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India does not regard the “Termination” clause as binding – nuclear deal with Japan

Termination clause in nuclear deal with Japan not binding
on India, insists govt, First Post, 13 Nov 16 New Delhi: The just-signed historic civil nuclear deal with Japan has a “termination” clause which the government here insists is not binding on India but merely records the “views” of the Japanese side considering its “special sensitivities”.

The government insisted that India has made “no additional commitments” over the similar agreements signed with the US and other countries.

In the Nuclear Cooperation Agreement, signed in the presence of Prime Minister Narendra Modi and his Japanese counterpart Shinzo Abe in Tokyo on Friday, there is a note on ‘Views and Understanding’ wherein the Japanese side has cited India’s September 2008 declaration of unilateral moratorium on atomic tests and said if this commitment is violated, the deal will terminate.

Indian government holds that this is merely recording of the views of the two sides.

“The termination clause is there in other NCAs (nuclear cooperation agreements) we have signed, including with the US (Article 14). However the circumstances triggering a possible termination are never sharply defined. Consideration also has to be given to mitigating factors,” a source here said.

“That note is simply a record by the negotiators of respective views on certain issues. It is not the NCA which is what is binding,” the source said.

The sources added that given Japan’s special sensitivities as the only nation to have suffered a nuclear attack, “it was felt that their views should be recorded in a separate Note. The Note is a record by the negotiators of respective views on certain issues.

“The termination clause is there in other NCAs (nuclear cooperation agreements) we have signed, including with the US (Article 14). However the circumstances triggering a possible termination are never sharply defined. Consideration also has to be given to mitigating factors,” a source here said.

“That note is simply a record by the negotiators of respective views on certain issues. It is not the NCA which is what is binding,” the source said.

The sources added that given Japan’s special sensitivities as the only nation to have suffered a nuclear attack, “it was felt that their views should be recorded in a separate Note. The Note is a record by the negotiators of respective views on certain issues………

Japan has made a major exception by signing the atomic cooperation agreement with India, despite it being non-signatory to the Nuclear Non-Proliferation Treaty (NPT)…….. http://www.firstpost.com/india/termination-clause-in-nuclear-deal-with-japan-not-binding-on-india-insists-govt-3103404.html

November 14, 2016 - Posted by Christina Macpherson | India, politics, politics international, secrets,lies and civil liberties