3.8 Article

Legal Reflections on the Irreversibility of Nuclear Disarmament

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TAYLOR & FRANCIS LTD
DOI: 10.1080/25751654.2023.2293501

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Irreversibility; nuclear disarmament; CTBT; TPNW

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This article discusses the legal issue of the irreversibility of nuclear disarmament, highlighting how treaties, prohibition norms, and safeguards can contribute to increasing irreversibility. However, withdrawal and violation of treaties remain major challenges to achieving irreversibility.
While the shared objective of a nuclear-weapon-free world has always implied an element of irreversibility, the term as such has not been consistently used in important disarmament texts before. This article provides legal reflections on the topic of irreversibility of nuclear disarmament. It intends to demonstrate how current treaty-based instruments, evolving prohibition norms, and safeguards can contribute to higher levels of irreversibility. The possibility of a withdrawal, even when a strong clause makes it difficult under a certain treaty, as well as the danger of a violation of a treaty, remain a major challenge to irreversibility. Only strong sanctions by the international community can make such a behaviour as costly and unattractive as possible, thereby minimizing the probability.

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