Research On International Law Issues Of Nuclear Disarmament Obligations In The Context Of Marshall Islands Case

Considering that nuclear disarmament plays an essential role in international peace and security,it has always been an important topic of concern to the international community and the international legal community.The end of the Cold War has not changed the international community's pursuit of the deterrent power of nuclear weapons.Coupled with the serious nuclear proliferation and nuclear terrorism,the international community is still under the cloud of nuclear threats and nuclear safety,posing a huge threat to international security.At present,major events in the international nuclear disarmament field have destabilized the global situation of nuclear disarmament security,and have had an impact on bilateral and multilateral nuclear disarmament and regional non-proliferation systems.The adoption of the Treaty on the Prohibition of Nuclear Weapons has divided the power and opinions of different countries in the global nuclear disarmament process.The Trump administration announced that the United States will withdraw from "Treaty Between The United States Of America And The Union Of Soviet Socialist Republics On The Elimination Of Their Intermediate-Range And Shorter-Range Missiles" that once was regarded as an important milestone and its nuclear weapons promotion policy will make the prospects for nuclear disarmament bleak.As a result,nuclear disarmament obligations have once again aroused the widespread concern of scholars of international law.The current basic status quo in the field of international nuclear disarmament is that little progress has been made in the substance of nuclear disarmament and that negotiations on nuclear disarmament have been difficult.Only by clarifying the legal content of nuclear disarmament obligations and by cooperating with nuclear disarmament obligations,can the process of nuclear disarmament be effectively advanced.However,nuclear disarmament obligations within the framework of the Treaty on the Non-Proliferation of Nuclear weapons were once illusory,and the parties had great differences on the content and binding nature of their nuclear disarmament obligations.This has led to the nuclear disarmament obligations under the Treaty not fully realizing the original intent and purpose of their legislation.Taking the Marshall Islands case as an example,the obligation of nuclear disarmament is not only chaotic and controversial in the interpretation of connotation,but also in practice there is confusion and uncertainty.In particular,there are ambiguities to varying degrees as to how to determine the criteria for the fulfillment by the parties of their nuclear disarmament obligations,the legal status of nuclear disarmament obligations and their binding force.This paper will use the Marshall Islands case as an empirical analysis to analyze the legal basis and the value of international law in the Marshall Islands from the perspective of international humanitarian law and international human rights law.From the perspective of international treaty law,the content of nuclear disarmament obligations under Article 6 of the Treaty on the Non-Proliferation of Nuclear Weapons has different interpretations.At the same time,the International Court of Justice also proposed different connotations of nuclear disarmament obligations in the 1996 advisory opinion on the legality of the use of nuclear weapons.On the basis of combining the two definitions of nuclear disarmament obligations,the nuclear disarmament obligations scientifically discussed in this paper include the obligation to conduct nuclear disarmament negotiations in good faith,the nuclear disarmament negotiation and the goal of achieving nuclear disarmament in good faith.Then,proceeding from the two constituent elements of State practice and opinion juris,this paper explores the status of international customary law of nuclear disarmament obligations as proof of the binding force of nuclear disarmament obligations and promotes the implementation of nuclear disarmament obligations.Otherwise,the state needs to take State responsibility for its illegal acts that violate its nuclear disarmament obligations.Finally,relying on the concept of the current community of human destiny,and on the basis of combing the existing international nuclear disarmament mechanism,combined with our position and contribution to nuclear disarmament obligations,we put forward legal proposals to promote the implementation of global nuclear disarmament obligations.