CYIL vol. 12 (2021)

CYIL 12 (2021) THE 50 TH ANNIVERSARY OF THE TREATY ON THE NON-PROLIFERATION… a weapon of success. This circumstance became more relevant after 9/11 took place, as well as the discussions around the doctrine of pre-emptive self-defense argued after this event by the US during the Bush administration. 6 The 2017 report of the United Nations Institute for Disarmament Research (UNIDIR) on nuclear risk 7 mentions the several existent nuclear threats present that must be considered in order to take measures against them. Giving the historic circumstances of the 50 th anniversary of the NPT, the coincidence of the 10 th review of this same Treaty (article VIII, paragraph 3) scheduled for 2020, as well as the latest developments in the nuclear armament of some countries, the discussion on the NPT is still valid and desirable. Due to the Covid-19 pandemic, the States Party to the NPT agreed to postpone the 10 th NPT Review Conference to a later date. In this study we will take in consideration the past experience briefly analyzing the NPT and its deterrence doctrine. We will discuss the present context of nuclear risk and the future perspectives that the 10 th NPT Review Meeting might address toward nuclear non-proliferation and disarmament worldwide. 2.1 The NPT On 5 March, 2020, the NPT concluded on 1 July, 1968, reached its 50th anniversary since its entry into force in the international legal order. Currently the NPT has 191 Contracting Parties, including the 5 States that--until the signature of the Treaty--possessed nuclear weapons. These “Nuclear States” – USA, Russia, United Kingdom, France, and the People’s Republic of China – are the same 5 Permanent Members of the UN Security Council. In 1995, the NPT was extended indefinitely (Article X.2 of the NPT) and the object was broadened to cover undeclared nuclear activities . The main countries that remain non-adhering to the NPT are Israel, India, Pakistan, and North Korea, although the latter was once a Party to the Treaty. 8 For these states to become parties to the NPT they must renounce their nuclear weapons and take measures to dismantle them. The NPT is not the only Treaty dealing with these topics. There are other bilateral or multilateral treaties and conventions that also establish obligations relating to security, physical protection, export controls and nuclear testing that supplement the NPT and promote nuclear non- proliferation. 9 However, the NPT presents itself as broader than the other international 6 GRAY, Christine International Law and the Use of Force (Oxford, 4 th Edition 2018), pp. 248–253. 7 BORRIE, John, Caughley, Tim and Wan, Wilfred Understanding Nuclear Weapon Risks (UNIDIR, Understanding Nuclear Weapon Risks (2017) 12 (available at: https://www.unidir.org/publication/understanding- nuclear-weapon-risks). 8 DUNN, Lewis A. The NPT: Assessing the Past, Building the Future, Nonproliferation Review , Vol. 16, no. 2 (2009), pp. 143–172. 9 Nuclear-weapon-free zone: African Nuclear-Weapon-Free Zone Treaty (Treaty of Pelindaba); Central Asian Nuclear Weapon Free Zone (Treaty of Semei); South Pacific Nuclear Free Zone Treaty (Treaty of Rarotonga); Southeast Asian Nuclear-Weapon-Free Zone Treaty (Treaty of Bangkok); Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (Treaty of Tlatelolco). Other UN-recognized zones: Mongolian Nuclear-Weapons-Free Zone; Outer Space Treaty; Seabed Arms Control Treaty; Nuclear Terrorism Proliferation Security Initiative (PSI); Strategic Arms Limitation Talks (SALT); Strategic Offensive Reductions Treaty (SORT); Treaty on the Prohibition of Nuclear Weapons (Nuclear Weapon Ban Treaty). 2. The Treaty on the Non-Proliferation of Nuclear Weapons (NPT)

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