東南アジア非核地帯条約
Southeast Asia Nuclear Weapon-Free Zone Treaty
(Bangkok Treaty)



 ASEAN加盟7カ国(当時)とラオス、カンボジア、ミャンマー
1996年12月15日
Treaty on the Southeast Asia Nuclear-Weapon-Free Zone


条約の内容(要旨)

 【前文】

The States Parties to this Treaty:
 条約の締結国は、

DESIRING to contribute to the realization of the purposes and principles of the Charter of the United Nations;
国連憲章の目的と原則の実現に貢献することを望み

DETERMINED to take concrete action which will contribute to the progress towards general and complete disarmament of nuclear weapons, and to the promotion of international peace and security;
▽核兵器の普遍的で完全な廃絶への過程と国際平和、安全へ貢献するための具体的な行動をとることを決意し

REAFFIRMING the desire of the Southeast Asian States to maintain peace and stability in the region in the spirit of peaceful coexistence and mutual understanding and cooperation as enunciated in various communiques, declarations and other legal instruments;
▽平和的な共存と相互理解、協力の精神で、地域の平和と安定を保とうとする東南アジア諸国の意思を再確認し

RECALLING the Declaration on the Zone of Peace, Freedom and Neutrality (ZOPFAN) signed in Kuala Lumpur on 27 November 1971 and the Programme of Action on ZOPFAN adopted at the 26th ASEAN Ministerial Meeting in Singapore in July 1993;

REAFFIRMING the importance of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) in preventing the proliferation of nuclear weapons and in contributing towards international peace and security;

RECALLING Article VII of the NPT which recognizes the right of any group of States to conclude regional treaties in order to assume the total absence of nuclear weapons in their respective territories;

RECALLING the Final Document of the Tenth Special Session of the United Nations General Assembly which encourages the establishment of nuclear weapon-free zones;
(中略)

RECALLING the Principles and Objectives for Nuclear Non-Proliferation and Disarmament, adopted at the 1995 Review and Extension Conference of the Parties to the NPT, that the cooperation of all the nuclear-weapon States and their respect and support for the relevant protocols is important for the maximum effectiveness of this nuclear weapon-free zone treaty and its relevant protocols.
▽1995年の核拡散防止条約(NPT)再討・延長会議で採択された「核不拡散と核軍縮の諸原則及び目標」を想起し

DETERMINED to protect the region from environmental pollution and the hazards posed by radioactive wastes and other radioactive material;
▽環境汚染や放射性廃棄物と放射性物質による被害から地域を守ることを決意し、

HAVE AGREED as follows:
以下の通り合意した。


東南アジア非核地帯条約

Article 1
USE OF TERMS
第一条 

For the purposes of this Treaty and its Protocol:
(a) "Southeast Asia Nuclear Weapon-Free Zone", hereinafter referred to as the "Zone", means the area comprising the territories of all States in Southeast Asia, namely, Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia,
Myanmar, Philippines, Singapore, Thailand and Vietnam, and their respective continental shelves and Exclusive Economic Zones (EEZ);

(b) "territory" means the land territory, internal waters, territorial sea, archipelagic waters, the seabed and the sub-soil thereof and the airspace above them;

(c) "nuclear weapon" means any explosive device capable of releasing nuclear energy in an uncontrolled manner but does not include the means of transport or delivery of such device if separable from and not an indivisible part
thereof;

(d) "station" means to deploy, emplace, implant, install, stockpile or store;

(e) "radioactive material" means material that contains radionuclides above clearance or exemption levels recommended by the International Atomic Energy Agency (IAEA);

(f) "radioactive wastes" means material that contains or is contaminated with radionuclides at concentrations or activities greater than clearance levels recommended by the IAEA and for which no use is foreseen; and

(g) "dumping" means

(i) any deliberate disposal at sea, including seabed and subsoil insertion, of radioactive wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea, and

(ii) any deliberate disposal at sea, including seabed and subsoil insertion, of vessels, aircraft, platforms or other man-made structures at sea, containing radioactive material,but does not include the disposal of wastes or other matter incidental to, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of
such matter or derived from the treatment of such wastes or other matter on such vessels, aircraft, platforms or structures.

