Obligations Concerning Negotiations Relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament
| Autor: | Diane Marie Amann |
|---|---|
| Rok vydání: | 2017 |
| Předmět: |
050502 law
Disarmament International court Jurisdiction 05 social sciences Nuclear weapon Nuclear ethics 0506 political science Archipelagic state Law Political Science and International Relations 050602 political science & public administration Treaty on the Non-Proliferation of Nuclear Weapons Sociology Nuclear weapons testing 0505 law |
| Zdroj: | American Journal of International Law. 111:439-446 |
| ISSN: | 2161-7953 0002-9300 |
| DOI: | 10.1017/ajil.2017.34 |
| Popis: | In this trio of decisions, the International Court of Justice (ICJ or Court) rejected applications in which a small island state claimed that three larger states known to possess nuclear weapons had breached their international obligations to undertake and conclude negotiations leading to nuclear disarmament. The Republic of the Marshall Islands, the Court acknowledged, had been the location of repeated nuclear weapons testing from 1946 to 1958, when the United States administered the archipelagic nation under the trusteeship system of the United Nations. The Court further recognized that the applicant, “by virtue of the suffering which its people endured as a result of it being used as a site for extensive nuclear testing programs, has special reasons for concern about nuclear disarmament” (para. 44). Nevertheless, it ruled that the cases could not go forward because the requisite legal dispute was absent at the time that the Marshall Islands filed its applications against India, Pakistan, and the United Kingdom. |
| Databáze: | OpenAIRE |
| Externí odkaz: |
|