Part II Predominant Security Challenges and International Law, International Security, Ch.18 Nuclear Non-proliferation and Disarmament under International Law

Author(s):  
Asada Masahiko

This chapter traces the history of attempts and achievements in regulating the use of nuclear energy and material, focusing on nuclear non-proliferation and disarmament. Ever since its invention, the nuclear weapon has occupied a special place in the global security order, both militarily and politically, due to its extraordinary destructive power. This picture is further complicated by the fact that nuclear material has both military and civilian uses. Civilian use of nuclear material includes generating electricity through nuclear reactors. Nuclear material also has medical, agricultural, and other peaceful applications, such as its use in the treatment of cancer. The chapter assesses in detail such treaties as the Partial Test Ban Treaty, the Treaty on the Non-Proliferation of Nuclear Weapons, the Comprehensive Nuclear-Test-Ban Treaty, and the Treaty on the Prohibition of Nuclear Weapons. It also looks at the current challenges involving the Democratic People’s Republic of Korea and Iran.

2013 ◽  
Vol 27 (1) ◽  
pp. 169-188 ◽  
Author(s):  
ALESSANDRA PIETROBON

AbstractThe Comprehensive Nuclear Test Ban Treaty (CTBT) will not be effective until all the 44 states listed in its Annex 2 ratify it. A special link has been established between the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the CTBT. The disarmament obligation set by Article VI of the NPT, which has not yet been complied with, remains highly controversial. The relevant subsequent practice of the states parties to the NPT shows that the ratification of the CTBT is to be considered the first of the practical steps towards compliance with Article VI. However, as the practical steps do not set any legally binding norms, there is no legal obligation to ratify the CTBT, not even for the 44 states listed in Annex 2 whose ratification is essential. The paper deals with the position of nuclear powers party to the NPT that have not yet ratified the CTBT (most prominently the US and China) and demonstrates that these states should at least provide detailed motivation for their conduct. Otherwise, other states parties to the NPT could consider them as not complying in good faith with Article VI of the NPT and invoke the inadimplenti non est ademplendum rule to justify breaches of their own obligations under the same treaty.


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