JOURNAL ARTICLE

Irreversibility in nuclear arms control and disarmament law?

  • Published In: Journal of Conflict & Security Law, 2023, v. 28, n. 3. P. 423 1 of 3

  • Database: Legal Source 2 of 3

  • Authored By: Fleck, Dieter 3 of 3

Abstract

The article focuses on the legal framework supporting the irreversibility of nuclear arms control and disarmament measures under international law. It highlights significant gaps in existing treaty regimes, such as incomplete universal participation, abrogated missile limitations, and limited transparency in nuclear doctrines, while emphasizing that fundamental principles of international law—including non-proliferation and disarmament obligations—have an erga omnes character and may constitute peremptory norms (jus cogens). The report examines treaty withdrawal limitations, verification mechanisms like those under the Comprehensive Nuclear-Test-Ban Treaty (CTBT) and International Atomic Energy Agency (IAEA) safeguards, legal restraints on nuclear deterrence, and the role of missile control agreements, concluding that effective irreversibility requires States to respect withdrawal restrictions, recognize the peremptory nature of core norms, and enhance cooperation to address treaty gaps and ensure compliance.

Additional Information

  • Source:Journal of Conflict & Security Law. 2023/12, Vol. 28, Issue 3, p423
  • Document Type:Article
  • Subject Area:History
  • Publication Date:2023
  • ISSN:14677954
  • DOI:10.1093/jcsl/krad013
  • Accession Number:172994019
  • Copyright Statement:Copyright of Journal of Conflict & Security Law is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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