Interpreting the Nuclear Non-Proliferation Treaty

Interpreting the Nuclear Non-Proliferation Treaty, Daniel H. Joyner (Oxford University Press 2011)

U of Alabama Legal Studies Research Paper No. 2182264

7 Pages Posted: 28 Nov 2012

See all articles by Daniel Joyner

Daniel Joyner

University of Alabama - School of Law

Date Written: 2011

Abstract

This is a thesis-driven monograph which will apply the rules of treaty interpretation in international law to produce what I will term a "holistic interpretation" of the NPT. Through the application of these interpretive methods, I will hope to demonstrate that a number of the legal interpretive positions on teh NPT, maintained particularly by nuclear-weapon-possessing governments, are legally incorrect.

The unifying thesis of this book is that the original balance of principles underlying the NPT, which can be distilled through an application of the principles of treaty interpretation contained in Articles 31 and 32 of the Vienna Convention on the Law of Treaties, has for over a decade been distorted particularly by nuclear-weapon-possessing, led by the United States, in favor of a disproportionate prioritization of non-proliferation principles, and an unwarranted under-prioritization of peaceful use and disarmament principles. I will 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.

Keywords: international law, arms control, nuclear, non-proliferation

Suggested Citation

Joyner, Daniel, Interpreting the Nuclear Non-Proliferation Treaty (2011). Interpreting the Nuclear Non-Proliferation Treaty, Daniel H. Joyner (Oxford University Press 2011); U of Alabama Legal Studies Research Paper No. 2182264. Available at SSRN: https://ssrn.com/abstract=2182264

Daniel Joyner (Contact Author)

University of Alabama - School of Law ( email )

P.O. Box 870382
Tuscaloosa, AL 35487
United States

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