Document Type

Working Paper

Publication Date

11-28-2012

SSRN Discipline

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

Abstract

This article examines a number of major developments in international law and State policy regarding nuclear weapons which have occurred over the past two years However in order to understand the context and significance of these developments I must first very briefly address what has gone on previously in this area of international relationsI have argued elsewhere that over the course of the decade ending in 2008 the original balance of principles underlying the 1968 Nuclear Nonproliferation Treaty NPT which comprises the cornerstone of the nuclear nonproliferation legal regime has been distorted particularly by nuclearweaponpossessing governments 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 also argue that this distortion of principled balance by nuclear weapon states has resulted in a number of erroneous legal interpretations of the NPT's provisions These misinterpretations in turn have been used to form the legal basis for NPT Nuclear Weapon States' NWS policies relevant to the NPT regime a number of which have unlawfully prejudiced the legitimate legal interests of NPT Nonnuclear Weapon States NNWS pursuant to the NPT's grand bargain

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