THE TREATY ON THE PROHIBITION OF NUCLEAR WEAPONS AND INTERNATIONAL LAW
Dilara GAYIR tarafındanThe Treaty on the Prohibition of Nuclear Weapons (TPNW) represents a landmark attempt to eliminate muclear weapons by establishing a comprehensive prohibition framework. Immediately after its adoption, it was argued that the TPNW contributed to or facilitated the emergence of a new customary rule of international law prohibiting the possession, use, or threat of use of nuclear weapons. This study examines whether the prohibitions set forth in Article 1 of the TPNW have attained the status of customary international law. The study addresses two main research questions by adopting a methodology based on an examination of state practice, opinio juris, and case law, First, it examines whether the prohibitions under Article I possess the necessary characteristics to be recognized as customary international law. Second, it evaluates the legal status of objecting states within the framework of the persistent objector rule, in the event that the prohibitions in question are recognized as customary international law or are anticipated to achieve such status in the near future. The findings of the study show that the prohibitions envisaged by the TPNW have not yet evolved into customary international law, The primary reason for this is the lack of uniform and representative state practice, particularly among nuclear-weapon states and their allies. This research aims to contribute to the doctrine by highlighting the challenges of aligning global disarmament objectives with the strategic and security concerns of muclear-weapon states and their allies, ultimately suggesting that the normative aspirations of the TPNW remain constrained by geopolitical realities.
Dilara GAYIR
