. Second, Article VII provides for the possibility of convening Amendment Conferences. Finally, Article VIII provides for the possibility of convening a Review Conference which could be held ten years after the Treaty takes legal effect, to enable States Parties to review whether the objectives and purposes in the Preamble and the provisions of the Treaty are being realized. The review would take into account any new scientific and technological developments and could also consider permitting Peaceful Nuclear Explosions (PNEs), if any State Party so requested. If the Review Conference decided by consensus that such nuclear explosions might be permitted, it would then have to draft an appropriate amendment to the CTBT, "that shall preclude any military benefits of such nuclear explosions". This amendment would then have to be considered and agreed by consensus at an Amendment Conference, in accordance with Article VII.

As provided under Article XIV of the Treaty, the first Conference to Facilitate the Entry into Force of the CTBT took place in Vienna 6-8 October, 1999, against the backdrop of heightened political and media interest in the Treaty due to the debate over the U.S. Senate's refusal to ratify the CTBT. The mere convening of the Conference served the basic political aim of achieving several more ratifications, including 5 from the key group of 44 Annex 2 states whose ratification is necessary for entry into force of the Treaty. The Conference Declaration sent a clear message of the international community's desire to see the Treaty enter into force as soon as possible as well as sending several specific "reminders" to states whose ratification is key for the Treaty's success (e.g. India, Pakistan, DPRK, and 3 nuclear-weapon States - US, Russia and China).

The second "Article XIV Conference", chaired by Mexico, was held in New York from 11-13 November 2001. The participation of forty-seven Foreign Ministers, including Canadian Foreign Minister John Manley (click here for the Minister’s speech), represented a high vote of confidence in and support for the Treaty. Although 38 additional ratifications and 4 additional signatures had been attached to the Treaty between the first and the second Article XIV conferences, none were of the Annex 2 states. To view the Final Declaration of the second Article XIV Conference, click here. In advance of the Conference, Canadian Foreign Minister John Manley sent letters to all Annex II states urging them to sign and ratify the Treaty.

The third “Article XIV Conference”, chaired by Finland, was held in Vienna from 3-5 September 2003. The Canadian delegation was led by Parliamentary Secretary Aileen Carroll, who delivered Canada’s national statement. It was agreed in the Conference’s Final Declaration to create the position of Special Representative to work with the Preparatory Commission to promote entry into force of the Treaty and to establish a regional contact list of States that would volunteer to assist in promoting the Treaty’s entry into force. Furthermore, it was recommended that States consider establishing a voluntarily-financed trust fund to support an outreach program to promote entry into force of the Treaty. Since the 2nd Article XIV Conference, 5 more signatures and 16 more ratifications were attached to the Treaty, the most notable ratification being that of Annex II State Algeria. In advance of the Conference, Canadian Foreign Minister Bill Graham sent letters to all states that had not signed nor ratified the Treaty urging them to do so.

The following 44 States, whose ratification is required for the entry into force of the Treaty in accordance with Article XIV, are listed in Annex 2 to the Treaty: