Legal instruments for deterring nuclear conflict in the current military and political geo-environment

Abstract

The relevance of this study lies in the need to consider the legal instruments for deterring a nuclear conflict in connection with the crisis of nuclear safety and instability in the current military-political geo-environment. The purpose of this study was to examine international experience in the field of legal consolidation of prohibitive norms of deterrence necessary to prevent nuclear threats. The following general scientific and special methods were employed in the study: analysis, synthesis, deduction, induction, generalisation, as well as formal legal, legal hermeneutics, logical- legal, comparative legal, and historical-legal methods. The study examined the specialised international legal framework of regulatory documents in the field of nuclear safety, safe operation of nuclear facilities and nuclear deterrence, as well as nuclear deterrence strategies and their development depending on the geopolitical situation. Based on the results of the study, it is determined that the legal regulation of nuclear conflict containment is in the form of prohibitory orders consolidated in the relevant international treaties in the field of nuclear and radiation safety. The study highlighted the main international treaties positioned as legal means of nuclear deterrence. The interaction of “soft” and “hard” law in nuclear and radiation safety agreements was considered, as well as the specific features of consolidating such norms in municipal law. The study provided generalising conclusions in terms of nuclear deterrence strategies, specifically, a vision of a new concept in this area, based on technological superiority in non-nuclear means of repelling nuclear strikes and massive precision non-nuclear retaliatory strikes. It was also concluded that attention should be paid to the development of a new international treaty that would combine all the rules prohibiting the use of nuclear energy for military purposes, as well as the rules governing nuclear and radiation safety as integral components of global nuclear security. The practical significance of this study is that its materials can be used for further development of the concepts of non-nuclear or legal nuclear deterrence