ブックタイトル佐藤栄作　受賞論文集

概要

佐藤栄作　受賞論文集

第26回優秀賞of inspections and reporting, the NPT, when working in tandem with the CTBT hasnot lived up to its desired objective of capping, if not reducing, the number of nuclearweapons states. In deference to the customary international law created by the entryinto force of the NPT, states like India, Pakistan and North Korea have clandestinely,managed to acquire a demonstrable nuclear weapons capability. Hence, the reasonwhy some contend that reform of the CTBT and NPT with a new“architecture”4isnow of the order of the day.Adaptation of any treaty, and not just the CTBT and NPT, is an integral part ofregime evolution. Not only does it address any deficiencies in the regime that mayhave developed over a period of time, but it also mitigates new risks that may derailthe regime from reaching its intended objectives. In the case of nuclear arms control,the objective of the NPT has always been for the adoption of binding and effectivemeasures that are conducive towards full nuclear weapons disarmament 5 . The banon the testing of nuclear weapons is but one example of an“effective measure”6 thatsupports this objective. It is one step in what has always intended to be“a systematicprocess”7 towards total nuclear disarmament. That some states have yet to accede toeither the CTBT or the NPT would suggest that, for whatever motivations, they arenot ready to take that next steps 8 .Regional Nuclear Arms ControlRegional nuclear arms control treaties have shown greater precision in definingobligationsandelucidatingthenationalinterestsofpartymembersthantheCTBT4 Garvey, Jack, 2008, A New Architecture for the Non-Proliferation of Nuclear Weapons. Journal of Conflict & SecurityLaw.12:339-357.5 The Treaty on The Non-Proliferation of Nuclear Weapons (1970) (Article VI) requires the Parties to the Treatytakeeffectivemeasurestowardscompletedisarmament”.6 The Comprehensive Nuclear Test Ban Treaty (1996) (Preamble) stresses that an“end to all such nuclear explosionsconstituteameaningfulstepintherealizationofasystematicprocesstoachievenucleardisarmament”.7 The Comprehensive Nuclear Test Ban Treaty (1996) (Preamble) stresses that an“end to all such nuclear explosionsconstituteameaningfulstepintherealizationofasystematicprocesstoachievenucleardisarmament”.8 For instance, nuclear weapons states like China and the United States that have yet to ratify the CTBT, whilst Indiaand Pakistan have yet to accede to the NPT.765