Special Issues in International Law Reviewer  NPT – cornerstone of non-proliferation regime.

(March 1970)
Public International Law
 January 2003 – NK announced its withdrawal
Sources: from NPT.
 October 2006 – Successful performance by the NK
1. International conventions of nuclear test.
2. International customs  Non-compliance – The NPT faced serious non-
3. General principles of law compliance by its members.
4. Judicial decisions and teachings of the most highly  NPT – the prevention of the dissemination of
qualified publicists. nuclear weapons.
International customs elements:  Three pillars of NPT:
o Non-proliferation of nuclear weapons
1. General practice o Promotion of nuclear disarmament
2. Such general practice is accepted by law o Use of nuclear energy for peaceful
Opinion juris – subjective element that such practice is purposes
accepted as law.  Article 1 of NPT – imposes an obligation on NWS
not to transfer nuclear weapons or nuclear
Cyber Terrorism and the Use of Force explosive devices to any recipient.
 Article 2 of NPT – imposes an obligation on NWS
Legal framework to combat international terrorism pillars:
not to accept or receive nuclear weapons or
1. 13 international conventions nuclear explosive devices from NWS transferor.
2. Resolutions by UN.  Right of the parties to develop, research,
production and use of nuclear energy for peaceful
Article 2(4) – all members shall refrain in their purposes without discrimination and in
international relations from the threat or use of force conformity with Arts. 1 and 2
against the territorial integrity or political independence of  Grand Bargain – the NWS will work towards
any state. nuclear disarmament while sharing the benefits of
Most serious crime of concern Article 5 the peaceful uses of nuclear energy with the
NNWS, who in turn, commit to forgo seeking
1. The crime of genocide nuclear weapons and to place their nuclear
2. Crimes against humanity facilities under international safeguards.
3. War crimes  Although the treaty is strong in law, it is still weak
4. The crimes of aggression in enforcement.
 NPT relies on:
Exceptions to the non-use of force:
o International Atomic Energy Agency
1. Self-defense o Public opinion, diplomacy, and sanctions
a. Necessary and proportional o United Nations
2. Pursuant to a valid decision of the UN  IAEA – international organization tasked with
3. When undertaken by a regional arrangement safeguarding, inspecting, and verifying the various
acting under CHP. 8 nuclear energy programs of NNWS which is
4. When below the threshold of Art. 2(4) mandated by Art. 3 of the NPT.
o To establish and monitor atomic
safeguards imposed on members states.
The Nuclear Non-Proliferation Treaty o The inspectors shall report any non-
compliance to the DG who shall
 July 1945 – USA detonated the first nuclear thereupon transmit the report to the BG.
explosive device at Trinity Test Site in New  IAEA is primarily an inspection and verification
Mexico. agency rather than dealing with violations of NPT.
 Robert Oppenheimer “ now I am become death,  UN has the ultimate duty to enforce the
the destroyer of the worlds. obligations contained in the NPT.
 The first nuclear explosion marked the beginning  Primary tools in dealing with violations of NPT:
of the nuclear age. o Sanctions
 Non-proliferation regime – to prevent the number o Targeted incentives
of states possessing nuclear weapons from
o War
increasing.
 Carrot and Stick Approach - Diplomacy, incentives
and sanctions
 UNSC – primary responsibility for the
maintenance of international peace and security,
to deal with threats to or breaches of international
peace and safety.
 Lack of adequate enforcement mechanisms.
 NPT has no means of resolving disputes or
violations of the treaty.
 IAEA is not part of the legal structure of NPT.
 The main function of IAEA is not enforcement of
NPT obligations.
 Incentives as loopholes – they allow states to use
peaceful nuclear energy as cover for weapons
development before exercising their right to
withdraw from the treaty.
 Not all members of the NPT have concluded
safeguard agreements with the IAEA.
 Lack of uniformity in the application of sanctions.
 Requirements for a NWS to withdraw from NPT:
o Statement of extraordinary event
o Notice must be given to all state parties
and to UNSC
o Period of 3 months must pass before the
withdrawal become effective
 To strengthen the IAEA and its inspection regime.
 There are still 31 NNWS who have not concluded
with the IAEA for safeguards.
 Changes to the NPT:
o Creation of a system of sanctions for
violations of NPT provisions.
o Definition of the term extraordinary
circumstances
o Improvement of withdrawal process
 German proposal:
o Submission of written notices setting out
its concerns leading to the withdrawal.
o Undergo mandatory consultations
o Non-availment of withdrawal if the state
is found to be non-compliance with the
NPT.
o Establishment of overseeing body for the
implementation of the NPT.
 Article 103 of the UN Charter – in the event of a
conflict between the obligations of the Members of
the UN under the present charter and their
obligations under any other international
agreement, their obligations under the present
charter shall prevail.