東南アジア非核兵器地帯は東南アジア諸国家の領土、大陸棚と経済専管水域で構成される。国家はブルネイ、カンボジア、インドネシア、ラオス、マレー
シア、ミャンマー、フィリピン、シンガポール、タイ、ベトナム。
Article 2
第二条 (略)

APPLICATION OF THE TREATY

1. This Treaty and its Protocol shall apply to the territories, continental selves, and EEZ of the States Parties within the Zone in which the Treaty is in force.

2. Nothing in this Treaty shall prejudice the rights or the exercise of these rights by any State under the provisions of the United Nations Convention on the Law of the Sea of 1982, in particular with regard to freedom of the high seas, rights of innocent passage, archipelagic sea lanes passage or transit passage of ships and aircraft, and consistent with the Charter of the United Nations.



Article 3
BASIC UNDERTAKINGS
 第三条 

1. Each State Party undertakes not to, anywhere inside or outside the Zone:
(a) develop, manufacture or otherwise acquire, possess or have control over nuclear weapons;
(b) station or transport nuclear weapons by any means; or
(c) test or use nuclear weapons.

2. Each State Party also undertakes not to allow, in its territory, any other State to:
(a) develop, manufacture or otherwise acquire, possess or have control over nuclear weapons;
(b) station nuclear weapons; or
(c) test or use nuclear weapons.
1締約国は、この地帯の内外で、核兵器の開発、製造、取得、所有、管理、配備、輸送、実験、使用をしない。

2他国に、この地帯内で核兵器の開発、製造、取得、所有、管理、配備、実験、使用を許可しない。

3. Each State Party also undertake not to:

(a) dump at sea or discharge into the atmosphere anywhere within the Zone any radioactive material or wastes;
3a放射性物質・廃棄物の地帯内での海中投棄、大気中への排出をしない。

(b) dispose radioactive material or wastes on land in the territory of or under the jurisdiction of other States except as stipulated in Paragraph 2 (e) of Article 4; or
b他国の領土で放射性物質・廃棄物の投棄は、第四条二項を除き行わない。

(c) allow, within its territory, any other State to dump at sea or discharge into the atmosphere any radioactive material or wastes.
c他国が地帯内で放射性物質・廃棄物の海中投棄や大気中に排出することを許可しない。

4. Each State Party undertakes not to :

(a) seek or receive any assistance in the Commission of any act in violation of the provisions of Paragraphs 1, 2 and 3 of this Article; or
(b) take any action to assist or encourage the Commission of any act in violation of the provisions of Paragraphs 1, 2 and 3 of this Article.

4上記に違反する行為の委託に関して、援助を受けたり求めたりしない。違反行為の委託を助け、奨励する行動をとらない。

Article 4
USE OF NUCLEAR ENERGY FOR PEACEFUL PURPOSES
 第四条 

1. Nothing in this Treaty shall prejudice the right of the States Parties to use nuclear energy, in particular for their economic development and social progress.
1この条約は締約国が核エネルギーを使用する権利、特に経済開発や社会発展のために使用する権利を阻害しない。


2. Each State Party therefore undertakes:

(a) to use exclusively for peaceful purposes nuclear material and facilities which are within its territory and areas under its jurisdiction and control;

(b) prior to embarking on its peaceful nuclear energy programme, to subject its programme to rigorous nuclear safety assessment conforming to guidelines and standards recommended by the IAEA for the protection of health and minimization of danger to life and property in accordance with Paragraph 6 of Article III of the Statute of the IAEA;

(c) upon request, to make available to another State Party the assessment except information relating to personal data, information protected by intellectual property rights or by industrial or commercial confidentiality, and
information relating to national security;

(d) to support the continued effectiveness of the international non-proliferation system based on the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the IAEA safeguard system; and

(e) to dispose radioactive wastes and other radioactive material in accordance with IAEA standards and procedures on land within its territory or on land within the territory of another State which has consented to such disposal.

