The Contours and Limits of Environmental Remediation Under the Treaty on the Prohibition of Nuclear Weapons

Abstract

The entry into force of the Treaty on the Prohibition of Nuclear Weapons (TPNW) in January 2021 has sparked analysis of the so-called ‘positive obligations’ under Article 6, requiring states parties to address prior harm caused by the testing or use of nuclear weapons to both individuals and the environment. But although there has been much discussion of victim assistance under Article 6(1), there has been comparatively little assessment of the environmental remediation obligation under Article 6(2) that requires affected states to remediate areas contaminated by the past testing or use of nuclear weapons through ‘necessary and appropriate measures’. This article represents an attempt to begin filling this lacuna by considering various issues and questions concerning the scope and limits of the environmental remediation obligation established by Article 6(2). Specifically, this article identifies the geographical scope of application of Article 6(2) to illustrate precisely where TPNW parties’ remediation efforts should be applied, considers the meaning and underlying objectives of ‘remediation’ activities required by Article 6(2), and finally examines certain facets concerning the temporal dimension of the environmental remediation provision. Ultimately, this discussion aims to clarify the contours of the environmental remediation provision of the TPNW, and hopes to offer practical insight for states parties and encourage further consideration of the operationalisation of Article 6(2) in due course.