Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament

Abstract

International Court of Justice — Jurisdiction — Dispute — Existence of a dispute as a condition for jurisdiction — Determination of existence of a dispute — Whether notification of claims necessary — Whether knowledge, actual or constructive, of the dispute by respondent necessary — Whether knowledge can be inferred from applicant’s general statements made in multilateral fora

Treaties — Application — Nuclear Non-Proliferation Treaty, 1968 — Compliance with Article VI on obligation to negotiate in good faith to cease the nuclear arms race and pursue disarmament — Whether Article VI an obligation of conduct or result — Whether failure to pursue negotiations a breach of Article VI — Whether measures to improve nuclear weapons system and maintain it for indefinite future a breach of Article VI

Sources of international law — Customary law — Whether obligation to negotiate and pursue disarmament part of customary law — Whether obligation of conduct or result — Whether failure to pursue negotiations a breach of customary law — Whether measures to improve nuclear weapons system and maintain it for indefinite future a breach of customary law

International organizations — United Nations — International disarmament as UN’s central concern — Efforts in organization to pursue and achieve international disarmament — Efforts in organization to pursue and achieve nuclear disarmament — Marshall Islands as location of repeated nuclear weapons testing in 1946-58

War and armed conflict — Weapons — Nuclear weapons — Nuclear disarmament — Whether States under an obligation to pursue negotiations and achieve nuclear disarmament