The US–India nuclear agreement: progress toward nuclear cooperation with India and a new paradigm in non-proliferation policy Online publication date: Thu, 09-Aug-2007
by Jay R. Kraemer, Frank Aum
International Journal of Nuclear Law (IJNUCL), Vol. 1, No. 4, 2007
Abstract: The enactment of the Henry J. Hyde United States–India Peaceful Atomic Energy Cooperation Act on December 18, 2006 opened the door to a sea change in US nuclear export policy toward India. The new legislation could reverse three decades of US nuclear non-proliferation policy by facilitating India's exemption from the requirement of full-scope safeguards as a prerequisite for nuclear trade and cooperation. Notwithstanding the Hyde Act, however, major US nuclear exports to India remain unlawful until further implementing steps are taken. This article outlines the history of the estranged nuclear trade relations between the US and India and the motivations for reviving substantial civil nuclear cooperation. It then describes the parties' recent agreements and the changes to US law necessary to fulfill those agreements. Finally, the article discusses the provisions of the Hyde Act itself and the remaining principal obstacles to US–India nuclear trade.
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