Confronting the Nuclear-Armed States in International Negotiating Forums: Lessons for NGOs

1999 ◽  
Vol 4 (3) ◽  
pp. 459-482 ◽  
Author(s):  
◽  

AbstractThe role of non-governmental organizations (NGOs) is examined in nuclear weapons related negotiations in the 1990s regarding the Partial Test Ban Treaty (PTBT), the Comprehensive Test Ban Treaty (CTBT), the Nuclear Non-Proliferation Treaty (NPT), and the Statute of the International Criminal Court (ICC). Such negotiations have been an occasion for NGOs to voice public aspirations for an end to the nuclear threat, and in this way to help stimulate some progress, but generally not to influence substantively the terms of the instruments under negotiation. An NGO initiative led to the failed PTBT Amendment Conference which however helped to spur the eventual successful negotiation of the CTBT. At the NPT Extension Conference, one coalition of NGOs assisted in the achievement of US government objectives of obtaining indefinite extension and commitments to negotiation of a CTBT and a fissile materials production cutoff. Other NGOs advocating the abolition of nuclear weapons failed to decisively affect the outcome of the Conference, but the experience served as the catalyst for the development of an ongoing large international network. NGOs seeking the express criminalization of the employment of nuclear weapons in the ICC Statute succeeded only in preserving issues with regard to indiscriminate weapons for future negotiations. NGOs' access to the negotiations regarding the CTBT and NPT was extremely limited. Effectiveness of NGOs in this field could be enhanced by increasing access; by forming closer working relationships with states supporting nuclear disarmament; and by intensifying the interaction between NGO advocacy at the national and international levels.

Author(s):  
Kjersti Lohne

Kjersti Lohne describes the impact of non-governmental organizations at the International Criminal Court (ICC), in particular discussing the relative lack of regard for defendants’ rights, and especially highlighting the difficulties encountered by those acquitted. After the Coalition for the International Criminal Court contributed to the establishment of the ICC itself in the fight against impunity for international crimes, that Coalition has continued a victim-oriented approach, arguably at the expense of defendants’ rights. The ICC’s focus on victims, ‘truth’, and ‘memory’ may challenge the legitimacy of the Court in the longer run.


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.


2002 ◽  
Vol 2 (6) ◽  
pp. 2133-2150 ◽  
Author(s):  
J.-P. Issartel ◽  
J. Baverel

Abstract. An international monitoring system is being built as a verification tool for the Comprehensive Test Ban Treaty. Forty stations will measure on a worldwide daily basis the concentration of radioactive noble gases. The paper introduces, by handling preliminary real data, a new approach of backtracking for the identification of sources after positive measurements. When several measurements are available the ambiguity about possible sources is reduced significantly. As an interesting side result it is shown that diffusion in the passive tracer dispersion equation is necessarily a self-adjoint operator.


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