New ILR is here - World without the nuclear weapons?
Can the Necessary International Legal Framework to Achieve a Nuclear-WeaponFree World Be Reached?
The answer to this question can, to a certain extent, be found in the significant resolution of the First Committee (Disarmament and International Security Committee), which was approved within the framework of the 71st Session of the UN General Assembly at the end of October this year. The title of Resolution A/C.1/71/L.41 calls for progress in multilateral negotiations (Taking Forward Multilateral Nuclear Disarmament Negotiations). Its significance, and we could also say its historically unprecedented character, lies in Article 8 of the operative part, which contains the decision …to convene in 2017 a United Nations conference to negotiate a legally binding instrument to prohibit nuclear weapons, leading towards their total elimination. The conference should take place in New York during two time periods (from 27 to 31 March and from 15 June to July 7) with the participation of UN member states, unspecified international organizations and civil society representatives. The mentioned article was added to the resolution based on a recommendation of the conclusion report of the Open-ended Working Group (OEWG), which held talks in Geneva during the first half of 2016 on the evaluation of new legal measures and necessary norms to attain a nuclear-weapon-free world. To demonstrate their disagreement with the OEWG mandate, none of the nuclear-weapon states participated in the negotiations. Any disagreements were thus presented by representatives of allied or partner countries of the nuclear-weapon states (as the nuclear-weapon states provided the allied or partner countries with a so-called nuclear umbrella) which were taking part in the talks.
Miroslav Tůma, IIR Associate Research Fellow.