INTERNATIONAL LEGAL REGIME ON NUCLEAR DISARMAMENT: CONTEMPORARY DEVELOPMENTS

Abstract

The Hiroshima-Nagasaki bombings shook the conscience of the entire international community as it not only brought untold sorrow to the people of Japan, but also transgenerational effects on the succeeding generations. It was wished that similar incidents should never happen again and this brought the issue of nuclear disarmament to the attention of the international community. The General Assembly of the United Nations adopted a resolution as early as 1946 which focused on the elimination of atomic bombs. Subsequently, many more resolutions were adopted by the General Assembly and the Security Council. The first binding instrument to ban nuclear weapon testing, i.e., Partial Test Ban Treaty was adopted in 1963. This Treaty did not provide for a comprehensive ban on the testing of nuclear weapons. In 1968, the Treaty on the Non-Proliferation of Nuclear Weapons was adopted to prohibit the rapid increase in the number of nuclear weapons. In 1996, Comprehensive Test Ban Treaty was adopted to ban nuclear testing comprehensively. In addition, five Nuclear-Weapon-Free Zones [“NWFZs”] were created by various treaties at regional levels. The regulatory framework so established, coupled with the NWFZs, the Advisory Opinion of International Court of Justice of 1996, and various resolutions of the General Assembly and the Security Council created a positive environment to achieve the goal of nuclear disarmament. Finally, the Treaty on the Prohibition of Nuclear Weapons, 2017 [“TPNW”] was adopted aiming to achieve the aforesaid goal. The TPNW seems to be a promising treaty. This article discusses the international legal regime with respect to nuclear disarmament, particularly the obligations of State Parties under TPNW.