Can Australia Join the Nuclear Ban Treaty Without Undermining ANZUS?

Abstract

There is a current debate as to whether Australia can join the Treaty on the Prohibition of Nuclear Weapons (‘TPNW’) and remain party to the Security Treaty between Australia, New Zealand and the United States of America (‘ANZUS’). The debate centres around the fact that if Australia were to join the TPNW it would have to give up its policy of extended nuclear deterrence and the support it provides to US nuclear activities via the Joint Defence Facility at Pine Gap. There is a strong argument that ANZUS has evolved to require Australia’s participation in such nuclear-related security activities. This article explores whether Australia could in fact give up such activities in order to join the TPNW and nevertheless remain in compliance with ANZUS.