Arms and the Spaceman

Having been quoted in Wednesday's New York Times and International Herald Tribune in connection with the presentation by Russia and China this week of a draft treaty to prevent the placement of weapons in outer space, I've been inundated by calls from journalists asking me to explain the significance of the move, Washington's negative reaction to it, and the likelihood that this development could break the long-standing deadlock in the Conference on Disarmament.

So, how significant was this? Short answer: quite significant but not at all surprising. Preventing an arms race in outer space has been on the agenda of the Conference on Disarmament (CD) since 1982. Russia and China, together with five other States, presented elements of this draft treaty to the Conference back in 2002. The issue has been the subject of especially intense debate in the CD over the last 2 years. The presentation of the draft treaty by Russian Foreign Minister Sergey Lavrov on Tuesday was simply the culmination of efforts stretching back over 25 years. The move was significant, though, insofar as it was the first official presentation of a draft treaty on outer space to the Conference on Disarmament and served to increase pressure on the body to overcome its decade-long deadlock.

This move by Russia mirrors a similar move by the United States in 2006 when it presented to the Conference on Disarmament a draft treaty to ban the production of fissile material for nuclear weapons. The Conference now has two draft treaties on the table (and is unable to begin work on either). The current plan to break the deadlock in the CD involves four elements: Negotiations on a treaty on fissile material for nuclear weapons and substantive discussions on three other issues - preventing an arms race in outer space, nuclear disarmament, and assurances to non-nuclear weapons States that they will not be attacked or threatened by nuclear weapons.

The introduction by Russia and China of a draft treaty to keep weapons out of space does not alter one iota the current plan to break the deadlock in the CD. Foreign Minister Lavrov made it quite clear when presenting the draft text that it had, as he put it, a "research mandate" and that it would "not add any complications to achieving a compromise on the programme of work of the Conference." In his message to the Conference, Chinese Foreign Minister Yang Jiechi expressed the hope that the CD would "start substantive discussion and reach consensus on [the draft treaty] as soon as possible." Russia and China are not, as has been erroneously reported, calling for immediate negotiations on this draft treaty. Rather, they are proposing that it serve as a focal point for substantive discussions, with a view to negotiations sometime in the future. This is entirely consistent with the current plan to break the deadlock in the CD.

This is why the strong negative reactions to the Sino-Russian proposal reported coming out of Washington are somewhat puzzling. After long opposition to holding even discussions on outer space in the Conference on Disarmament, the United States last year changed its position by deciding that it would "not stand in the way of consensus" to break the deadlock in the CD. This essentially means that the U.S. would allow substantive discussions on outer space to take place as long as negotiations on a treaty on fissile material could get underway. All the Sino-Russian proposal does, really, is to provide a focus for the substantive discussions on outer space. The Washington Times reported that U.S. State Department Officials thought that "Moscow and Beijing are trying to upstage Washington with their draft." In fact, the U.S. draft treaty on fissile material and the Sino-Russian draft treaty on outer space are not in opposition to one another.

As to whether Mr. Lavrov's actions this week brought the Conference on Disarmament any closer to dissolving its stalemate, I think it certainly will not have hurt. To quote a leading analyst:

The fact that these governments are sending very high-level people to the conference means they want to get things going. We’re at a rather decisive point where we either move onto substantive negotiations or back to more years of fruitless discussion.

Insightful words indeed. Now who said that?


Patrick Mc Carthy



Photo Credit: "No Space for War" by pluralzed on flickr.

Dealing with Deadlock in Multilateral Disarmament Negotiations

We've had a very interesting start to the week on the disarmament front here in Geneva.

On Monday, the Geneva Centre for Security Policy organised a Negotiation Day to analyse the state of the art of multilateral negotiation with the help of the PIN Group (PIN stands for 'Processes of International Negotiation').

Today, the Russian Foreign Minister, Sergey Lavrov, made a statement formally presenting the Conference on Disarmament with a draft treaty on the 'Prevention of the Placement of Weapons in Outer Space, the Threat or Use of Force Against Outer Space Objects' (PPWT).

