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Interpreting the Nuclear Non-Proliferation Treaty (Paperback)
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Interpreting the Nuclear Non-Proliferation Treaty (Paperback)
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The 1968 Nuclear Non-Proliferation Treaty has proven the most
complicated and controversial of all arms control treaties, both in
principle and in practice. Statements of nuclear-weapon States from
the Cold War to the present, led by the United States, show a
disproportionate prioritization of the non-proliferation pillar of
the Treaty, and an unwarranted underprioritization of the civilian
energy development and disarmament pillars of the treaty. This book
argues that the way in which nuclear-weapon States have interpreted
the Treaty has laid the legal foundation for a number of policies
related to trade in civilian nuclear energy technologies and
nuclear weapons disarmament. These policies circumscribe the rights
of non-nuclear-weapon States under Article IV of the Treaty by
imposing conditions on the supply of civilian nuclear technologies.
They also provide for the renewal and maintaintenance, and in some
cases further development of the nuclear weapons arsenals of
nuclear-weapon States. The book provides a legal analysis of this
trend in treaty interpretation by nuclear-weapon States and the
policies for which it has provided legal justification. It argues,
through a close and systematic examination of the Treaty by
reference to the rules of treaty interpretation found in the 1969
Vienna Convention on the Law of Treaties, that this
disproportionate prioritization of the non-proliferation pillar of
the Treaty leads to erroneous legal interpretations of the Treaty,
prejudicing the legitimate legal interests of non-nuclear-weapon
States.
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