Nuclear Non-Proliferation and the International Law of Disarmament

Juan Manuel Gómez Robledo

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Chapter 14 Nuclear Non-Proliferation and the International Law of Disarmament

In: International Law for Diplomats

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Juan Manuel Gómez Robledo

Juan Manuel Gómez Robledo
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Type:: Chapter

Pages:: 153–172

DOI:: https://doi.org/10.1163/9789004754508-015

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Abstract

This chapter explores the international legal framework for nuclear disarmament, tracing its development from Cold War arms control agreements to more humanitarian-based contemporary efforts in both doctrine and state practice. It explores the foundational role of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), highlighting its pillars of non-proliferation, disarmament, and peaceful use of nuclear energy, while also addressing its shortcomings, particularly the failure of nuclear-weapon States to fulfil their disarmament obligations. The analysis extends to regional and global treaties establishing nuclear-weapon-free zones, bilateral arms control agreements, and the influence of international humanitarian law and its core principles such as distinction, proportionality, and the Martens Clause. Jurisprudence from the International Court of Justice (ICJ) and the development of an emerging opinio juris communis further reinforce the growing legal and moral consensus against nuclear weapons. The 2017 Treaty on the Prohibition of Nuclear Weapons (TPNW) represents a significant shift towards a humanitarian, people-centred approach to disarmament. Despite criticisms of its potential conflict with the NPT, the TPNW has injected new momentum towards nuclear disarmament. In conclusion, the chapter argues that enhanced public education and transparency are essential for advancing the legal and moral delegitimization of nuclear weapons, especially in light of the increasing reliance on nuclear deterrence amidst the war in Ukraine.

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International Law for Diplomats

E-Book ISBN:: 9789004754508

Publisher:: Brill | Nijhoff

Print Publication Date:: 23 Apr 2026

Subjects
- International Law
  - International Law: General Interest
- International Relations
  - Diplomatic Studies

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Chapter 14 Nuclear Non-Proliferation and the International Law of Disarmament

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International Law for Diplomats

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