2締約国は領土内で、平和目的だけのために核物質や施設を使用できる。平和的な核エネルギー計画を開始する前に、健康の保護と生命への危険を最小限にするために、国際原子力機関(IAEA)が勧告しているガイドラインや基準に適応する安全性検査を行う。

3. Each State Party further undertakes not to provide source or special fissionable material, or equipment or material especially designed or prepared for the processing, use or production of special fissionable material to :

(a) any non-nuclear-weapon State except under conditions subject to the safeguards required by Paragraph 1 of Article III of the NPT; or

(b) any nuclear-weapon State except in conformity with applicable safeguards agreements with the IAEA.

(中略)

放射性廃棄物・物質の投棄は、IAEAの基準と手続きに従って、締約国の土地及び投棄に同意したほかの締約国の土地に行う。(略)


Article 5
IAEA SAFEGUARDS
 第五条 

Each State Party which has not done so shall conclude an agreement with the IAEA for the application of full scope safeguards to its peaceful nuclear activities not later than eighteen months after the entry into force for that State Party of the Treaty.
IAEAと保障措置(核査察)協定を締結していない締約国は本条約発効から、十八カ月以内に協定を締結する

Article 6
EARLY NOTIFICATION OF A NUCLEAR ACCIDENT
 第六条 

Each State Party which has not acceded to the Convention on Early Notification of a Nuclear Accident shall endeavour to do so.
原子力事故通報条約を締結していない締約国は、同条約を締結する。


Article 7
FOREIGN SHIPS AND AIRCRAFT
 第七条 

Each State Party, on being notified, may decide for itself whether to allow visits by foreign ships and aircraft to its ports and airfields, transit of its airspace by foreign aircraft, and navigation by foreign ships through its territorial sea or archipelagic waters and overflight of foreign aircraft above those waters in a manner not governed by the rights of innocent passage,
archipelagic sea lanes passage or transit passage.
外国の船舶、航空機の寄港、航空機の領空通過、船舶の領海内の航行、航空機の領海上空飛行の許可は各締約国が決定する。


Article 8
ESTABLISHMENT OF THE COMMISSION FOR THE
SOUTHEAST ASIA NUCLEAR WEAPON-FREE ZONE
 第八条 

1. There is hereby established a Commission for the Southeast Asia Nuclear Weapon-Free Zone, hereinafter referred to as the "Commission".

2. All States Parties are ipso facto members or the Commission. Each State Party shall be represented by its Foreign Minister or his representative accompanied by alternates and advisers.

3. The function of the Commission shall be to oversee the implementation of this Treaty and ensure compliance with its provisions.

4. The Commission shall meet as and when necessary in accordance with the provisions of this Treaty including upon the request of any State Party. As far as possible, the Commission shall meet in conjunction with the ASEAN Ministerial Meeting.

5. At the beginning of each meeting, the Commission shall elect its Chairman and such other officers as may be required. They shall hold office until a new Chairman and other officers are elected at the next meeting.

6. Unless otherwise provided for in this Treaty, two-thirds of the members of the Commission shall be present to constitute a quorum.

7. Each member of the Commission shall have one vote.

8. Except as provided for in this Treaty, decisions of the Commission shall be taken by consensus or, failing consensus, by a two-thirds majority of the members present and voting.

9. The Commission shall, by consensus, agree upon and adopt rules of procedure for itself as well as financial rules governing its funding and that of its subsidiary organs.

東南アジア非核兵器地帯委員会を設立する。外相またはその代行で構成する。条約の履行を監視し、条項順守を保証する。(略)

Article 9
THE EXECUTIVE COMMITTEE
 第九条 

1. There is hereby established, as a subsidiary organ of the Commission, the Executive Committee.

2. The Executive Committee shall be composed of all States Parties to this Treaty. Each State Party shall be represented by one senior official as its representative, who may be accompanied by alternates and advisers.

