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A/RES/39/52 GA

Cessation of all test explosions of nuclear weapons : resolution / adopted by the General Assembly

39
Session
122
Yes
3
No
23
Abstentions
Draft symbol A/RES/39/52
Adopted symbol A/RES/39/52
Category POLITICAL AND LEGAL QUESTIONS
Voeten Topics
P5 Positions
Russia United States United Kingdom China ~ France
UN Document A/RES/39/52 ↗

Vote Recorded VoteA/39/PV.97 Sept. 1, 1984

— Abstain (23)
✗ No (3)
Absent (11)
✓ Yes (122)
Full text of resolution OCR extract — may contain errors
III. Resolutions adopted on the reports of the First Committee 57 Resolution No. Date of adopt/On 39/159 Inadmissibility of the policy of State terrorism and any actions by States aimed at undermining the socio-political system in other sovereign States (A/391761) . . 143 I 7 December 1984 I 7 December 1984 99 99 39/160 Relationship between disarmament and development (A/391745). 55 39/51. Implementation of General Assembly resolu­ tion 38/61 concerning the signature and rati­ fication of Additional Protocol I of the Treaty for the Prohibition of Nuclear Weapons in Latin America (Treaty of Tlatelolco) The General Assembly. Recalling its resolutions 2286 (XXII) of S December 1967, 3262 (XXIX) of 9 December 1974, 3473 (XXX) of 11 December 1975, 32/76 of 12 December I 977, S-10/2 of 30 June 1978, 33/58 of 14 December 1978, 34/71 of 11 December 1979, 35/143 of 12 December 1980, 36/83 of9 December 1981, 37/71 of9 December 1982 and 38/61 of 15 December 1983 concerning the signature and ratifica­ tion of Additional Protocol I of the Treaty for the Prohibi­ tion of Nuclear Weapons in Latin America (Treaty of Tlatelolco ), 2 Taking into account that within the zone of application of that Treaty, to which twenty-three sovereign States are already parties, there are some territories which, in spite of not being sovereign political entities, are nevertheless in a position to receive the benefits deriving from the Treaty through its Additional Protocol I, to which the four States that de Jure or de facto are internationally responsible for those territories may become parties, Recalling that three of those States - the United King­ dom of Great Britain and Northern Ireland, the Kingdom of the Netherlands and the United States of America - became parties to Additional Protocol I in 1969, I 971 and 1981, respectively, l. Deplores that the signature of Additional Protocol I by France, which took place on 2 March 1979, has not yet been followed by the corresponding ratification, notwith­ standing the time already elapsed and the pressing invita­ tions which the General Assembly has addressed to it; 2. Once more urges France not to delay any further such ratification, which has been requested so many times and which appears all the more advisable, since France is the only one of the four States to which the Protocol is open that is not yet party to it; 3. Decides to include in the provisional agenda of its fortieth session an item entitled "Implementation of Gen­ eral Assembly resolution 39/5 l concerning the signature and ratification of Additional Protocol I of the Treaty for the Prohibition of Nuclear Weapons in Latin America (Treaty of Tlatelolco)". 97th plenary meeting 12 December 1984 39/52. Cessation of all test explosions of nuclear weapons The General Assembly, Bearing in mind that the complete cessation of nuclear­ weapon tests, which has been examined for more than twenty-five years and on which the General Assembly has adopted nearly fifty resolutions, is a basic objective of the 2 United Nations, Treaty Series, vol. 634, No. 9068, p. 326. 3 Ibid., vol. 480, No. 6964, p. 43. United Nations in the sphere of disarmament, to the attainment of which it has repeatedly assigned the highest priority, Stressing that on seven different occasions it has con­ demned such tests in the strongest terms and that, since 1974, it has stated its conviction that the continuance of nuclear-weapon testing will intensify the arms race, thus increasing the danger of nuclear war, Convinced that the existing means of verification are adequate to ensure compliance with a nuclear-test ban and that the alleged absence of such means of verification is nothing but an excuse for further development and refine­ ment of nuclear weapons, Reiterating the assertion made in several previous reso­ lutions that, whatever may be the differences on the ques­ tion of verification, there is no valid reason for delaying the conclusion of an agreement on a comprehensive test ban, Recalling that since 1972 the Secretary-General has declared that all the technical and scientific aspects of the problem have been so fully explored that only a political decision is now necessary in order to achieve final agree­ ment, that when the existing means of verification are taken into account it is difficult to understand further delay in achieving agreement on an underground-test ban, and that the potential risks of continuing underground nuclear­ weapon tests would far outweigh any possible risks from ending such tests, Bearing in mind that the three nuclear-weapon States which act as depositaries of the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water3 in the report they submitted on 30 July 1980 to the Committee on Disarmament, after four years of tri­ lateral negotiations, stated, inter a/ia, that they were "mindful of the great value for all mankind that the prohi­ bition of all nuclear-weapon-test explosions in all environ­ ments will have" as well as "conscious of the important responsibility placed upon them to find solutions to the remaining problems", adding furthermore that they were determined to exert their best efforts and necessary will and persistence "to bring the negotiations to an early and successful conclusion",4 Taking into account that the same three nuclear-weapon States undertook twenty years ago, in the above-men­ tioned Treaty, to seek the achievement of the discontinu­ ance of all test explosions of nuclear weapons for all time and that such an undertaking was explicitly reiterated in 1968 in the preamble to the Treaty on the Non-Prolifera­ tion of Nuclear Weapons,5 article VI of which further embodies their solemn and legally binding commitment to take effective measures relating to cessation of the nuclear­ arms race at an early date and to nuclear disarmament, Bearing in mind the growing negative influence that the total lack of compliance with those undertakings had on both the first and the second Review Conferences of the Parties to the Treaty on the Non-Proliferation of Nuclear 4 See CD/ 139/ Appendix 11/vol. II, document CD/ 130. 