The development of nuclear weapons -- The use of nuclear weapons -- Post-second world war nuclear weapons development -- The international legal regime -- The humanitarian initiative -- The negotiation of the 2017 treaty -- The 2017 treaty and customary international law -- The title of the treaty -- The Preamble -- Article 1 : Prohibitions -- Article 2 : Declarations -- Article 3 : Safeguards -- Article 4 : Towards the total elimination of nuclear weapons -- Article 5 : National implementation -- Article 6 : Victim assistance and environmental remediation -- Article 7 : International cooperation and assistance -- Article 8 : Meeting of state parties -- Article 9 : Costs -- Article 10 : Amendments -- Article 11 : Dispute settlement -- Article 12 : Universality -- Article 13 : Signature -- Article 14 : Ratification, acceptance, approval, or accession -- Article 15 : Entry into force -- Article 16 : Reservations -- Article 17 : Duration and withdrawal -- Article 18 : Relationship with other agreements -- Article 19 : Depository -- Article 20 : Authentic texts -- The date and place of adoption of the treaty.
Summary:
This Commentary offers detailed background and analysis of the Treaty on the Prohibition of Nuclear Weapons, which was adopted at the UN Headquarters in New York in July 2017. The Treaty comprehensively prohibits the use, development, export, and possession of nuclear weapons. Stuart Casey-Maslen, a leading expert in the field who served as legal adviser to the Austrian Delegation during the negotiations of this Treaty, works through article by article, describing how each provision was negotiated and what it implies for states that join the Treaty. As the Treaty provisions cut across various branches of international law, the Commentary goes beyond a discussion of disarmament to consider the law of armed conflict, human rights, and the law on inter-state use of force. The Commentary examines the relationship with other treaties addressing nuclear weapons, in particular the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). Background on the development and possession of nuclear weapons and theories of nuclear deterrence is provided. Particular attention is paid to controversial issues such as assistance for prohibited activities, the meaning of 'threaten to use', and the definition of nuclear explosive devices. Casey-Maslen also considers whether a member of NATO or other nuclear alliance can lawfully become a state party to the Treaty.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.