The nuclear-disarmament conundrum and a good faith solution

Abstract

What are the reasons for the unresolved nuclear-disarmament stalemate between the states parties to the Non-Proliferation Treaty? What are the problems with an unresolved stalemate with regard to nuclear-disarmament obligations under Article VI of the Non-Proliferation Treaty? How can the nuclear-disarmament stalemate between states parties to the Non-Proliferation Treaty be resolved in a manner that preserves the sanctity of legal obligations and protects the legitimate expectations of all states parties to the Treaty? How does the principle of good faith, one of the fundamental principles of international law, impact the legal obligations and legitimate expectations of state parties to the Non-Proliferation Treaty? Can the principle of good faith, explicit within Article VI, reinvigorate the nuclear disarmament process and initiate steps to validate the grand bargain enshrined within the framework of the Non-Proliferation Treaty? These are the questions that this research proposes to answer.

The aim of this research is to demonstrate that one of the reasons for the long-standing nuclear-disarmament stalemate persisting between the states parties to the Non-Proliferation Treaty is the existence of incompleteness of agreement between the states parties in connection with the implementation of Article VI obligations of nuclear disarmament. This research points out the dangers to the non-proliferation and nuclear disarmament regime in the event that the incompleteness of agreement between states parties to the Treaty is not addressed in a timely and objective manner. In order to seek a resolution to the nuclear-disarmament stalemate under the Non-Proliferation Treaty, this research explores the legal, functional and normative impact of the principle of good faith on the legal obligations and legitimate expectations of state parties to the Non-proliferation Treaty. Further, this research proposes a resolution to the nuclear-disarmament stalemate through the normative functionality of good faith as a performance safeguard of nuclear-disarmament obligations under Article VI. Through the aegis of good faith performance as a safeguard of legitimate expectations, states parties to the Non-Proliferation Treaty can work towards resolving the nuclear-disarmament stalemate, validate the grand-bargain enshrined within the framework of the Treaty and thus protect and preserve the stability, credibility and integrity of the Treaty.