Where next for Article VI of the Nuclear Non-proliferation Treaty following the Marshall Islands’ cases? / Gilder, Alexander.

In: Wisconsin International Law Journal, Vol. 38, No. 3, 08.2021, p. 525-554.

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Abstract

This article considers the future of adjudicating the obligations of the Treaty on the Non-Proliferation of Nuclear Weapons at the International Court of Justice. Of particular issue in the Marshall Islands’ proceedings launched against the various nuclear powers was the obligation to negotiate in good faith under Article VI. Good faith is a difficult subject to dispute and drawing on examples from the proceedings between the Marshall Islands v UK some concerns for future adjudication are drawn out. First, a brief overview is given of the relevant issues in the cases brought by the Marshall Islands. Second, the article discusses whether Article VI has an obligation to conclude negotiations to disarm. Third, issues with such an obligation before the ICJ are examined such as where individual states are unable to conclude negotiations unilaterally and the application of the Monetary Gold principle. Finally, the situation of the UK is discussed to highlight to difficulty of determining whether a state has adhered to its good faith obligation.
Original languageEnglish
Pages (from-to)525-554
Number of pages30
JournalWisconsin International Law Journal
Volume38
Issue number3
Publication statusPublished - Aug 2021
This open access research output is licenced under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.

ID: 39297745