3. The functions of the Executive Committee shall be to:

(a) ensure the proper operation of verification measures in accordance with the provisions on the control system as stipulated in Article 10;

(b) consider and decide on requests for clarification and for a fact-finding mission;

(c) set up a fact-finding mission in accordance with the Annex of this Treaty;

(d) consider and decide on the findings of a fact-finding mission and report to the Commission;

(e) request the Commission to convene a meeting when appropriate and necessary;

(f) conclude such agreements with the IAEA or other international organizations as referred to in Article 18 on behalf of the Commission after being duly authorized to do so by the Commission; and

(g) carry out such other tasks as may, from time to time, be assigned by the Commission.


4. The Executive Committee shall meet as and when necessary for the efficient exercise of its functions. As far as possible, the Executive Committee shall meet in conjunction with the ASEAN Senior Officials Meeting.

5. The Chairman of the Executive Committee shall be the representative of the Chairman of the Commission. Any submission or communication made by a State Party to the Chairman of the Executive Committee shall be disseminated to the other members of the Executive Committee.

6. Two-thirds of the members of the Executive Committee shall be present to constitute a quorum.

7. Each member of the Executive Committee shall have one vote.

8. Decisions of the Executive Committee shall be taken by consensus or, failing consensus, by a two-thirds majority of the members present and voting.

委員会の下に執行委員会を設ける。第十条で規定する管理制度に従い検証手段の実行を保証する。(略)

Article 10
CONTROL SYSTEM
 第十条 

1. There is hereby established a control system for the purpose of verifying compliance with the obligations of the States Parties under this Treaty.

2. The Control System shall comprise:

(a) the IAEA safeguards system as provided for in Article 5;

(b) report and exchange of information as provided for in Article 11;

(c) request for clarification as provided for in Article 12; and

(d) request and procedures for a fact-finding mission as provided for in Article 13.
締約国の条約義務順守を検証するため管理制度を確立する。管理制度はIAEAの保障措置、情報の報告・交換、問題の明確化の要請、事実確認の手続きと要請から成る。

Article 11
REPORT AND EXCHANGE OF INFORMATION
第11条

1. Each State Party shall submit reports to the Executive Committee on any significant event within its territory and areas under its jurisdiction and control affecting the implementation of this Treaty.

2. The States Parties may exchange information on matters arising under or in relation to this Treaty.

Article 12
REQUEST FOR CLARIFICATION
第12条

1. Each State Party shall have the right to request another State Party for clarification concerning any situation which may be considered ambiguous or which may give rise to doubts about the compliance of that State Party with this Treaty. It shall inform the Executive Committee of such a request. The requested State Party shall duly respond by providing without delay the necessary information and inform the Executive Committee of its reply to the requesting State Party.

2. Each State Party shall have the right to request the Executive Committee to seek clarification for another State Party concerning any situation which may be considered ambiguous or which may give rise to doubts about compliance of that State Party with this Treaty. Upon receipt of such a request, the Executive Committee shall consult the State Party from which clarification is sought for the purpose of obtaining the clarification requested.

Article 13
REQUEST FOR A FACT-FINDING MISSION
第13条

A State Party shall have the right to request the Executive Committee to send a fact-finding mission to another State Party in order to clarify and resolve a situation which may be considered ambiguous or which may give rise to doubts about compliance with the provisions of this Treaty, in accordance with the procedure contained in the Annex to this Treaty.

Article 14
REMEDIAL MEASURES
第14条

1. In case the Executive Committee decide in accordance with the Annex that there is a breach of this Treaty by a State Party, that State Party shall, within a reasonable time, take all steps necessary to bring itself in full compliance with this Treaty and shall promptly inform the Executive Committee of the action taken or proposed to be taken by it.

2. Where a State Party fails or refuses to comply with the provisions of Paragraph 1 of this Article, the Executive Committee shall request the Commission to convene a meeting in accordance with the provisions of Paragraph 3(e) of Article 9.

3. At the meeting convened pursuant to Paragraph 2 of this Article, the Commission shall consider the emergent situation and shall decide on any measure it deems appropriate to cope with the situation, including the submission of the matter to the IAEA and, where the situation might endanger international peace and security, the Security Council and the General
Assembly of the United Nations.

