Abstract

The international court of justice was established by Charter of the United Nations and is considered as one of its integral parts in which only experienced and knowledgeable judges and lawyers can be employed. In fact, it consists of several independent judicial institutions. Marshall Islands, a country which was cruelly imposed to nuclear tests, was brave enough to sue powerful countries with nuclear weapons. In 1996, nuclear weapons case was considered by the international court of justice for the first time. All the court’s members came to this conclusion that these countries should stop their nuclear activities and they are not permitted to use any nuclear weapon. As a result they ratified a bill. Then, Marshall Islands’ petition was considered by the international court of justice in The Hague. This country also took legal action against U.S.A. and the federal judiciary of the United States accepted to take it into consideration. This paper aims at analyzing the petition of Marshall Islands against Britain in the international court of justice. According to the content of this petition, countries can’t develop their nuclear weapons which threat men and the world. As a result, the destruction of present nuclear weapons is the only effective way to achieve this goal.

Highlights

  • Analyzing the role of International law in inhibiting countries from developing their nuclear weapons is considered very important especially when a country decides to take legal actions against these threats

  • In the provision of nuclear weapons (1968) which is referred to as NPT provision, it has been mentioned that non-nuclear countries are not allowed to use nuclear weapons and nuclear countries should take legal actions regarding the discontinuance of the nuclear weapons development

  • In fourth paragraph of this provision, the international court of justice has emphasized on the countries good will and negotiations about the process of discontinuing the development of nuclear weapons and the efficient control of the international court of justice

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Summary

Introduction

Analyzing the role of International law in inhibiting countries from developing their nuclear weapons is considered very important especially when a country decides to take legal actions against these threats The International Law Dictionary, Oxford, Clio PressLtd, 1987) Those who believe that it is not legal to use nuclear weapons believe that this inhibition can be in form of using force by countries to enforce the law in international relations. The international court of justice came to this conclusion that some of the sources of law are not related to this issue These groups who think that usage of nuclear weapons is illegal believe that any use of these weapons can threat human right and increase fatality. All the court’s members came to this conclusion that these countries should stop their nuclear activities and they are not permitted to use any nuclear weapon. This country took legal actions against U.S.A. and the federal judiciary of the United States accepted to take it into consideration

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