This thesis will first outline the background and key conventions that are predecessors to the TPNW. Chapter II will cover thematic similarities between these conventions, and then demonstrate how the ideas codified within these treaties left the issue of the use of nuclear weapons’ legality ambiguous. It will then analyse the ICJ’s famous Advisory Opinion on the matter, and the debates leading up to the acceptance for such a request. Chapter III will discuss the main recurring ideas and issues furthering the need for a convention with clarity on the illegality of nuclear weapons, and analyse the drafting process of the Treaty by observing the contribution of several states, international organizations, and non-governmental organizations (‘NGOs’). Various opinions will be observed to outline the perceived legal impact of the Treaty, considering that most are dubious of the cooperation of nuclear weapons states. Chapter IV will analyse key provisions of the Treaty, its adoption, and voting patterns. This will include a look at the boycotting of the process by states with nuclear weapons and their allies, with a closer observation of the case of the Netherlands, who was the only State voting against the adoption. The thesis will conclude by identifying the potential successes of the Treaty pursuant to goals outlined in the drafting process, and identifying possible recurring issues that may occur with regards to the cooperation of nuclear-weapons states.
The Treaty on the Prohibition of Nuclear Weapons’ likelihood of achieving its aims will depend on the pressure it creates on states that possess nuclear weapons and their efforts towards disarmament. With an analytical view of the drafting process and subsequent voting on the Treaty, it seems the only states likely to sign or ratify the Treaty belong to the group that does not possess them to begin with. Nonetheless, the Treaty may have an effect on nuclear weapon states’ behaviour if it is widely accepted by other states, compelling them to take more aggressive action towards nuclear disarmament. Therefore, while the TPNW’s adoption is a progressive step towards greater certainty on the illegality of nuclear weapons, its success in creating a safer world for humanity will largely depend on the likelihood of states in possession of nuclear weapons to feel some obligation to comply with its provisions.
Table of Contents
CHAPTER 1: INTRODUCTION
CHAPTER 2: BACKGROUND ON THE REGULATION OF NUCLEAR WEAPONS
2.1 MULTILATERAL TREATIES IN FORCE BEFORE THE TPNW
2.2 THE INTERNATIONAL COURT OF JUSTICE ON THE ISSUE
CHAPTER 3: WORKING TOWARDS THE TREATY ON THE PROHIBITION OF NUCLEAR WEAPONS
3.1 FACTORS ENTAILING A NEED FOR THE TREATY
3.2 DRAFTING PROCESS
CHAPTER 4: CURRENT PROVISIONS AND STATUS OF THE TREATY
4.1 FINAL STRUCTURE OF THE TREATY
4.2 ADOPTION AND STATE POSITIONS
CHAPTER 5: CONCLUDING REMARKS
Research Objectives and Thematic Focus
This thesis examines the legal landscape surrounding nuclear weapons and the emergence of the Treaty on the Prohibition of Nuclear Weapons (TPNW) as a mechanism to address the perceived legal gap in international law. It analyzes the limitations of previous multilateral frameworks and the International Court of Justice's advisory role, evaluating whether the TPNW provides a viable pathway toward total nuclear disarmament despite the lack of participation from major nuclear-armed states.
- The historical limitations of the Non-Proliferation Treaty (NPT) regarding disarmament obligations.
- The impact of the International Court of Justice's Advisory Opinion on the legality of nuclear weapons.
- The role of non-governmental organizations and the Humanitarian Initiative in shaping the TPNW drafting process.
- The challenges of universal adoption, specifically regarding security commitments and NATO obligations.
- An evaluation of the TPNW's provisions, including victim assistance and verification mechanisms.
Excerpt from the Book
2.2 THE INTERNATIONAL COURT OF JUSTICE ON THE ISSUE
The efforts to regulate nuclear weapons also motivated certain groups to desire a declaration on their legality (or illegality). The issue of nuclear weapons was one that affected several states’ interests, if not humanity as a whole, considering the potential consequences of their use after the first incidence in 1945. The ICJ, as a UN Organ with the competence to respond to requests for advisory opinions, was an important contributor in addressing the question. The ICJ derives the power to issue advisory opinions from Article 65(1) of the ICJ Statute, which states that ‘[t]he Court may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the United Nations to make such a request’. The cases that the ICJ is typically presented with concern disputes over certain territory or the competence of certain UN organs. This issue, however, was brought to the ICJ as more of a result of pressure from global interest-groups. A request for an advisory opinion was therefore the logical path. What was anticipated, and hoped for, was some clarification from the ICJ regarding the law surrounding the threat or use of nuclear weapons. The weight of such a declaration would be significant, since despite the fact that advisory opinions are not binding on states, they hold a great amount of weight as they pronounce on the law as perceived by the world’s most senior jurists.
