Non-Proliferation Treaty and Nuclear Disarmament

Abstract

Abstract A few final documents adopted by the Review Conferences of the Nuclear Non-Proliferation Treaty (‘NPT’) include important references to nuclear disarmament and to Article VI of the NPT. It is frequently assumed or claimed that these references amount to subsequent agreements as to the interpretation of Article VI. However, such a view is difficult to maintain. With the help of the 2018 Draft Conclusions on subsequent agreements and practice, this article seeks to establish two conditions that such final documents ought to satisfy if they are to be treated as subsequent agreements under Article 31 of the Vienna Convention on the Law of Treaties (‘VCLT’). The analysis suggests that the final documents in question do not satisfy such conditions. Based on this evaluation, the article also explores other theoretical frameworks both within and without treaty interpretation rules, that can adequately take into account the final documents of the NPT Review Conferences in discussing nuclear disarmament in international law.