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Forbearance is no Acquittance: the Legal Status of the Comprehensive Nuclear Test Ban Treaty

Published online by Cambridge University Press:  03 March 2004

Guido den Dekker
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Abstract

The difficulties surrounding the entry-into-force of the CTBT, which have become more pressing after the refusal of the American Senate to ratify the treaty, have their origin in divergent perceptions of different groups of states about the relationship between the NPT and the CTBT in terms of non-proliferation and nuclear disarmament. Still, preparations for the implementation of the treaty continue unabated. It can be upheld that given the current legal status of the CTBT there already exists a prohibition on the carrying out of nuclear test explosions anywhere for all States Signatories of the CTBT, at least as long as they have not indicated not to become a Party to the treaty.

Keywords

arms controlnuclear weaponsnon-proliferationCTBT
Type
CURRENT LEGAL DEVELOPMENTS
Information
Leiden Journal of International Law , Volume 13 , Issue 3 , September 2000 , pp. 669 - 680
Copyright
© 2000 Kluwer Law International

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