CTBT On-Site Inspection: A Special Case of Post-Agreement Negotiation

This article examines negotiations expected to be conducted during actual implementation after entryinto- force of the Comprehensive Nuclear-Test-Ban Treaty (CTBT). It analyzes the negotiations to be undertaken with regards to on-site inspection (OSI) procedures, and their unique character as post-agreement negotiations (PAN) is identified. In particular, the OSI negotiations will be conducted at the Executive Council (EC) level and will analyze whether violations of the treaty have occurred. This discussion further explores another level of negotiation that will occur during the OSI, between the inspected state and the inspection team, concerning the technical details of implementation. Our analysis demonstrates how these inspection negotiations will likely have an impact, well beyond the OSI itself, on the PAN in the EC regarding OSI, and further on PAN in policymaking organs, and thus on regime evolution.