Summary of Chapters
CHAPTER 1: INTRODUCTION: This chapter introduces the legal controversy surrounding the threat or use of nuclear weapons and outlines the thesis's focus on the TPNW as a tool to address these legal uncertainties.
CHAPTER 2: BACKGROUND ON THE REGULATION OF NUCLEAR WEAPONS: This chapter reviews predecessor treaties like the LTBT and NPT and analyzes the ICJ's Advisory Opinion, highlighting the ongoing ambiguity regarding the legality of nuclear weapons.
CHAPTER 3: WORKING TOWARDS THE TREATY ON THE PROHIBITION OF NUCLEAR WEAPONS: This chapter explores the catalysts for the TPNW, specifically unmet disarmament obligations under the NPT and the rise of the Humanitarian Initiative.
CHAPTER 4: CURRENT PROVISIONS AND STATUS OF THE TREATY: This chapter examines the specific articles of the TPNW and explores the voting patterns and geopolitical concerns that led to the exclusion of nuclear-armed states.
CHAPTER 5: CONCLUDING REMARKS: This chapter synthesizes the research findings, concluding that while the TPNW is a significant normative step, its practical efficacy remains constrained by the lack of participation from nuclear-armed nations.
Keywords
Nuclear weapons, TPNW, International Law, Disarmament, Non-Proliferation, ICJ, Humanitarian Initiative, Treaty, Legality, Arms Race, UNGA, Security, Nuclear Powers, Sovereignty, Global Governance.
Frequently Asked Questions
What is the fundamental focus of this thesis?
The thesis focuses on the evolution of international legal instruments regarding nuclear weapons, specifically the transition from non-proliferation treaties to the complete prohibition established by the TPNW.
What are the primary thematic areas covered?
The work covers the history of arms control, the International Court of Justice's legal stance on nuclear weapons, the drafting process of the TPNW, and the geopolitical divide between nuclear and non-nuclear states.
What is the primary research goal?
The goal is to determine if the TPNW can effectively bridge the legal gap regarding the illegality of nuclear weapons and if it can force nuclear-armed states to engage in meaningful disarmament.
Which scientific method is utilized in this study?
The study employs a legal-analytical method, examining treaty texts, court opinions, verbatim records of UN proceedings, and scholarly literature to assess the TPNW's standing in international law.
What topics are discussed in the main body?
The main body treats the history of the NPT, the ICJ’s 1996 Advisory Opinion, the impact of NGO advocacy, the internal structure of the TPNW, and the specific voting positions of various states, including the notable dissent of the Netherlands.
Which keywords characterize this work?
Key terms include nuclear prohibition, disarmament obligations, TPNW, NPT, ICJ Advisory Opinion, and state sovereignty.
Why is the International Court of Justice's Advisory Opinion considered ambiguous in this text?
The text explains that the ICJ failed to provide a definitive ruling on the legality of nuclear weapons in extreme cases of self-defense, leaving the legal status fundamentally unclear despite acknowledging the humanitarian risks.
How does the author interpret the Netherlands' vote against the TPNW?
The author views the Dutch vote as an illustration of the conflict between national security obligations under NATO and the normative shift toward prohibiting nuclear weapons, highlighting a broader dilemma for allied non-nuclear states.
What is the significance of the "Humanitarian Initiative" mentioned in the study?
The Initiative acted as a vital pressure point, re-framing the debate from abstract security concerns to the tangible, catastrophic effects of nuclear weapons on human health and the environment, thereby fueling momentum for the TPNW.
- Citation du texte
- Diane Omari (Auteur), 2019, An attempt to fill the legal gap. The treaty on the prohibition of nuclear weapons, Munich, GRIN Verlag, https://www.grin.com/document/516611
