CTBT : Legal Questions Arising from Its Non–Entry into Force Revisited

URI http://harp.lib.hiroshima-u.ac.jp/hiroshima-cu/metadata/12454
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Title
CTBT : Legal Questions Arising from Its Non–Entry into Force Revisited
Author
氏名 FUKUI Yasuhito
ヨミ フクイ ヤスヒト
別名 福井 康人
Abstract

Prohibition of testing of nuclear weapons has been considered an effective measure of the nuclear disarmament and non-proliferation because it constrains the development and qualitative improvement of nuclear weapons and also ends the development of testing advanced new types of nuclear weapons. Therefore, the international community has prioritised prohibition as part of their agenda in the field of nuclear disarmament and non-proliferation, for which the Partial Test Ban Treaty (PTBT) and then Comprehensive Nuclear-Test-Ban Treaty (CTBT) were egotiated and agreed for this purpose.
Although the CTBT was considered as an important element for the nuclear
disarmament and non-proliferation, the CTBT cannot enter into force even after 20 years since its adoption by United Nations General Assembly (UNGA). In this situation, this article examines current legal status of the Comprehensive Nuclear-Test-Ban Treaty Organization Preparatory Commission (CTBTO PrepCom), whether it can be an international organisation. This article further examines possibility of provisional application of the CTBT and the provisional operation of the CTBT verification regime in pursuit for the realisation of its object and purpose before entry into force.
Then this article concludes that, even before the CTBT’s entry into force, the provisional application of the CTBT is feasible as some part of the CTBT verification regime, which is operated provisionally by the CTBTO PrepCom, within the competence conferred by PrepCom Text and that it is an only option during the CTBT’s non–entry into force, which is expected to be long, without additional 'agreement’ by States Signatories.

Description Peer Reviewed
Journal Title
Journal of conflict & security law
Volume
22
Issue
2
Spage
[183]
Epage
200
Published Date
2017-04-20
Publisher
Oxford University Press
ISSN
14677962
14677954
NCID
AA12104927
AA11561275
DOI
Language
eng
NIIType
Journal Article
Text Version
著者版
Rights
© Oxford University Press 2017; all rights reserved. For permissions, please e-mail: journals.permissions@oup.com
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hiroshima-cu