Beyond the Rhetoric of Nuclear Disarmament: Analyzing the Effectiveness of International Law and Organizations

Abstract

This dissertation examines the complex relationship between international law, international organizations, and the challenge of controlling weapons of mass destruction through bodies, treaties and resolutions. Focused primarily on nuclear weapons, it examines the complexity of the past and current legal instruments within the political challenges that shape the regulation of these weapons. The dissertation also analyzes the role of the United Nations’ various organs and established entities in fostering international dialogue toward nuclear disarmament through resolutions, treaties and the like. A thorough examination of fundamental treaties, including the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the Comprehensive Nuclear-Test-Ban Treaty (CTBT), and the Treaty on the Prohibition of Nuclear Weapons (TPNW), forms a substantial core of the study. The effectiveness and limitations of these legal instruments are investigated, revealing the obstacles in the pursuit for global nuclear disarmament. The research further engages with the controversial 1996 Advisory Opinion of the International Court of Justice (ICJ) concerning the Legality of the Threat or Use of Nuclear Weapons, examining its implications and disputed interpretations. Bridging the gap between legal theory and practical considerations, the dissertation provides an evaluation of the collective effectiveness of international organizations and legal frameworks in steering the nuclear disarmament order. Finally, the dissertation contributes to the ongoing discourse on nuclear disarmament by proposing practical solutions aimed at minimizing the spread of nuclear weapons and reinforcing the performance of related organizations and legal mechanisms and thus accelerating the global effort towards a nuclear-weapon-free world.