Paz Andrés Sáenz de Santa María e-mail(Login required)

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Paz Andrés Sáenz de Santa María e-mail(Login required)

Abstract

1302

This article unpacks the scope of the obligation to negotiate nuclear disarmament agreements on the occasion of the pronouncement of the International Court of Justice in the Marshal Islands case. The Court admits that it is a unique obligation, which could be subject to possible judicial settlement despite the many political aspects involved. However, it does not show the same courage as the Marshal Islands vis-à-vis the nuclear-weapon States.

Keywords

Treaty on the Non-Proliferation of Nuclear Weapons, obligation to negotiate disarmament agreements, legal nature, good faith, judicial control

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Section
Part I. Studies on International Law. 3. Peace, Security and Disarmament: Old Problems, New Challenges