Journal Article

Svjetla budućnost za nuklearno razoružanje ili utopija?: Pravna ocjena Ugovora o zabrani nuklearnog oružja iz 2017. i njegov odnos s Ugovorom o neširenju nuklearnog oružja iz 1968

Tomljenović, Marija

2023

Overview

The Treaty on the Prohibition of Nuclear Weapons is the first universal international treaty that stipulates the prohibition of nuclear weapons and as such represents a major contribution to international law in the field of nuclear disarmament. The main purpose and goal of the Treaty on the Prohibition of Nuclear Weapons is the complete elimination of nuclear weapons. States that are parties to the Treaty on the Prohibition of Nuclear Weapons belong to the group that does not possess nuclear weapons, and in relation to them, compliance with the rules and fulfilment of the obligations prescribed by the Treaty on the Prohibition of Nuclear Weapons should not pose any problem. However, the practical effect of the nuclear arms control treaty is seen by the major nuclear powers as an unrealistic and progressive approach to disarmament. Therefore, it is very difficult to predict that the nuclear states and their allies will decide to ratify the treaty in the near future. Therefore, in the context of the Treaty on the Prohibition of Nuclear Weapons, an attempt will be made to offer an answer to the following questions. First, can the Treaty on the Prohibition of Nuclear Weapons per se constitute a fundamental legal framework to which all states must adhere? And secondly, can nuclear states, according to the persistent objector rule, prevent the possible establishment of customary international law? It is to be assumed that the pressure of the non-nuclear states may in some way influence the nuclear states so that they feel the obligation to comply with the provisions of the Treaty on the Prohibition of Nuclear Weapons to a certain extent. Due to the establishment of a norm that prohibits nuclear weapons, it is necessary to ultimately explain the relationship of the Treaty on the Prohibition of Nuclear Weapons with already existing legal instruments, especially with the Treaty on the Non-Proliferation of Nuclear Weapons.