Статус Протокола 2 к Договору о безъядерной зоне южной части Тихого океана (Договор Раротонга) (Сува, 8 августа 1986 года) [рус., англ.]
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СТАТУС ПРОТОКОЛА 2
К ДОГОВОРУ О БЕЗЪЯДЕРНОЙ ЗОНЕ ЮЖНОЙ ЧАСТИ
ТИХОГО ОКЕАНА (ДОГОВОР РАРОТОНГА)
(СУВА, 8 АВГУСТА 1986 ГОДА)
| Государство | Подписание | Депонирование | Вид депонирования | ||
| Китай | 10.02.1987 | 21.10.1988 | <*> | Ратификация | |
| Российская Федерация | 15.12.1986 | 21.04.1988 | <*> | Ратификация | |
| Соединенное Королевство Великобритании и Северной Ирландии | 25.03.1996 | 19.09.1997 | <*> | Ратификация | |
| Соединенные Штаты Америки | 25.03.1996 | ||||
| Франция | 25.03.1996 | <*> | 20.09.1996 | Ратификация | |
PROTOCOL 2 TO THE SOUTH PACIFIC NUCLEAR FREE ZONE TREATY
| Adopted at 17th South Pacific Forum: Suva, Fiji, 8 — 11 August 1986 | Number of States Parties: 4 |
|---|---|
| Opened for Signature: 1 December 1986 |
<*> A note, statement, declaration, or reservation, is attached to the signature or depository action.
«The South Pacific countries have concluded the South Pacific Nuclear Free Zone Treaty after years of hard work. This is an important step taken by them to maintain peace and security in the region, which reflects the common aspirations and just demand of the people of the South Pacific countries in opposing [the] nuclear arms race and nuclear war. The Government of the People's Republic of China has decided to sign Protocols No. 2 and No. 3 attached to the South Pacific Nuclear Free Zone Treaty in Suva on 10 February 1987 in support of the contracting parties to the Treaty and in response to their request.»
«The Chinese Government has all along respected and supported the position of non-nuclear States in their demand for establishing nuclear free zones by agreement reached through consultation on a voluntary basis and in light of the actual conditions of their respective regions. It holds that nuclear weapon States should respect the status of nuclear free zones and undertake obligations accordingly. The Chinese Government has all along stood for complete prohibition and thorough destruction of nuclear weapons. The Chinese Government has repeatedly stated that at no time and under no circumstances will China be the first to use nuclear weapons and that China will not use or threaten to use nuclear weapons against any non-nuclear States or nuclear free zones.»
«The Government of the People's Republic of China now solemnly declares that China respects the status of the South Pacific Nuclear Free Zone and that China will neither use or threaten to use nuclear weapons against the South Pacific Nuclear Free Zone nor test nuclear weapons in this region.»
At the same time, the Chinese Government deems it necessary to point out:
«1. The Chinese Government's signing of the above-mentioned two Protocols does not imply that China has changed its well-known principled position on the Treaty on the Non-Proliferation of Nuclear Weapons and the Partial Nuclear Test Ban Treaty.»
«2. China will fulfill its obligations assumed under Protocols No. 2 and No. 3 attached to the South Pacific Nuclear Free Zone Treaty.»
However, the Chinese Government reserves its right to reconsider these obligations if other nuclear weapon States or the contracting parties to the Treaty take any action in gross violation of the Treaty and its attached Protocols, thus changing the status of the nuclear free zone and endangering the security interests of China.
«The Chinese Government believes that to make the South Pacific a real nuclear free zone, those States in possession of large nuclear arsenals have a special responsibility.»
«The Chinese Government is ready to join the South Pacific countries and all the other peace-loving countries to work unremittingly for safeguarding peace and security in the South Pacific region and the world as a whole and for reaching the ultimate goal of complete prohibition and thorough destruction of nuclear weapons.»
«The French Government, in signing the three additional Protocols to the Treaty of Rarotonga establishing a Nuclear Weapon Free Zone in the South Pacific, and subject to the completion of the necessary constitutional procedures for its entry into force with respect to France, makes the following reservations and the following interpretative declarations:»
«- no provision of the Protocols or the articles of the Treaty to which the Protocols refer shall impair the full exercise of the inherent right of self-defence provided for in Article 51 of the United Nations Charter.»
