Journal Article

CTBT: Legal Questions Arising from Its Non–Entry into Force Revisited

Yasuhito Fukui

in Journal of Conflict and Security Law

Volume 22, issue 2, pages 183-200
Published in print July 2017 | ISSN: 1467-7954
Published online April 2017 | e-ISSN: 1467-7962 | DOI: https://dx.doi.org/10.1093/jcsl/krw027
CTBT: Legal Questions Arising from Its Non–Entry into Force Revisited

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Abstract

Prohibition of testing of nuclear weapons has been considered an effective measure of the nuclear disarmament and non-proliferation because it constrains the development and qualitative improvement of nuclear weapons and also ends the development of testing advanced new types of nuclear weapons. Therefore, the international community has prioritised prohibition as part of their agenda in the field of nuclear disarmament and non-proliferation, for which the Partial Test Ban Treaty (PTBT) and then Comprehensive Nuclear-Test-Ban Treaty (CTBT) were negotiated and agreed for this purpose.

Although the CTBT was considered as an important element for the nuclear disarmament and non-proliferation, the CTBT cannot enter into force even after 20 years since its adoption by United Nations General Assembly (UNGA). In this situation, this article examines current legal status of the Comprehensive Nuclear-Test-Ban Treaty Organization Preparatory Commission (CTBTO PrepCom), whether it can be an international organisation. This article further examines possibility of provisional application of the CTBT and the provisional operation of the CTBT verification regime in pursuit for the realisation of its object and purpose before entry into force.

Then this article concludes that, even before the CTBT’s entry into force, the provisional application of the CTBT is feasible as some part of the CTBT verification regime, which is operated provisionally by the CTBTO PrepCom, within the competence conferred by PrepCom Text and that it is an only option during the CTBT’s non–entry into force, which is expected to be long, without additional ‘agreement’ by States Signatories.

Journal Article.  8214 words. 

Subjects: Military and Defence Law ; Police and Security Services ; Terrorism and National Security Law ; Use of Force, War, Peace and Neutrality

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