India, ENR and NSG - G. Balachandran
Therefore, India should refuse the offer of NSG membership even if it is offered to India in the absence of NPT membership so long as the NSG does not consider transfer of ENR technologies to India under proper safeguards as a legitimate requirement for the progress of Indian civilian nuclear programme.
Good article, encapsulates some of the known facts..One disconnect though..
Therefore, a transfer of ENR technology to India under the current environment can be made only if India agrees to such conditions i.e. allow for an examination by IAEA or mutually agreed experts to decide whether or not any similar ENR facility constructed by India subsequent to an ENR transfer is or is not based on the transferred technology i.e. whether or not the constructed facility should or should not be covered by IAEA safeguards. If India should consider such a condition a violation of its freedom to separate the civilian and military facilities and not agreeable to it, then transfers of ENR technologies to India may not be possible even if NSG does not bar ENR transfers.
The NSG "waiver" is on civilian nuke trade, not for military! So any imported ENR facility will be under safeguards, by definition...The question of "similar" is a bit of a red herring, how does anyone know if a new ENR facility built by BARC is "similar" to imported tech or not, unless stated by India?
About the rest its a good article...
However, the prescriptions are out of wack..
Currently, NSG is considering on how to accommodate India as an NSG member. As NPT membership is also a criterion for admittance of new members to NSG, the NSG will, therefore, have to craft a language that will allow India to circumvent this requirement.
Any issuance of guidelines by NSG is a laborious, time-consuming process..Its by consensus - it took years of deliberations before the ENR guideline was passed...The US isnt going to spend political capital to hasten it out the way it did last time around...In any case, the "battle" has to be fought bilaterally with individual countries, on commercial negotiations..So why waste time on international law making?
If, however, the NSG is unwilling to consider such a move then India may reconsider its approach to the issue of NSG membership and decline NSG’s offer of NSG membership
This would be very foolish...NSG loses nothing by not having India as a member..However, by being a full member, India ensures that no guidelines can go out that is inimical to our interests, even peripherally, like the latest one on ENR...Its a no-brainer, with NSG working only by consensus, India as a member has veto over all decisions...Especially, on Chinese shenanigans on offering a similar waiver to Pakistan...Once India is on board, Pak will never get a waiver, unless its on India's terms...
BTW, the "fight" has already been opened..France...http://www.thehindu.com/news/national/a ... epage=true
This exemption reflects the unique situation of India and constitutes a historical achievement. Therefore, in the French view, nothing in the existing and future guidelines shall be interpreted as detracting from that exemption or reducing the ambition of our bilateral cooperation
“This agreement aims at expanding our existing cooperation to ‘full civil nuclear cooperation for the development and use of nuclear energy for peaceful purposes’...,” he said. The ambassador emphasised that this “covers all aspects of a civilian nuclear program, including nuclear reactors, nuclear fuel cycle, nuclear fuel and nuclear waste management, and scientific cooperation”.
Euros work better, especially in a scenario of a stressed Euozone, than legal niceties