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The Legality of the Development And Use of Nuclear Weapons - Research Paper Example

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The paper "The Legality of the Development And Use of Nuclear Weapons" highlights that the ICJ’s Advisory Opinion provides substantial legal standing to opponents of nuclear weapons and non-governmental organisations, in their battle against the possession and use of nuclear weapons…
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The Legality of the Development And Use of Nuclear Weapons
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In 1986, New Zealand declared its territory as a nuclear-free zone (World Court Project challenges nuclear weapons, Summer94, P14).The US termed this initiative a violation of the Australia – New Zealand – US mutual defence treaty provisions. This reprehensible response of the US was widely criticised by proponents of the disarmament movement. They demanded that the US should be prosecuted before the ICJ; because the use and threat of use of nuclear weapons are prescribed by international law (World Court Project challenges nuclear weapons, Summer94, P 14).

As such, in 1993, the 110 member states of the Non-Aligned Movement submitted a resolution to the United Nation, seeking an Advisory Opinion, on the legality of nuclear weapons. The World Court Project, a joint project of the International Association of Lawyers Against Nuclear Arms, the International Physicians for the Prevention of Nuclear War and the International Peace Bureau, claimed that France, UK and US compelled the Non-Aligned Movement to withdraw this resolution (World Court Project challenges nuclear weapons, Summer94, P14).

According to Alyn Ware, director of the Lawyers’ Committee on Nuclear Policy, the nuclear nations had obstructed voting on this resolution. Although the nuclear states were in a minority, they were successful in subverting democracy and justice (World Court Project challenges nuclear weapons, Summer94, P14).Several global non – governmental organisations, whose principal objective was to bring about nuclear disarmament and usher in peace; were instrumental in engendering a request for providing an advisory opinion regarding the legality of using or threatening to use nuclear weapons (Kramer, Dec99. P395).

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