Is the NPT unraveling? Evidence from text analysis of review conference statements

2020 ◽  
Vol 57 (6) ◽  
pp. 740-751
Author(s):  
Miriam Barnum ◽  
James Lo
Keyword(s):  
International Law ◽  
Nuclear Weapons ◽  
Text Analysis ◽  
International Treaty ◽  
Election Manifestos ◽  
State Actors

The Treaty on the Non-Proliferation of Nuclear Weapons (NPT) is a landmark international treaty that is widely regarded as a cornerstone of the global nuclear non-proliferation regime. However, pessimists point to a growing divergence of preferences between nuclear weapons states and non-nuclear weapons states as a precursor to the impending ‘unraveling of this vital piece of international law’. In this article, we test for evidence of preference divergence using statements from NPT review conferences, which are manifestos presenting each country’s position on the NPT. We measure preferences on the NPT using Wordfish, a method that is frequently used to estimate ideological preferences from election manifestos. Our measure estimates the latent positions of state actors along a ‘non-proliferation vs. disarmament’ dimension, and shows little evidence of growing preference divergence between the nuclear weapons states and non-nuclear weapons states. Thus, a significant premise underlying more pessimistic assessments of the NPT appears to be in doubt.

scholarly journals Choice and (the Awareness of) its Consequences: The ICJ's “Structural Bias” Strikes Again in the Marshall Islands Case

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 81-87 ◽  
Author(s):  
Andrea Bianchi
Keyword(s):  
International Law ◽  
Nuclear Weapons ◽  
Third Parties ◽  
Legal Order ◽  
Marshall Islands ◽  
Young Researcher ◽  
International Treaty ◽  
Rubber Stamp ◽  
International Legal Order ◽  
State Of Affairs

My very first publication, admittedly written in a language that many AJIL Unbound readers might be unable or unwilling to read, was an essay on the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and its effects vis-à-vis third parties. Already back then, I found it difficult to justify how an international treaty could rubber-stamp such a highly uneven state of affairs. The overt acknowledgement of the discrimination between nuclear and nonnuclear states, the hypocrisy about “unofficial” nuclear states, and the Article VI obligation for nuclear states to negotiate effective measures of disarmament, largely ignored in the first twenty years of the treaty, were all elements that contributed to my perception of unfairness, if not blatant injustice. As a young researcher approaching international law with the enthusiasm of the neophyte, however, this looked like a little anomaly in an otherwise fair and equitable international legal order. It did not set off warning bells about the system as such. After all, international law was geared, at least in my eyes, towards enhancing the wellbeing of humanity. It must have been so. And it is not that I leaned particularly on the idealistic side; it seemed normal to me … at the time.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

Historical Development

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
International Law ◽  
Historical Development ◽  
General Trend ◽  
Armed Conflicts ◽  
Fundamental Transformation ◽  
State Actors ◽  
The Law ◽  
State Relations ◽  
Inter State ◽  
State Territory

This chapter traces the development of the law of belligerent occupation in order to identify trends relevant to the regulation of internationalized armed conflicts. It observes that despite the general grounding of this body of law in a state-centric paradigm, several isolated developments have contemplated the possibility of non-state actors becoming belligerent occupants of a portion of state territory. Moreover, the chapter highlights that the law of belligerent occupation has undergone a fundamental transformation as part of a general trend of individualization and humanization of international law. Therefore, it is no longer simply a brake on inter-state relations and a protector of states’ interests and institutions. Instead, the law has gradually brought individuals’ interests to the fore, putting persons before institutions and individuals before states. Overall, the chapter uncovers the historical reasons that support an extensive view of the applicability of the law of occupation to modern internationalized armed conflicts.

scholarly journals Chinese views on nuclear weapons: Evidence from an online survey

2021 ◽  
Vol 8 (3) ◽  
pp. 205316802110328
Author(s):  
Naomi Egel ◽  
R. Lincoln Hines
Keyword(s):  
Nuclear Weapons ◽  
Text Analysis ◽  
Online Survey ◽  
Public Attitudes ◽  
Age Groups ◽  
Computer Assisted ◽  
The Public ◽  
Self Defense ◽  
Public Views ◽  
Chinese Public

What are Chinese public attitudes regarding nuclear weapons? Although scholars have studied Chinese elites’ views on nuclear weapons, surprisingly little is known about the views of China’s public. To understand Chinese public views on nuclear weapons, we conduct an online survey ( N = 1066) of Chinese respondents. This is, to our knowledge, the first survey of Chinese public attitudes towards nuclear weapons. We find that although Chinese citizens view the possession of nuclear weapons as important for their country’s security, they strongly oppose the use of nuclear weapons under any circumstances. We also provide respondents an opportunity to describe their views on nuclear weapons in their own words. Using computer-assisted text analysis, we assess patterns in these open-ended responses and compare across age groups. We find that younger respondents emphasize non-material factors such as having a greater voice internationally, whereas older respondents emphasize self-defense. Overall, this analysis sheds light on the public attitudes that may shape China’s evolving approach to nuclear weapons.

scholarly journals The Cognitive Psychology of Rules of Interpretation in International Law

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 258-262
Author(s):  
Anne van Aaken
Keyword(s):  
Cognitive Psychology ◽  
International Law ◽  
Vienna Convention ◽  
International Treaty ◽  
Treaty Law ◽  
Psychology Perspective ◽  
The Law ◽  
Biases And Heuristics ◽  
The Way

While Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT) prescribe the rules of interpretation for international treaty law as “disciplining rules,” the rules of interpretation themselves are understudied from a cognitive psychology perspective. This is problematic because, as Jerome Frank observed, “judges are incurably human,” like everybody else. I submit that behavioral approaches could provide insights into how biases and heuristics affect the way judges and other interpreters use the VCLT rules.

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