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International Decisions: Obligations Concerning Negotiations Relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament

9 Pages Posted: 10 Nov 2017  

Diane Marie Amann

University of Georgia School of Law; University of Georgia - Dean Rusk International Law Center

Date Written: November 8, 2017

Abstract

In a trio of decisions, the International Court of Justice rejected the applications in which the Republic of the Marshall Islands claimed that three large states known to possess nuclear weapons, India, Pakistan, and the United Kingdom, had breached their international obligations to undertake and conclude negotiations leading to nuclear disarmament. This essay discusses those decisions, as well as the United Kingdom's subsequent limitation of the circumstances under which it will accept the ICJ's jurisdiction over such complaints. This development, coupled with the Court's own narrowing of circumstances in which such an application will be accepted, make the likelihood of an eventual ruling on the nuclear disarmament issue quite remote.

Keywords: International Court of Justice, Nonproliferation Treaty, Nuclear Weapons, Nuclear Disarmament, State Responsibility, International Law, International Litigation, Treaties, Treaty Negotiation

JEL Classification: k33

Suggested Citation

Amann, Diane Marie, International Decisions: Obligations Concerning Negotiations Relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (November 8, 2017). 111 Am. J. Int'l L. 493 (2017).; University of Georgia School of Law Legal Studies Research Paper No. 2017-30; Dean Rusk International Center Research Paper No. 2017-08. Available at SSRN: https://ssrn.com/abstract=3052605

Diane Amann (Contact Author)

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States

University of Georgia - Dean Rusk International Law Center

100 Herty Drive
Athens, GA 30602-6018
United States

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