1) Hyde act is not binding on us. but Us has to follow that. if it puus out of the deal after india investing on nuclear plants, what then? 2) We will have the liberty to make strategic reserve, but What if the nuclear supply group, mostly NPT signaturies, refuse to give Uranium?
3) 123 Agreement is binding on US subject to their National laws (Hyde act presently). What if some other laws are passed in future in US which will go against 123 Agreement?
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by sir on Jul 16, 2008 10:57 AM Permalink
why there is difference in agreement between india us and china us-tuglak sonia and company follwed by corupted officials-no explanation-they should be punished in public for non patriotism-
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by All Right on Jul 16, 2008 10:56 AM Permalink
Hyde Act is a domestic law of the US as a domestic law cannot bind us as a sovereign country.
It is not even mentioned under the 123 or IAEA Agreements except indirectly that nothing in the 123 Agreement will render its implementation contrary to each parties prevailing national laws.
So technically, the Hyde Act has to be followed by the US if they supply us nuclear plants, spares or fuel.
Here is the catch. While the Hyde binds the US as a nuclear supply, being a domestic Act it has no jurisdiction in India. We are only binded to our national law and what we commit in the 123 Agreement.
So in case of a dispute, legally there is nothing the US can do to make us binded to the provisions of the Hyde Act.
Secondly, countries like France, Russia etc do not have such Acts. This makes the US the least favored supplier. If the US nuclear suppliers want to trade with India on a competitive basis, they will put pressure on the US government to pass an amendment to give India a waiver
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by AlbertPinto on Jul 16, 2008 11:13 AM Permalink
Given that countries just as US, China, France, etc are in no hurry to get rid of their nuclear weapons, it is the moral obligation of any government of India to develop nuclear weapons to perfection using underground, overground, and atmospheric nuclear tests (just like the thousands of tests other countries have carried out). Only then we should think about signing such a deal.
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by varghese on Jul 16, 2008 11:49 AM Permalink
The deal is civilian reactors..binding upon it alone..not the ones kept aside for Nukes..by the way without uranium even our power generation will be zero..about these present nuke weapons..Pinto any idea u got about Half life period...hehehh..guys get back to school..man ur nukes are degerating..unless u get ur processed fuels by begging for brown cake u cannot even maintain an decent stock pile of degenerating weapons..thats a bit of half life period..even trusted Russia will not give us fuel..without US YES..so all u got to do is to sign the dotted lines...anyway we do not even have the money to buy their aging reactors..anway not much to worry..they will also finance it..yeah their interest rates will be much lower than ICICI and Munnawallas..or chaddiwallas...thats a big problem..get some air guys...
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by All Right on Jul 16, 2008 11:29 AM Permalink
The two occassions we tested, we attracted sanctions. In fact the NSG was created as a reaction to PokhranII conducted by the NDA govt. So even before the deal we test, we attract the same sanctions. However, after signing the test, if other countries test, it permits India the right to test.
There was a huge time gap of nearly 3 decades between India's first test and the second. Did it any way curb our progress in developing our military program? No way.
We do not need to physically test any more. All over the world this is done by computer simulation using past test data. This is why Vajpayee govt conducted a series of 5 tests to generate the database and then he and Jaswant Singh went on the floor of the UN assured the world that we are not going to test further.
So when was the last nuclear test conducted by any country in the world - not since a decade. The exception being N Korea. And it will remain that way as all nuclear powers have informally agreed that they will ban physical tests
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by AlbertPinto on Jul 16, 2008 11:49 AM Permalink
Incorrect again. If computers were so good at testing machinery, hundreds of expensive LCA test flights would not have been needed. We could have flown LCA five times and then said that there is enough data to do the rest of the testing in computers.
Similary, if computers were so good at testing, France and other countries would not have any need to carry out live nuclear bomb tests (where they actually drop nuclear bombs from a plain and see if its blows up).
Five tests do not lead to anything reliable. Would you ride on a plane that has only been tested five times?
Nuclear weapons are not developed for normal times. They are there to protect the country during unusual times.
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by Shaan Nair on Jul 16, 2008 12:17 PM Permalink
Its true that computer simulation cannot entirely replace physical nuke tests ... how ever the parameters recorded in a series of tests may form the basis to have entirely comp simulated design improvements and to calculate the destructive power. The P5 have stopped testing since the last decade ( france and China were the last ones before pokhran 2) and are entirely relying on computer simulations. As per indian nuke scientists they managed to gather enough inputs for computer based simulations from the pokhran 2 .
Developing a 4th generation fighter is a different ball game all together where the major aspects of avionics , armaments etc depends on numerous sub technologies and their inter compatibility.
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by varghese on Jul 16, 2008 10:45 AM Permalink
Civilian reactors have nothing to do with our Bomb programme..nothing..so if disruption of fule is from USA..other NSG group members will help us..if Hyde or some superhyde comes..it has to be agreed upon and accepted by India..as we are not subject to laws made after this deal is struck...this every body knows..funny fellow..are u not aware of local laws of this land..why do u write without knowing the basis of laws or having insight or commonsense ..if u do not understand simple procedures of law making not underatnd how laws operate or deals are struck..or a pact is amde why scream ur limited knowledge..please guys do some homework..try to study how projects are implemented..how bpos operate,how turnkey projects get handed over,tech transfers between 2 nations..then write ..petty knowledge is dangerous..sucide..
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by roy philip on Jul 16, 2008 10:50 AM Permalink
If you don't know dont talk varghese laws are for fools this partnership will cause harm to the country than good. I takes vision to understand it.
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by murli nair on Jul 16, 2008 01:02 PM Permalink
That is a foolish assumption. If the US refuses to supply fuel, it can damn well coerce other NSG members not to supply as well, just as it can arm twist NSG members into supporitng this agreement. Dont compare India with US, its like comparing a candle with the sun. We have nowhere their influence and power.
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by AlbertPinto on Jul 16, 2008 10:52 AM Permalink
Completely incorrect. NSG countries act as a group when it comes to nuclear issues. If US applies Hyde act, other NSG countries will follow and all the investment in the nuclear energy will go waste. In any case, the deal will make it more difficult for India to refine its nuclear weapons which China, US, and other countries have refined to perfection through thousands of test. 5 tests does not lead to a reliable nuclear deterrent.
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by varghese on Jul 16, 2008 11:35 AM Permalink
how come NSG countries have no national pride..lol..looks like even NSG countries are subject to US laws..and it seems good for each one of them..hehehe..looks like these NSG countries have no national pride..save India..comeon guys give us a break..Pride at what cost..yeah national growth..40 yrs with pride..what ahve we acheived...we cannot even ahve an decent road without holes nationwide..whats the use of this so called national pride when almost all seem to go hungry..lol
