The Status of Nuclear Weapons under International Law

Abstract

Bibliographic Note MAIER TOLIC, Gabriela Maria. The Status of Nuclear Weapons under International Law. Prague, 2023. 99 pages. Political Studies. Department of International Relations. Supervisor JUDr. Milan Lipovský, Ph.D. Abstract Both the complex system of international law and the disputed interpretation thereof in the realm of nuclear weapons create challenges when making a clear assessment of when and whether the possession, threat and use of nuclear weapons are legal. This research aims to provide clarity on these issues by completing an analysis on the current state of international law and by outlining which conditions need to be fulfilled by states for the legal possession, threat and use of nuclear weapons. The presented study finds that the system of international law is set out in such a manner which aims to eliminate nuclear weapons completely. The obligation for disarmament in the treaty on the non-proliferation of nuclear weapons conditions the possession of nuclear weapons and places two requirements on nuclear weapon states: to pursue negotiations on disarmement in good faith and to bring them to a conclusion. This research finds that there is a strong argument that this twofold obligation is of customary nature and is therefore also binding upon states which are not party to the treaty....