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CONFIDENTIAL
DSR 11C
certain phrases which could commit the UK to accept
certain aspects of maritime law which we
recognise. This problem would need to be circumvented by
an explanation of the definition which is acceptable to
us.
(d) the meaning of "nuclear explosive device" in the
Treaty and Protocols I and II is unclear and could be
taken to include nuclear power plants or nuclear powered
vessels and equipment, as well as nuclear weapons and so
called peaceful nuclear explosions. South Pacific Forum
representatives have assured us that only the last 2
meanings are intended. Were we to contemplate adherence
to any of the Protocols it would be necessary to put on
our record our understanding of the term. Our legal
right to do so is unclear.
(e)
Adherence to Protocol II, Article II of which
contains an undertaking not to contribute to any act of a
Party which constitutes a violation of the Treaty, could
be read as implying an undertaking on our part to accept
a nuclear safeguard agreement which goes further than
that which we are prepared to accept. Although South
Pacific Forum representatives have given a assurances
that our existing safeguards agreement with the IAEA is
sufficient in respect of transfers of Australian uranium
to the UK it would be prudent to obtain written Confrm →→
DAR
clarification on this part were adherence to this
Protocol contemplated. (It is also to be noted that
adherence to Protocol I would involve an obligation on
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