The finalization of a completed draft nuclear nonproliferation treaty, which the ENDC transmitted to by the United Nations without endorsement on March 18, 1968, launched a French review of the NPT’s implications for international law. The draft NPT was accompanied by a proposed United Nations Security Council Resolution (UNSC), whose soft guarantees against nuclear-weapon use or threats had been a compromise workd out between Washington and Moscow. An initial study by Foreign Ministry lawyers identified numerous “juridical reasons… to fight against a project that, in its letter if not its spirit, constitutes a revision of the [UN] Charter." The report elaborated on how the hierarchization of “forms of aggression” would “downgrade” non-nuclear (i.e. conventional) violence. Non-nuclear-weapon states treaty signatories would receive non-binding security guarantees. The “Anglo-Saxons and Soviets” would maintain “freedom of action as far as what measures they choose to adopt.” Although the French government’s foremost legal experts opted not to advise vetoing the UNSC resolution, they warned the NPT package could serve as a warrant for nuclear-armed permanent members of the UN Security Council to wage “preventive war” in the name of worldwide nonproliferation.

 This short research note briefly explores the case for and against vetoing the UNSC resolution. As the United States, the United Kingdom, and the Soviet Union were serving as co-sponsors, and the Republic of China on Taiwan would welcome any international measure the People’s Republic of China opposed, France was the only state in a position to veto the UNSC resolution and perhaps torpedo the NPT when the UNGA special session met in late April. If France were to abstain, it would be henceforth bound by the resolution. Even so, the report cautioned whether “a negative attitude” should outweigh “the downside of defeating a project whose intention, if not whose content, fulfills the wishes of the vast majority of non-nuclear delegations.”