Abstract
The issue of nuclear weapons is long-standing and controversial. This article uses the nuclear weapons advisory opinion issued by the International Court of Justice on July 8, 1996 as precedent to determine the imagined outcome of the cases filed by the Republic of the Marshall Islands against three nuclear powers in 2014.
Highlights
The issue of nuclear weapons is a very controversial one on which states have differing opinions
The Marshall Islands argued that its statements in favor of nuclear disarmament made at multilateral fora proved the existence of a dispute between the respondents and itself
The argument that article VI of the NPT lays down erga omnes obligations applicable to India and Pakistan, which nations are not signatories to the NPT, was not very strong in view of the operative part of the nuclear weapons advisory opinion, which clearly did not mention any obligations for non-NPT parties.[113]
Summary
The issue of nuclear weapons is a very controversial one on which states have differing opinions. A total of 191 States have joined the Treaty.’ 2 Another relevant legal instrument is the Comprehensive Nuclear-Test-Ban Treaty (CTBT) opened for signature in September 1996, article I(1) of which states that ‘Each State Party undertakes: not to carry out any nuclear weapon test explosion or any other nuclear explosion, and to prohibit and prevent any such nuclear explosion at any place under its jurisdiction or control.’ 3 The CTBT has not. 2 ‘Treaty on the Non-Proliferation of Nuclear Weapons’, United Nations Office for Disarmament Affairs available at https://www.un.org/disarmament/wmd/nuclear/npt/, accessed on 4 January 2017. Entered into force because some of the countries mentioned in its Annex 2 have not yet ratified it, as required by its article XIV(1).[4] Apart from these treaties, the issue of nuclear weapons has found its way into judicial settlement. 4 ‘Comprehensive Nuclear-Test-Ban Treaty (CTBT)’, United Nations Office for Disarmament Affairs available at https://www.un.org/disarmament/wmd/nuclear/ctbt/, accessed on 9 May 2017. 10 Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v India), ICJ, Application instituting Proceedings against the Republic of India by the Republic of the Marshall Islands (24 April 2014); Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v Pakistan), ICJ, Application instituting Proceedings against Pakistan by the Republic of the Marshall Islands (24 April 2014); Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v United Kingdom), ICJ, Application instituting Proceedings against the United Kingdom by the Republic of the Marshall Islands (24 April 2014)
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