Navigating the Future: Revitalizing Global Engagement with Nuclear-Weapon-Free Zones

Alain Ponce Blancas is a Research and Communication Officer at the Agency for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (OPANAL).

Extensive scholarship exists on the topic of nuclear-weapon-free zones and their pivotal role in shaping the global nuclear non-proliferation regime. However, certain relatively successful initiatives, like the Conferences of States Parties to nuclear-weapon-free zones, have encountered an impasse due to external influencing factors. Undoubtedly, the contributions and influence of nuclear-weapon-free zones are undeniable. A recent testimony of their influence is the creation of the 2017 Treaty on the Prohibition of Nuclear Weapons, which extends the regional prohibition norm of nuclear-weapon-free zones to a global scale. Nevertheless, it has been several years since the last comprehensive, multidisciplinary, and collaborative effort was made to thoroughly analyze the now-global regime established by nuclear-weapon-free zones.

In this context, would it not be worthwhile to launch a global-scale initiative to conduct an in-depth analysis of the current nuclear-weapon-free zone community?

In September 2023, an international colloquium was held at Perry World House at the University of Pennsylvania, featuring a regionally-diverse panel discussing the normative approach of non-nuclear states and their influence on the behavior of nuclear-armed states, as well as the role of international institutions, such as the United Nations (UN). While there is a prevailing consensus among experts, including scholars and practitioners, regarding the historical contributions of nuclear-weapon-free zones, it is evident that there is a growing need for analytical outputs to shed light on the current and future challenges faced by nuclear-weapon-free zones, both in terms of their institutional structures and normative frameworks.

Unveiling the context

The nuclear-weapon-free zones, first as an idea and later as a community, have a long back-and-forth relationship with the United Nations. The inception and design of the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (best known as the Treaty of Tlatelolco), for instance, relies heavily in its relationship with the UN Charter and several UN General Assembly resolutions. For instance, Resolution 1911 (XVIII) on the denuclearization of Latin America, notes with satisfaction the initiative taken in the “Joint Declaration of the five Latin American Presidents” of 29 April 1963; trusts the nuclear-weapon states to lend their full cooperation; and requests the Secretary-General to provide the technical facilities to achieve the goals of the resolution. Moreover, once the Treaty entered into force, the text was submitted to the UN General Assembly through the Resolution 2286 (XXII) for its endorsement.

Among the myriad of UN initiatives related to nuclear-weapon-free zones a couple of additional examples are also worth mentioning: i) The comprehensive study of the question of nuclear-weapon-free zones in all its aspects; and ii) the UN Disarmament Commission Guidelines and Principles for the Nuclear-Weapon-Free Zones.

In December 1974, the UN General Assembly adopted a resolution to "undertake a comprehensive study of the question of nuclear-weapon-free zones in all its aspects", within the framework of the then Conference of the Committee on Disarmament. As a result, in October 1975, the Conference of the Committee on Disarmament submitted to the General Assembly a special report containing the comprehensive study of the question of free zones in all its aspects. To this date, this comprehensive study represents one of the earliest efforts concerning nuclear-weapon-free zones notwithstanding that Latin America and the Caribbean was the only of such zones in force on a densely populated area.

On the other hand, in April 1999, the UN Disarmament Commission recommended a set of principles and guidelines for the establishment of a nuclear-weapon-free zone, including several objectives and purposes for its creation. Among them, that these zones should be established on the basis of arrangements freely arrived at among the States of the region concerned; that should be in conformity with the principles and rules of international law, including the United Nations Convention on the Law of the Sea; that the establishment of nuclear-weapon-free zones is a dynamic process; and that nuclear-weapon-free zones are not static structures.

Norm entrepreneurs for the long haul

For more than five decades, non-nuclear weapon states have been actively participating and playing pivotal roles in ongoing negotiations of instruments to preserve peace and international security. They have consistently contributed to the establishment and evolution of not just the international nonproliferation framework but also the broader global order, which has been shaped by the rules and institutions established in the post-war period. Nuclear-weapon-free zones are clear examples of such behavior.

Expanding nuclear-weapon-free zones to more regions unquestionably reinforces global nuclear disarmament and non-proliferation norms. Despite the absence of newly established zones, the belief endures that the United Nations should serve as the rightful forum for future treaty discussions and negotiations. Non-nuclear-weapon states utilize international platforms, such as the United Nations, to actively advance these objectives.

However, it is crucial to recognize that the efforts of norm entrepreneurs like the states parties to existing nuclear-weapon-free zones extend beyond the mere establishment of norms for the sake of it or as an isolated achievement. The long and hardest enterprise comes right after the entry into force of any multilateral treaty by the necessity of laying the foundations of the procedural and institutional architecture that will allow “the norm to have a long and meaningful life” and fulfill its purpose.

If the premise that norms are what states make of them is true, then it becomes evident that non-nuclear-weapon states, particularly those actively fostering norms, have a broader role to play.  For instance, their focus should extend beyond strengthening the legal foundations of nuclear-weapon-free zones in order to preserve their denuclearized status, but also in enhancing its effective organizational operation and refining their relationships and interactions with other zones.

While it may require some time and effort to foster a far-reaching shift in attitudes regarding the role of nuclear weapons in global security, at least, the normative entrepreneurial track embraced by the States parties to the existing nuclear-weapon-free zones is in good spirits. Therefore, it is vital that multilateral fora like the UN continue to serve as a critical tool for achieving their goals. These institutions play a crucial role not only in amplifying their voices, as inclusive deliberations are critical for fostering trust and strengthening cooperation, but also in spearheading the codification and development of norms within the realm of nuclear disarmament and non-proliferation.

Cultivating the normative entrepreneurial spirit

Several decades have passed since the establishment of the first nuclear-weapon-free zone, by the Treaty of Tlatelolco, and the normative landscape has significantly evolved. The international community has now five nuclear-weapon-free zones in densely populated areas, including a self-declared nuclear-weapon-free state and a UN Treaty explicitly prohibiting nuclear weapons. This new landscape underscores the need for innovative and pragmatic approaches to strengthen the cooperative endeavors of these zones.

The emerging questions revolve around how these zones can collaborate more effectively, how they can extend their influence on nuclear disarmament and non-proliferation globally, and how they can adapt to new security challenges. These considerations lead us to conclude that the future of nuclear-weapon-free zones lies not only in the expansion of their geographical coverage, and their role in codifying and developing international law, but also in their ability to evolve, adapt, and actively contribute to international peace and security.

In light of the current circumstances, there is a compelling need for a comprehensive study on nuclear-weapon-free zones, covering all aspects—a task ideally suited for the UN General Assembly. This initiative should privilege an inclusive and geographically diverse approach, with the participation of civil society experts. In doing so, it holds the potential to significantly advance the full realization of principles and objectives embedded in the existing treaties establishing nuclear-weapon-free zones. Furthermore, it possesses the potential to serve as a compelling catalyst for advocating the establishment of these zones in regions where they are currently absent, including the longstanding aspiration of such zone in the Middle East.