Document Type

Working Paper

Publication Date

11-28-2012

SSRN Discipline

Economics Research Network; Legal Scholarship Network; PSN Subject Matter eJournals; Conflict Studies eJournals; Law School Research Papers - Legal Studies; Political Institutions: International Institutions eJournals; Law & Society eJournals; International Law & Trade eJournals; LSN Subject Matter eJournals; Political Institutions eJournals; Public International Law eJournals; Political Science Network

Abstract

This is a thesisdriven monograph which will apply the rules of treaty interpretation in international law to produce what I will term a holistic interpretation of the NPT Through the application of these interpretive methods I will hope to demonstrate that a number of the legal interpretive positions on teh NPT maintained particularly by nuclearweaponpossessing governments are legally incorrectThe unifying thesis of this book is that the original balance of principles underlying the NPT which can be distilled through an application of the principles of treaty interpretation contained in Articles 31 and 32 of the Vienna Convention on the Law of Treaties has for over a decade been distorted particularly by nuclearweaponpossessing led by the United States in favor of a disproportionate prioritization of nonproliferation principles and an unwarranted underprioritization of peaceful use and disarmament principles I will argue that this distortion of principled balance by nuclear weapon states has resulted in a number of erroneous legal interpretations of the NPTs provisions

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