This Article goes into how this deal was drafted and explains the mindset of people involved in the negotiations. As the word NEGOTIATION means, both the parties have to compromise on SOME of the issues and hope to get the REST. After reading the 123 & IAEA Agreements, I found only one Clause to be somewhat objectionable and I could not get a satisfactory answer from people on the forums. To my surprise even this article does not address that and it is:
Clause 10 of the IAEA agreement states, “Nothing in this Agreement shall affect other rights and obligations of India under international law.”
Since India is not a signatory to NPT & CTBT, it has no rights but how about its obligations under them. Not signing may not remove India’s obligations if it is a LAW.
NPT does not recognize India as a nuclear weapon state, thus what will happen if India were to test a bomb. Before India was not a signatory to any agreement so it had no accepted obligations. Today India would be a signatory to this IAEA Agreement so it could have obligations. This is MY ONLY CONCERN and officials could look into this if warranted.
India is an unrecognized (recognized) responsible nuclear state and therefore I do not feel that there would be any repercussions if India were to test a bomb. This is my BELIEF (Gut feeling) and feel that India should go ahead. Furthermore, US has too many Indian Americans who could play a vital role in framing any future US policy t
RE:Clause 10
by Nimesh Dikshit on Jul 14, 2008 10:44 PM Permalink
can you make US issue visa to Modi? could indians stop US from sending War Ships during 1972? could indians stop US from asking india to restrain during Kargil? could indians stop US from putting senctions on India after 1998 test? I am a big supporter of Indo-US agreement. But staying in US - you can not be anti US policies if US is obligated to act according to its law. So let the Politicians in India decide, there is no role for US - Indian origin - citizens to play in this...
RE:Clause 10
by AK on Jul 14, 2008 10:58 PM Permalink
You have asked too many questions and to answer them would be giving a lecture on World Politics and may not be able to understand them.
All I will say that Open your mind and see the future. Even US, Russia & China are no longer enemies but cautious friends.
RE:Clause 10
by Nimesh Dikshit on Jul 14, 2008 11:08 PM Permalink
your problem is you under estimate everything. you under estimated US foreign policy - and hence think that US indians would be able to guide the foreign policy of US about india in future - just as you under estimated my capabilities to understand your discourses on those questions. All i was trying to say, was Let India deal with it - the way they want - don't create the hype of strength of Indians in US. To say that Indians can guide or sterr the foreign policy of US towards India is hyperbolle and not even a wishful thinking. BTW, my press release to support N-Deal was even printed in many nationalist news papers and magazines in India. So do not advise me on looking into the future. I am nationalist Hindu, and I know the visions and predictions of Swami Vivekanand and Sri Aurobindo - vis a vis US's relationship with India is concerned. 'nuph said.
RE:Clause 10
by AK on Jul 14, 2008 11:21 PM Permalink
Just beacsue you have written articles in newspapers, it does not mean you have an open mind.
Open mind means read and comment on issues. You did not even read my statement. I stated Indian Americans "COULD" play a vital role...similar to Jewish Americans.
I am sure you have your opinion on US invading Afghanistan & Iraq eventough you are not a citizen of either.
So you should not be paranoid about my comments but answer my concern if you are so knowledgeable or discuss issues on the Agreements.
RE:Clause 10
by CSHut on Jul 15, 2008 04:31 AM Permalink
Appreciate your viewpoints. Testing under the deal is allowed, if India is threatened. Also, testing may not be required anymore, as most advancements can be made by super computer simualtion. Testing is just a good deterrant tool...but that would mean under severe threat.
RE:Clause 10
by Nimesh Dikshit on Jul 15, 2008 03:26 AM Permalink
AK, To answer your concerns, all are hypothetical. How the future would work out, and is it worth gambling this deal is the question that needs to be answered. It is possible that India and some of its industries would become dependable on this energy. And then to do a test would be economically just not possible, for the slightest fear of making lacks of people unemployed and billions may go in waste. The question is do you want to gamble or not? It may be possible that USA may well be a great friends with india, and together they bring about new world order. Or may be india would be perpectually in state of fear from N power of Pakistan and China. Thats the call. What I believe is while India must pursue good relations and some such tie with US, there is no need to act like there is no tomorrow. Its a destiny of India and US to work together - and that can happen only if India acts like a country and not begger. Like NDA did the test w/o worrying about the sactions. And they, like you, banked on the NRIs wealth in terms of India bond, and sailed through the hardships of the sanctions.
RE:Clause 10
by AK on Jul 15, 2008 08:27 PM Permalink
You are correct in saying that lot of answers are hypothetical.
Legally, language of the agreement wise, I do not see any problem except the concerns about Clause 10, I gave my opinionon my gut feeling.
Today KRISHNAKUMAR P wrote a article that explains some of the salient points of this agreement. He explains that this agreement is for civilina nuclear cooperation and thus military aspect does not come into picture, so I assume that India's obligations under NPT & CTBT remain status quo.
I have been advocating that India should not have FEAR of US.
If there are no concerns left, then this is as good a time as any. India should go ahead irrespective of consequences.
RE:Clause 10
by Nithin Sadasivan on Jul 15, 2008 12:01 AM Permalink
The only repercussions India is going to face is the same it faced when it tested its first nuke in 1974, the outside fuel supplies are going to dry up. Since the IAEA deal have a clause saying India can take "corrective measures" faced with such a situation is good as it does not say what kind of corrective measures.