5 Resolution 23 73 (XXII), annex. 58 General Assembly-Thirty-ninth Session Weapons, held at Geneva from 5 to 30 May 1975 and from 11 August to 7 September 1980, respectively, Convinced that the maintenance of such a situation would not augur well for the third review conference of that Treaty, which is to take place from 22 April to 3 May 1985, and even for the future of the Treaty itself, Deploring that, due to the persistent obstruction of a very small number of its members, the Conference on Dis­ armament has been unable to initiate multilateral negotia­ tion of a treaty for the prohibition of all nuclear-weapon tests, as it was specifically requested to do in General Assembly resolution 38/62 of 15 December 1983, Noting that the Conference on Disarmament has already received various concrete proposals on this question, including a complete draft for the eventual text of the treaty as a whole, l. Reiterates, for the eighth time, its strongest condem­ nation of all nuclear-weapon tests; 2. Reiterates also once again its grave concern that nuclear-weapon testing continues unabated, against the wishes of the overwhelming majority of Member States; 3. Reaffirms its conviction that a treaty to achieve the prohibition of all nuclear-test explosions by all States for all time is a matter of the highest priority; 4. Reaffirms also its conviction that such a treaty would constitute a contribution of the utmost importance to the cessation of the nuclear-arms race and an indispensable element for the success of the Treaty on the Non-Prolifera­ tion of Nuclear Weapons, since it is only through the fulfil­ ment of the obligations under the Treaty that its three depositary Powers may expect all other parties to comply likewise with their respective obligations; 5. Urges once more the three depositary Powers of the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water and of the Treaty on the Non-Proliferation of Nuclear Weapons to abide strictly by their undertakings to seek to achieve the early discontinu­ ance of all test explosions of nuclear weapons for all time and to expedite negotiations to this end; 6. Urges also all States that have not yet done so to adhere to the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water and, mean­ while, to refrain from testing in the environments covered by that Treaty; 7. Reiterates its appeal to all States members of the Conference on Disarmament to initiate immediately the multilateral negotiation of a treaty for the prohibition of all nuclear-weapon tests and to exert their best endeavours in order that the Conference may transmit to the General Assembly at its fortieth session the complete draft of such a treaty; 8. Calls upon the States depositaries of the Treaty Ban­ ning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water and the Treaty on the Non­ Proliferation of Nuclear Weapons, by virtue of their spe­ cial responsibilities under those two Treaties and as a pro­ visional measure, to bring to a halt without delay all nuclear-test explosions, either through a trilaterally agreed moratorium or through three unilateral moratoria; 9. Decides to include in the provisional agenda of its fortieth session the item entitled "Cessation of all test explosions of nuclear weapons". 97th plenary meeting 12 December 198 4 6 Official Records of the General Assembly, Thirty-ninth Session, Supple­ ment No. 27 (A/39/27), sect. 111.A. 39/53. Urgent need for a comprehensive nuclear­ test-ban treaty The General Assembly, Convinced of the urgent need for a comprehensive nuclear-test-ban treaty capable of attracting the widest possible international support and adherence, Reaffirming its conviction that an end to all nuclear test­ ing by all States in all environments for all time would be a major step towards ending the qualitative improvement, development and proliferation of nuclear weapons, a means of relieving the deep apprehension concerning the harmful consequences of radioactive contamination for the health of present and future generations and a measure of the utmost importance in bringing the nuclear-arms race to an end, Recalling that the parties to the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water3undertook not to carry out any nuclear­ weapon-test explosion, or any other nuclear explosion, in the environments covered by that Treaty, and that in that Treaty the parties expressed their determination to con­ tinue negotiations to achieve the discontinuance of all test explosions of nuclear weapons for all time, Recalling also that the parties to the Treaty on the Non­ Proliferation of Nuclear Weapons5recalled the determina­ tion expressed by the parties to the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and under Water in its preamble to seek to achieve the dis­ continuance of all test explosions of nuclear weapons for all time and to continue negotiations to this end, declaring their intention to achieve at the earliest possible date the cessation of the nuclear-arms race and to undertake effec­ tive measures in the direction of nuclear disarmament, Recalling further its previous resolutions on this subject, Taking into account that part of the report of the Con­ ference on Disarmament concerning consideration of the item entitled "Nuclear-test ban" during its session in 1984,6 Also taking into account relevant proposals and initia­ tives put forward in the Conference on Disarmament dur­ ing its session in 1984, Expressing its profound regret that, in spite of strenuous efforts, the Conference on Disarmament was unable to reach agreement on the re-establishment at its session in 1984 of an Ad H oc Committee under item 1 of its agenda, entitled "Nuclear-test ban", Recognizing the important role of the Conference on Disarmament in the negotiation of a comprehensive nuclear-test-ban treaty, Recognizing the importance to such a treaty of the work on a global seismic detection network, assigned by the Conference on Disarmament to the Ad Hoe Group of Sci­ entific Experts to Consider International Co-operative Measures to Detect and Identify Seismic Events, Recalling paragraph 31 of the Final Document of the Tenth Special Session of the General Assembly,7 relating to verification of disarmament and arms control agree­ ments, which stated that the form and modalities of the verification to be provided for in any specific agreement depend on, and should be determined by, the purposes, scope and nature of the agreement, 1. Reiterates its profound concern that, despite the express wishes of the majority of Member States, nuclear testing continues; 7 Resolution S-10 2.
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