Stručni rad
Marshall Islands vs. nuclear superpowers - has the time come for nuclear disarmament?
Hana Fiala
Matko Sanjin Jovanović
Helena Lijović
Tomislav Tot
; Law School, University of Zagreb, Zagreb, Croatia
Sažetak
In the recent proceedings instituted by Marshall Islands against three nuclear States, the International Court of Justice had the opportunity to decide upon the customary character of Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons. However, the Court decided in all three cases that there is no dispute between the parties and that, consequently, it has no jurisdiction to decide in the contentious cases. The Court's judgments raised the question whether there is a rule of customary international law concerning nuclear disarmament. Furthermore, the Court's judgments surely affected the adoption of the Treaty on the Prohibition of Nuclear Weapons in July 2017. First, the authors analyse the state practice and opinio juris regarding nuclear disarmament in order to prove that there is a rule of customary international law concerning nuclear disarmament. Further, the authors argue that the obligation contained in Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons and the corresponding rule of customary international law have an erga omnes character and consequently, all States in the international community are entitled to invoke the responsibility of a State, if there is a breach of the mentioned rule. Authors continue by analysing the Court's arguments concerning the non-existence of a dispute between Marshall Islands and the nuclear powers, and analyse the negative consequences of such decision. Finally, authors analyse the applicability of the monetary gold principle in cases between Marshall Islands and nuclear powers.
Ključne riječi
customary character of the obligation concerning nuclear disarmament; erga omnes obligations: existence of a dispute; monetary gold principle; International Court of Justice
Hrčak ID:
245131
URI
Datum izdavanja:
21.10.2020.
Posjeta: 1.034 *