4. In the event of breach of the Protocol attached to this Treaty by a State Party to the Protocol, the Executive Committee shall convene a special meeting of the Commission to decide on appropriate measures to be taken.

Article 15
SIGNATURE, RATIFICATION, ACCESSION,
DEPOSIT AND REGISTRATION
第15条

1. This Treaty shall be open for signature by all States in Southeast Asia, namely, Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam.

2. This Treaty shall be subject to ratification in accordance with the constitutional procedure of the signatory states. The instruments of ratification shall be deposited with the Government of the Kingdom of Thailand which is hereby designated as the Depositary State.

3. This Treaty shall be open for accession. The instruments of accession shall be deposited with the Depositary State.

4. The Depositary State shall inform the other States Parties to this Treaty on the deposit of instruments of ratification or accession.

5. The Depositary State shall register this Treaty and its Protocol pursuant to Article 102 of the Charter of the United Nations.

Article 16
ENTRY INTO FORCE
第16条

1. This Treaty shall enter into force on the date of the deposit of the seventh instrument of ratification and/or accession.

2. For States which ratify or accede to this Treaty after the date of the seventh instrument of ratification or accession, the Treaty shall enter into force on the date of deposit of its instrument of ratification or accession.

Article 17
RESERVATIONS
第17条

This Treaty shall not be subject to reservations.

Article 18
RELATIONS WITH OTHER
INTERNATIONAL ORGANIZATIONS
第18条

The Commission may conclude such agreements with the IAEA or other international organizations as it considers likely to facilitate the efficient operation of the control system established by this Treaty.

Article 19
AMENDMENTS
第19条

1. Any State Party may propose amendments to this Treaty and its Protocol and shall submit its proposals to the Executive Committee, which shall transmit them to all the other States Parties. The Executive Committee shall immediately request the Commission to convene a meeting to examine the proposed amendments. The quorum required for such a meeting shall be
all the members of the Commission. Any amendment shall be adopted by a consensus decision of the Commission.

2. Amendments adopted shall enter into force 30 days after the receipt by the Depositary State of the seventh instrument of acceptance from the States Parties.

第十一条―第十九条(略)


Article 20
REVIEW
 第二十条 

Ten years after this Treaty enters into force, a meeting of the Commission shall be convened for the purpose of reviewing the operation of the Treaty. A meeting of the Commission for the same purpose may also be convened at anytime thereafter if there is consensus among all its members.
条約発効から十年後、条約活動を見直す目的で委員会を開催する。


Article 21
SETTLEMENT OF DISPUTES
 第二十一条 

Any dispute arising from the interpretation of the provisions of this Treaty shall be settled by peaceful means as may be agreed upon by the States Parties to the dispute. If within one month, the parties to the dispute are unable to achieve a peaceful settlement of the dispute by negotiation, mediation, enquiry or conciliation, any of the parties concerned shall, with the prior consent of the other parties concerned, refer the dispute to arbitration or to the International Court of Justice.
条約の解釈をめぐる紛争は当事国の合意に基づき、平和的手段で解決を図る。一カ月以内に平和的に解決できない場合、当事国は他国の同意を得た上で、国際司法裁判所に提訴できる。



Article 22
DURATION AND WITHDRAWAL
 第二十二条 

1. This Treaty shall remain in force indefinitely.

2. In the event of a breach by any State Party of this Treaty essential to the achievement of the objectives of the Treaty, every other State Party shall have the right to withdraw from the Treaty.

3. Withdrawal under Paragraph 2 of Article 22, shall be effected by giving notice twelve months in advance to the members of the Commission.
条約の効力は無期限。条約の目的達成にとって重要な違反があった場合、ほかの締約国は条約から脱退する権利を有する。


IN WITNESS WHEREOF, the undersigned have signed this Treaty.

DONE at Bangkok, this fifteenth day of December, one thousand nine hundred and ninety-five, in one original in the English language.
(略)
(「毎日新聞」1995年12月7日付7面)
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