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A Study On Comprehensive Nuclear Test Ban Treaty

Posted on:2013-01-18Degree:DoctorType:Dissertation
Country:ChinaCandidate:F H HaoFull Text:PDF
GTID:1226330395975976Subject:International Law
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Ever since the ancient Law of war, way of war have been regulated by international law. As technologies develop the form of armed conflict change over the years, international rules on limitation of weapon is gaining ground. Of all the weapons, nuclear weapon are the most destructive. For the sake of international security, the international community has long been committed to limit the nuclear weapon. Since the1950’s, nuclear has been significantly contributing to limit nuclear weapon. Notably, CTBT is a milestone in the development of Nuclear Proliferation Treaty. Introduction first offers a brief retrospect of the problem, and outlines the issues examined by this thesis. It then provides a synopsis of the existing literature on the subject. Finally, an account is given of the structure of the thesis, and the methodology employed.Chapter1provides an overview of the international regime on nuclear weapon. It then examines the development of the Nuclear Proliferation Treaty and pertaining international rules. In conclusion, it is submitted that Comprehensive Nuclear Test Ban Treaty(CTBT) plays a significant role in limitation of nuclear weapons, and helps to international arms control and disarmament.Chapter2discusses the legality of the use of nuclear weapon from the perspective of treaties and international customary law. It then offers a comprehensive analysis of the obligations of Signatory States prior to the entry into force of CTBT.Chapter3analyses the obligations under CTBT, viz. It also briefly discusses the verification system established by the Treaty, which includes International Monitoring System、Consultation and Clarification、On-Site Inspections.Chapter4provides a detailed analysis of the structure of CTBTO. In this respect, it discusses policy making, work team, and the difficulties encountered by PTS since the Treaty was concluded, including rules of PTS.Chapter5offers a follow-up discussion to Chapter4by commenting on the international law issues relating to communication of CTBTO, including those encountered with signatory States, and with other international organizations.Chapter6Before CTBT comes into force, the Contracting States established national institutions in accordance with International Verification Regime in order to collaborate with CTBTO. National institutions serve as a supplement to IMS and IDC. National institutions may also collaborate with on another, thereby contributing to the implementation of Contracting States’obligations. Chapter7discusses the establishment of international verification mechanism. It analyses the influential factors in the construction of verification mechanism. It is submitted that international politics have been influencing the construction of verification mechanism ever since the negotiation of the Treaty.Chapter8analyses the prospect of CTBT from the perspectives of International community etc. It is submitted that on the one hand, CTBT would establish a forceful and sophisticated verification mechanism, and a comprehensive organization. In so doing, the treaty would prevent nuclear proliferation by prohibiting nuclear test, thereby achieving the goal of destruction of nuclear weapons, and that of maintenance of international security. On the other hand, faced by various difficulties, CTBT may secure its influence by "Provisional application".Chapter9examines the development of nuclear test of China and its influence on China’s nuclear strategy. It seeks to demonstrate China’s image as a responsible nation as evidenced by its contribution to the conclusion of CTBT and sacrifices for that. It is submitted that China will abide by the Treaty, closely monitor nuclear weapon in China, and maintain the peace of the world.Conclusion summarizes the submissions of the thesis. It discusses the legal status and effect of CTBT, with a view to showing the significant role of CTBT in NPT. It then summates the achievements of CTBTO, followed by a brief evaluation of the contribution to international security by verification mechanism established by the CTBTO. Finally, it discusses China’s attitudes towards nuclear and the Treaty, and the specific measures in this respect.
Keywords/Search Tags:Public International Law, Nuclear test, Nuclear Weapon, Comprehensive Nuclear Test Ban Treaty(CTBT), Comprehensive Nuclear Test BanTreaty Organization (CTBTO)
PDF Full Text Request
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