Abstract
International law is aimed to control self-interest seekers’ behaviors with respect to very universal values which present foundations of the contemporary international community as a whole. The global pluralism may be considered as a product of international public order regulating common interests or needs. Achieving comprehensive results necessitate unified approaches to the most essential issues of international affairs such as non-proliferation of mass destructive nuclear weapons; however, paradoxical treatments in the context of nuclear international co-operations by influencer states show confusing directions against object and purpose of the Non-Proliferation Treaty. This paper through reviewing non-proliferation regime as a tool for global governance establishes that universal public policy requires nuclear-weapon states’ compliance from integrity of the Treaty, including disarmament, non-proliferation, and peaceful use. Therefore, selective approach as well as inconsistency to object and purpose of the treaty weakens the pillars of the international public order consolidated by peremptory norms of international law.
Highlights
In spite of the fact the history of international relations is tied to concerns such as justice, reciprocity, and national interest, international law is mandated to regulate the main reciprocal interests of sovereign actors in the light of respect to universal values
The body of global governance should be equipped by at least the three essential requirements: a) The most principal standards concerning the formation of rights and obligations in the scale of international relations like law of treaties and responsibility of states; b) The very fundamental rules which are related to the structure of the international community such as territorial integrity, self-determination, and establishment of international organizations; and c) The substantive laws, law-making international conventions and resolutions, in the service of the most important interests of the international community; for example, the United Nations Convention on the Law of the Sea, the Convention on Diplomatic Relations, and the Non-Proliferation Treaty (NPT). (Jaencke, 1987)
In spite of ongoing tension of the constituents of the current international community, international law is capable to impede misuse of international rules and regulations agreed under treaties in order to take unfair positions
Summary
In spite of the fact the history of international relations is tied to concerns such as justice, reciprocity, and national interest, international law is mandated to regulate the main reciprocal interests of sovereign actors in the light of respect to universal values. Considering that any agreement against foundations of non-proliferation principles remains ineffective and void, the corresponding obligation of non-proliferation which is emanated under Article 4 should be characterized as a norm of Jus cogens to be meaningful These undertakings are originated from newly born humanity-oriented international public order, rather than sovereignty-oriented system; It is easy to find the infrastructural idea which was at the heart of President Eisenhower’s Atoms for Peace proposal when he remarked “the contributing powers would be dedicating some of their strength to serve the needs rather than the fears of mankind.” (Eisenhower, 1953) Construing the NPT regime disregarding requirements of current implications of global governance leads the Treaty to ultimate deterioration. The withdrawal of the United States on May 8, 2018 as well as the way the European Union chooses to deal with the JCPOA should be studied in the present context, some believe the nuclear deal has legal binding effects due to other grounds that there are no enough room to be discussed here
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