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LET INDIAN PEOPLE DECIDE WHETHER IT IS RIGHT OR WRONG!!!
by wani bhardwaj on Aug 19, 2007 06:27 PM

Obviously, this is an escape clause for India to test, should it decide to do so in response to testing by China, Pakistan or by any other country. The US can be expected to put pressure on India to desist from testing. In any case, a one-year notice for testing means that India cannot quickly decide to test in response to external stimuli.

Article 14.3 ensures that India doesn't just walk away citing a violation of the agreement by the US. It has to be either a material violation or breach as defined in the Vienna Convention on the Law of Treaties or as determined by the IAEA Board of Governors.

Article 14.4 gives a categorical right of return to the US.

Article 14.5 merely recognises that should the US exercise its right of return, this would have negative consequences for Indo-US relations as a whole, and it would upset India's ongoing nuclear energy and other projects.

Article 14.6 provides for US compensation to India. But neither Article 14.5 nor Article 14.6 gives any legal rights to India. More important, it is categorically stated in Article 14.8 that the provisions of Article 14 regarding the right of return will not affect India's obligations under Article 5.6, which envisages safeguards in perpetuity within the framework of the safeguards agreement that India would have signed with the IAEA.

Disputes: Article 15 only provides for a negotiated settlement of disputes regarding interpretation or implementation. Such negotiations could be open-ended. India has no

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Fallout of delaying the N-deal