An attempt to fill the legal gap. The treaty on the prohibition of nuclear weapons

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

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.