Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament 189 ILR 593

2020 ◽  
pp. 593-903
2017 ◽  
Vol 76 (01) ◽  
pp. 1-4
Author(s):  
Federica I. Paddeu

ON 5 October 2016, the International Court of Justice handed down its decision in the three parallel proceedings involving the Marshall Islands (as applicant) and India, Pakistan and the UK (as respondents): Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v India). The Marshall Islands claimed that the respondent states had failed to meet their obligation to negotiate the cessation of the nuclear arms race and nuclear disarmament in good faith, either under Article VI of the Non-Proliferation Treaty (claim against the UK) and/or customary law (against all three respondents). All three respondents formulated objections to jurisdiction and admissibility. In all three cases, they objected that a “dispute” did not exist between them and the applicant. The Court, by a narrow majority (extremely narrow in the case against the UK: by the casting vote of the President), declined to exercise jurisdiction on the basis that no dispute existed between the parties.


Author(s):  
Giuliana Ziccardi Capaldo

Obligations Concerning Negotiations Relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament(Marshall Islands v. India) Jurisdiction of the Court and Admissibility of the Application, Judgment, 5 October 2016Immunities and Criminal Proceedings (Equatorial Guinea v. France), Request for the Indication of Provisional Measures, Order, 7 December 2016...


2020 ◽  
pp. 27-34
Author(s):  
Vladimir Batiuk

In this article, the ''Cold War'' is understood as a situation where the relationship between the leading States is determined by ideological confrontation and, at the same time, the presence of nuclear weapons precludes the development of this confrontation into a large-scale armed conflict. Such a situation has developed in the years 1945–1989, during the first Cold War. We see that something similar is repeated in our time-with all the new nuances in the ideological struggle and in the nuclear arms race.


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