The same question ran through my mind at both events: How can multilateral negotiation processes best deal with deadlock when it occurs? In other words, when parties to a multilateral negotiation find themselves in a mutually hurting stalemate but cannot find an obvious way out, what options are open to them?

Moday's negotiation day offered a number of mostly theoretical answers that focused mainly on diluting or re-interpreting the consensus rule in order to allow for more fluid decision-making. This may seem like a good idea but, unfortunately, is not always practicable.

In the case of the Conference on Disarmament, for example, this strategy simply won't work since the consensus rule is formally enshrined in the Conference's rules of procedure. Changing these rules to allow for majority decision-making would itself require consensus; an impossible prospect given that the States likely to be marginalised by such a development would never support it.

In any case, the consensus rule in the Conference on Disarmament did not come about by accident. It is similar in some respects to the veto power of permanent members of the UN Security Council insofar as it reassures the larger powers that the Conference cannot agree disarmament or arms control measures against their respective wills. Whereas only 5 States wield vetoes in the Security Council, however, in the Conference on Disarmament all 65 member States do so.

The presence of Mr. Lavrov in the Conference on Disarmament today provided a more practical illustration of another strategy that may be used to overcome deadlock in multilateral negotiations - bringing in the big guns to apply a high-voltage defibrillator to what some describe as a moribund body (clear!).

Mr. Lavrov is just the latest in a stream of top-level officials to have passed through Geneva in recent weeks in an attempt to revive the Conference. Last week it was the UK Defence Minister, Des Browne, and the Administrator of the US National Nuclear Security Administration, Thomas D'Agostino. The week before that it was UN Secretary-General Ban Ki-moon who delivered a particularly frank call for the Conference finally to begin negotiating. Nor is Mr. Lavrov likely to be the last high-level official to stop by Geneva in an attempt to get things moving again.

But there is also a third strategy for dealing with deadlock in multilateral disarmament negotiations and that is changing the forum in which the negotiations take place. This strategy may not always work, but there is evidence for its effectiveness in some cases.

The most obvious example is the Anti-Personnel Mine Ban Convention. When the best that States Parties to the Convention on Certain Conventional Weapons (CCW) could do in 1996 was to agree to regulate, not ban, the use of anti-personnel mines, this led a small group of States and the International Campaign to Ban Landmines to take the negotiations out of the United Nations. By the following year, this stand-alone process produced a treaty banning anti-personnel mines that today has 156 States Parties.

A similar thing has recently happened with cluster munitions. Again, it was the inability of States Parties to the CCW to agree a negotiating mandate that would address the humanitarian impact of cluster munitions that led Norway at the end of 2006 to invite interested States to Oslo to begin a stand-alone process to negotiate a treaty banning cluster munitions that cause unacceptable harm to civilians. Over 80 States now subscribe to the Oslo Process, over 110 are registered to participate in its next meeting in Wellington, New Zealand (next week) and a diplomatic conference in Dublin at the end of May will negotiate a new Cluster Munitions Convention. In the meantime, the CCW has also been spurred into action and has agreed a negotiating mandate, albeit a vague one, on cluster munitions with the result that, from nothing, we now have two parallel negotiating processes on this issue.

Interestingly, a similar strategy of changing the venue of negotiations has also been tried out on the Conference on Disarmament. In 2005 at the UN General Assembly's First Committee on disarmament and international security, a group of States proposed to create ad-hoc committees in the General Assembly that would essentially do the Conference on Disarmament's work until such time that the Conference was in a position to do so itself. Unsurprisingly, the idea did not go down well with the Permanent Members of the Security Council and the proposal was withdrawn, albeit with the proviso that it might be re-introduced at a later date if there was still no progress in the Conference on Disarmament.

That was over two years ago and the Conference on Disarmament is still deadlocked. Time to try another strategy perhaps? Any bright ideas out there?

Patrick Mc Carthy


Photo Credit: 'Locked' by Pedro Da Silva on Flickr