Статус Договора о запрещении ядерного оружия в Латинской Америке (Договор Тлателолко) (Мехико, 14 февраля 1967 года) [рус., англ.]

[неофициальный перевод]

(последние изменения произошли 23 октября 2002 года)

TREATY FOR THE PROHIBITION OF NUCLEAR WEAPONS IN LATIN AMERICA AND THE CARIBBEAN

<*> A note, statement, declaration, or reservation, is attached to the signature or depository action.

Argentina

With the following declaration:

«The Government of the Argentine Republic, upon signing the Treaty for the Prohibition of Nuclear Weapons in Latin America in conformity with article 28, paragraph 1, thereof wishes to express its satisfaction at the inclusion in that instrument of provisions which protect the peaceful development of nuclear energy and, among them, the provisions of article 18 which recognize the right of the Contracting Parties to carry out explosions of nuclear devices for peaceful purposes including explosions which involve devices similar to those used in nuclear weapons or to collaborate with third parties for the same purpose. It is the understanding of the Government of the Argentine Republic that the said provisions ensure the use of nuclear energy as an indispensable aid in the process of development of Latin America and consequently represent the prior and basic condition for laying the ground work of an acceptable balance of mutual responsibilities and obligations for the nuclear and the non-nuclear Powers in the matter of non-proliferation.»

«In signing the Treaty, the Government of the Argentine Republic wishes also expressly to record its satisfaction with the provisions of the resolution, designated as resolution 20 (IV) of the Preparatory Commission for the Denuclearization of Latin America, which serves to interpret the Treaty.»

With the following declaration:

Whereas:

By means of Act No. 24.272, the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean, adopted at Mexico, D.F., United Mexican States, on 14 February 1967, with the amendments introduced on 3 July 1990, 10 May 1991 and 26 August 1992, was approved,

Therefore:

On behalf of the Argentine Government, I ratify the aforesaid Treaty and make the following declarations:

«On the occasion of ratifying the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean of 1967 with the amendments made to its article 7 by means of the Agency for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (OPANAL) resolution No. 267 (E-V), adopted on 3 July 1990, to its article 25 by means of OPANAL resolution No. 268 (XII), adopted on 10 May 1991, and to its articles 14, 15, 16, 19 and 20 by means of OPANAL resolution No. 290 (E-VII), adopted on 26 August 1992, the Argentine Govenrment declares that the Argentine Republic will not be a party to the Treaty for the Prohibition of Nuclear Weapons in Latin Amerca and the Caribbean of 1967, nor will it consider itself to be bound, in whole or in part, by any of the provisions of the Treaty, without the amendments made to its article 7 by means of OPANAL resolution No. 267 (E-V), adopted on 3 July 1990, to its article 26 by means of OPANAL resolution No. 268 (XII), adopted on 10 May 1991, and to its articles 14, 15, 16, 19 and 20 by means of OPANAL resolution No. 290 (E-VII), adopted on 26 August 1992.»

«The Argentine Republic rejects the declaration made by the United Kingdom of Great Britain and Northern Ireland upon signing and ratifying Additional Protocol I and Additional Protocol II to the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean in respect of the Malvinas Islands, South Georgia and South Sandwich Islands and the surrounding maritime areas, and reaffirms its sovereignty over these islands, which form an integral part of its national territory.»

«Accordingly, the reference which the Treaty makes in its article 3 to „its own legislation“ refers exclusively to such legislation as may be consistent with what is set forth above.»

«The Argentine Republic recalls that the United Nations General Assembly has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, by which it recognizes the existence of a sovereignty dispute and requests the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to initiate negotiations with a view to finding the means to resolve peacefully and definitively the problems pending between both countries, including all aspects on the future of the Malvinas Islands, in accordance with the Charter of the United Nations.»

