What guidance does international law provide in determining who succeeds to the treaty obligations of a large nation-state when it splits up? This Article will consider, first, the general rules of inheritance in such a case and, second, what has happened so far in four concrete areas.

The dissolution of the Soviet Union has brought new nuclear non-proliferation dangers and opportunities. Both revolve around the approximately thirty thousand nuclear weapons and the fissile materials for perhaps ninety thousand nuclear bombs in the former Soviet Union. The weapons are now deployed in only four of the newly independents states - most in Russia, but some still in Belarus, Kazakhstan and Ukraine. "Loose Nukes" is the colloquial description of one aspect of the new threats.

New positive and negative assurances from all five permanent members of the UN Security Council are now vitally important, not only to provide support to Ukraine and every other non-nuclear-weapons state's legitimate concerns, but to advance the vital goals of nuclear non-proliferation prior to the critical 1995 NPT review and extension conference.

This analysis argues that the basic purpose of NPT safeguards—to verify compliance with an obligation not to "manufacture" nuclear weapons—could be easily thwarted if a non-nuclear-weapon party is able to produce nuclear-explosive material and build bombs in facilities that are not declared to the IAEA and inspected by IAEA inspectors.  The language of the NPT, its negotiating history, and the subsequent agreement applying its safeguards provisions all support the conclusion that non-nuclear-weapon NPT parties agreed to permit inspection of activities.

The problem of accidental or inadvertent nuclear war has been couched largely in terms of superpower confrontations during a crisis. Whether the focus is on the major powers, or on developing nations with ballistic missiles and probable nuclear weapons capability, stability in those who handle weapons and effective safeguards on use are essential preventive measures. The United States and the USSR have been careful to guard against unauthorized launch. All nuclear nations have been concerned with retaining ultimate control of nuclear weapons in civilian hands; with monitoring the reliability and stability of the forces that handle the weapons; and with preventing weapons from coming into the possession of outsiders. In 1986, an analysis of the sources of human instability in those who handle nuclear weapons concluded that thousands of unstable individuals were involved in "minding our missiles."1 The present paper serves as an update on the problem and links it to potential areas of increasing risk as the world changes.

Operational arms control can take many forms, and one of the most important is direct military-to-military talks. The 1989 Dangerous Military Activities agreement, in which military officers headed negotiations for the first time, should not be considered the final step in improving U.S.-Soviet military-to-military relations.  It should be seen instead as a major step forward toward a much deeper and wider network of discussions and agreements which reduce the likelihood of misunderstandings and potential incidents between the militaries of the two states.

ABOUT THE BOOK

We have seen in recent hijackings and other hostage-takings that the mightiest military machine in the world can be tied down like Gulliver. What would happen if tomorrow's Lilliputians had an atomic bomb, or used other means to cause nuclear violence? Preventing Nuclear Terrorism is an insightful and provocative book that provides early warning of a threat that must be stopped from materializing at all costs. It points the way to avoiding a situation in which the world order, not just our nation, would be placed at risk. It warrants close scrutiny.
- Representative Richard Gephardt
Chairman, House Democratic Caucus

The old adage about an ounce of prevention being worth a pound of cure aptly describes the basic thrust of this valuable book. The book begins with a distinguished and balanced International Task Force of experts concluding that 'the probability of nuclear terrorism is increasing' and warning that 'the fact that so far there has been no serious act of nuclear terrorism is no reason for complacency.' The Task Force report is followed by 26 studies that provide valuable insight and perspective into all aspects of a world-threatening problem. This is a unique body of work that offers a realistic and urgently needed roadmap for steering clear of nuclear terrorism.
- Senator Sam Nunn
Chairman, Senate Armed Services Committee

There is no greater challenge to the entire world than the prevention of a detonation, accidental or otherwise, of even a single nuclear weapon. Preventing Nuclear Terrorism makes a unique and valued contribution toward that end. It should be widely read, discussed, and acted upon.
- Senator John W. Warner
Secretary of the Navy, 1972-74