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History of the Missile Control
Regime
Bilateral and Multilateral
Agreements
In September 1971 the United States and the Soviet Union
signed the Agreement on Measures to Reduce the Risk of Outbreak
of Nuclear War, which entered into force from the moment of
its signature and has an unlimited duration. The Agreement inter
alia provides for an obligation of both Parties to notify the other
Party in advance of planned missile launches in case missiles are
launched beyond its national territory in the direction of the other
Party.
In May 1972 the governments of the United States and the
Soviet Union concluded the Agreement on the Prevention of Incidents
on and Over the High Seas. The Agreement entered into force
upon signature and remains valid for every following period of three
years unless one of the Parties expresses its intent to terminate
it. In accordance with this Agreement the Parties should notify
each other in advance through Notices to Airmen and Mariners of
their activities on the high seas presenting danger to military
ships navigation or military aircraft in flight. Planned ballistic
missile launches related to the use of international waterways pose
such a danger, which makes it necessary to provide appropriate notifications.
Through such notifications certain areas of the high seas are declared
closed for navigation and aircraft in flight, though it is not required
to report the character of the danger in the area. Notifications
shall be presented not later than three or five days before beginning
of dangerous activities at sea.
The Treaty between the USSR and the USA on the Limitation of
Strategic Offensive Arms (SALT II), which was signed but did
not enter into force, contained an obligation for each Party to
notify the other Party in advance of the conduct of multiple ICBM
launches as well as single ICBM launches outside of its national
territory in any direction. At the same time notifications of single
ICBM launches were not provided for, if they were not planned to
be conducted outside of national territory. Neither were envisaged
notifications of submarine-launched ballistic missiles (SLBM) launches.
It should be emphasized that not one of these earlier agreements
provided for a comprehensive notification of all strategic ballistic
missile launches- ICBM and SLBM.
In May 1988 the USSR and the USA concluded the Agreement
on Notifications of Launches of Intercontinental Ballistic Missiles
and Submarine-Launched Ballistic Missiles which entered into
force on the day of its signing and has an unlimited duration. According
to the Agreement each Party presents a notification of the launch
date, launch area and reentry impact area no less than 24 hours
in advance of the planned launch as applied to any launch of a strategic
ballistic missile: intercontinental ballistic missiles (ICBM) or
submarine-launched ballistic missiles (SLAM). This Agreement was
a new important step reflecting the intention of the Parties to
reduce the danger of an outbreak of a nuclear war, particularly
as a result of misinterpretation, miscalculation or accident.
The START I Treaty which was signed in 1991 and entered
into force in 1994, contains the obligation of the Parties
to notify of any ICBM or SLBM flight tests, including their launches
to place objects into the upper atmosphere or space. In addition
to the information included into advance notifications under the
1988 Agreements, the START I Treaty also provides for reporting
certain important additional parameters of missile launches, - telemetry
broadcast frequencies and modulation types used during the launches,
etc. The provision of such additional data on planned missile launches
increases transparency of activities undertaken by each of the Parties
in the missile fields, decreases the possibility of appearance of
a surprise factor in the strategic relationship between them and,
as a consequence, contributes to global stability.
The Agreement between the USSR and the USA on Establishing Nuclear
Risk Reduction Centers, signed in 1987, was an important
step in establishing mechanisms of notifications of the ballistic
missile launches. These centers have been used, and continue to
be used, to transmit appropriate notifications the list of which
changes as new agreements are reached. To the present time notifications
or ballistic missile launches are transmitted through these Centers
under the above-mentioned agreements and treaties in force.
In addition to the Russian-American agreements on notifications
of launches of ballistic missiles there exist mechanisms based on
the principle of good will according to which such States as Great
Britain and Norway notify Russia in advance of planned launches
of their missiles and at the same time Norway notifies of sounding
rocket launches inasmuch as since they are conducted in the areas
observed by the Russian early warning system and may increase the
danger of misinterpretation of the situation. This is a positive
example of States cooperation with regard to controlling mechanisms
in the missile sphere. Without doubt such forms of cooperation contribute
to enhancing confidence between States and strengthening regional
and global stability.
Since 1999 there an agreement has existed between India and
Pakistan related to notifications of ballistic missiles launches.
The Convention on Registration of Objects Launched into Outer
Space which was opened for signing in 1975 and entered
into force in 1976 provides a useful legal experience in
the context of the problems we are discussing today. Any State may
join the Convention at any time. This Convention established a registration
mechanism of space objects that operates with the direct participation
of the United Nations in the process. Information provided by the
States to the UN for registration of space objects is fully accessible.
Each State reports the following information on such objects:
- name of the State providing information on the object for
its registration;
- designation of the object or its registration number in the
national register;
- date and territory or site of launch;
- main parameters of the orbit of the object;
- general purpose of the object.
States may, at their own discretion, provide the UN with additional
information on registered space objects. It should be noted that
the registration of a space object takes place after its launch
into space.
The Convention on Registration of Space Objects received
a worldwide support and has already been in force for about 25 years.
At the same time, it should be admitted that there is still no regime
or practice of advance notification of launches of space delivery
vehicles.
Source:
http://www.fas.org/nuke/control/mtcr/news/GSC_content.htm#concept
Global
Control System
An international meeting of experts was held on 16
March 2000 in Moscow to discuss the Russian proposal to create a
Global Control System (GCS) for the non-proliferation of missiles
and missile technology. This new mechanism would be based on voluntary
cooperation among the participating states and would involve no
military enforcement measures or sanctions.
The GCS, with an emphasis on openness, would be a universal transparency
regime for launches of ballistic missiles and space delivery vehicles,
including, as a component, a multilateral advance notification regime
for planned launches of such missiles, as suggested by several states
on various occasions.
The GCS could involve:
- a regime of transparency and mutual information on
missile launches. This would entail exchanging information on launches
of missiles and spacecraft, and could be facilitated by the creation
of an international technical centre dedicated, in particular, to
observation;
- a security guarantee mechanism for the participating states having
renounced the possession of WMD delivery systems, in order to protect
those countries against any threat to their security;
- an incentive arrangement for those same states, involving, for
example, international aid which could take the form of a contribution
to the development of their national space programmes or to some
other form of participation in space activities;
- an international consultation mechanism in order to improve upon
the tools and mechanisms of the GCS and to resolve any problems
encountered. Such a mechanism would guarantee the effective functioning
of the system.
An important confidence-building component of the GCS is the
Joint Data Exchange Center (JDEC), with the maintenance of the
center's infrastructure under the auspices of a UN body. The JDEC
would have the following primary tasks:
- to receive, process, and systematize data on planned
and conducted launches of ballistic missiles and space launch vehicles;
- to formulate and convey reports containing information on planned
and conducted launches of ballistic missiles and space launch vehicles
to regime participants;
- to organize operational consultations of representatives of participating
states on issues related to the conduct of launches of ballistic
missiles and space launch vehicles;
A second important confidence-building component of the GCS is
the missile launch transparency regime. This would provide
for the voluntary provision of information (the timing, scope and
format of which shall be agreed) on ballistic missile and space
launch vehicle launches being prepared or already conducted, as
well as the technical monitoring of missile launches with the help
of detection and observation means. The implementation of the missile
launch transparency regime could be assigned to a suitable international
technical center. The Russians have suggested that the establishment
of the transparency regime and corresponding international technical
center should be based upon multilateral agreement.
Sources:
http://www.fas.org/nuke/control/mtcr/news/GSC_content.htm#concept
http://www.ceip.org/files/Publications/PikayevGlobalControlSystem.asp?from=pubdate
MTCR1, p. 34 and 46
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