With the following and comments:

In a note dated 19 May 1995 to the Ministry of Foreign Affairs of Mexico, the United Kingdom Government made the following comments on the Argentine Government's declaration upon deposit of its instrument of ratification on 18 January 1994:

«The British Government is in no doubt about the United Kingdom's sovereignty over the Falkland Islands, as well as over South Georgia and the South Sandwich Islands, and therefore is also in no doubt about its right to extend the aforesaid Treaty to these territories. The British Government cannot but reject the unjustified claim of the Argentine Government that the islands form part of Argentine territory.»

With the following declaration:

«The Government of the Argentine Republic, upon signing the amendments to the Treaty of Tlatelolco, makes the following declaration, and reserves the right to make any other declarations that it considers pertinent:»

«The Argentine Republic rejects the declaration made by the United Kingdom of Great Britain and Northern Ireland upon signing and ratifying Additional Protocol I and Additional Protocol II to the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean in respect of the Malvinas Isands, South Georgia and South Sandwich Islands and the surrounding maritime areas, and reaffirms its sovereignty over these islands, which form an integral part of its national territory.»

«Accordingly, the reference which the Treaty makes in its article 3 to „its own legislation“ refers exclusively to such legislation as may be consistentt with what is set forth above.»

«The Argentine Republic recalls that the United Nations General Assembly has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, by which it recognizes the existence of a sovereignty disputeand requests the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to initiate negotiations with a view to finding the means to resolve peacefully and definitively the problems pending between both countries, including all aspects on the future of the Malvinas Islands, in accordance with the Charter of the United Nations.»

Brazil

With the following declaration:

«... In the view of the Brazilian Government, article 18 authorizes signatory States, acting alone or in collaboration with third parties, to carry out explosions of nuclear devices for peaceful purposes-including explosions which involve devices similar to those used in nuclear weapons.»

With the following declaration:

«The Government of Brazil, in ratifying the Treaty, dclares that it is not availing itself of the waiver provided for under the provisions of article 28, paragraph 2, of the instrument in question.»

«The Government of Brazil also reaffirms the contents of its note concerning the interpretation of article 18 of the Treaty, which was delivered to the depositary Government at the time of signature on 10 May 1967 by the Brazilian Plenipotentiary.»

Cuba

• With the following declaration:

«The Government of the Republic of Cuba declares that the obstacles which, up to the present time, have prevented the Republic of Cuba from fully acceding to the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean still exist and continue to have serious implications for Cuba's security. The only nuclear Power in this part of the world, the United States of America, is maintaining a policy of hostility against Cuba; tightening its economic, commercial and financial embargo; strengthening its campaign against our country; and continuing, by force and against the wishes of our people, its illegal occupation of part of the national territory, and even allowing its ships to pass through that area when they are carrying nuclear weapons. In the future, the solution of this problem must be considered a precondition for our country's continued adherence to this Treaty.»

With declaration

Nicaragua

With the following declaration:

«It is the understanding of the delegation of Nicaragua that the prohibitions in this Treaty refer solely to the use of nuclear energy for warlike purposes. Consequently, in signing the Treaty Nicaragua reserves its sovereign right to use nuclear energy, as it deems fit, for such peaceful purposes as the removal of large amounts of earth for the construction of interoceanic or any other type of canal, irrigation works, electric power stations, etc., and to allow the transit of atomic materials through its territory. Furthermore, in accordance with article 28, paragraph 2, of the Treaty, it wholly waives the requirements laid down in paragraph 1 of that article, so that the Treaty shall enter into force for Nicaragua upon deposit of its instrument of ratification.»

Panama

«The Republic of Panama...»

«... by this Instrument;... ratifies the aforementioned treaty for the Prohibition of Nuclear Weapons in Latin America; and... reaffirms the declaration made by the delegation of Panama, which is contained in the Act, upon signing it on 14 February 1967, during the fourth session of the Preparatory Commission for the Denuclearization of Latin America, to the effect that „Panama, by signing the Treaty, committed all of its territory, including the Canal Zone, and the signature or non-signature of the guarantee Protocols by the United States did not change our position in the slightest“.»

Venezuela (Bolivarian Republic of)

With declaration