«- the commitment set out in article 1 of Protocol 2 amounts to the negative security assurances given by France to non-nuclear-weapon States which are parties to the Treaty on the Non-Proliferation of Nuclear Weapons such as they were reaffirmed in the statement made on 6 April 1995 by France's representative to the Conference on Disarmament and referred to by resolution 984 of the United Nations Security Council. These assurances shall not apply to States which are not parties to the Treaty on the Non-Proliferation of Nuclear Weapons.»
Membership of the Union of Soviet Socialist Republics (USSR) in the United Nations is continued as from 24 December 1991 by the Russian Federation. As from that date, the Russian Federation maintains full responsibility for all the rights and obligations of the USSR under the Charter of the United Nations. As from that date, the Russian Federation continues to exercise its rights and honour its commitments deriving from international treaties concluded by the USSR and performs the functions formerly performed by the Government of the USSR as depositary of international treaties.
** With the following statement:
«1. The Soviet Union proceeds from the premise that the transportation of nuclear explosive devices by parties to the Treaty anywhere within the limits and outside the limits of the nuclear-free zone in the Southern Pacific is covered by the prohibitions envisaged by point „A“ of Article three of the Treaty, in which the sides commit themselves „not to exercise control over any nuclear explosive devices in any form, anywhere within the limits and outside the limits of the nuclear-free zone“ [sic].»
«2. Point two of Article five of the Treaty permits that each party to the Treaty is entitled to taking on its own a decision as regards whether calls of foreign ships and flying vehicles carrying nuclear explosive devices at its ports and airfields or their transit through its territorial sea, archipelago waters and air space be allowed. In that connection the Soviet Union reaffirms its stand that the permission of transit of nuclear weapons or other nuclear explosive devices in any form and the calls at the ports and airfields within the limits of the nuclear-free zone of foreign war ships and flying vehicles with nuclear explosive devices on board would be in conflict with the aims of the Treaty and incompatible with the nuclear-free status of the zone.»
«3. In the event of any actions undertaken by the state or states, which are parties to the Rarotonga Treaty, in violation of their main commitments under the Treaty connected with the non-nuclear status of the zone and perpetration by one or several states parties to the Treaty of an act of aggression with the support of a state having nuclear weapons or jointly with it with the use by such a state of the territory, air space, territorial sea or archipelago waters of those countries for calls by naval ships and flying vehicles with nuclear weapons on board or transit of nuclear weapons, the Soviet Union will have the right to consider itself free from the commitments undertaken under Protocol Two to the Treaty. In the event of any other actions by the parties to the Treaty incompatible with their non-nuclear status, the USSR reserves for itself the right to reconsider the commitments undertaken under the said Protocol.»
«4. The Soviet Union proceeds from the premise that the commitments undertaken by it under Protocol Two to the Rarotonga Treaty also apply to the territory to which the status of the nuclear-free zone applies under Protocol One to the Treaty. In so doing, the Soviet Union reaffirms its stand on the granting of independence to the colonial countries and peoples under the U.N. Declaration on that issue (U.N. General Assembly resolution 1514 (XV) of 14 December 1960).»
«5. The Soviet Government declares that the provisions of the Articles of Protocols Two and Three can apply to the text of the Treaty on a nuclear-free zone in the Southern Pacific in the wording of the Treaty as it has been formulated by the time of the signing of the Protocols by the USSR Government, considering its stand set forth in this Statement. In this connection, no amendment to the Treaty that would come into force in accordance with the provisions of Article eleven or any change in the geographical outlines in the nuclear-free zone as set forth in point „A“ of Article one and described in Supplement one to the Treaty would be binding for the USSR without its explicit consent.»
United Kingdom of Great Britain and Northern Ireland
«The Government of the United Kingdom believe that universal adherence to and compliance with international agreements seeking to prevent the proliferation of weapons of mass destruction are vital to the maintenance of world security.»
«The Government of the United Kingdom will not be bound by their undertaking under Article 1 of Protocol 2:»
«a) in the case of an invasion or any other attack on the United Kingdom, its dependent territories, its armed forces or other troops, its allies or a State towards which it has a security commitment, carried out or sustained by a party to the Treaty in association or alliance with a nuclear-weapon State;»
«b) if any party to the Treaty is in material breach of its own non-proliferation obligations under the Treaty.»