پژوهشنامه حقوق تطبیقی (Apr 2023)
International Collective Responsibility of Nuclear-Weapon States for Omission: Scrutinizing ILC Articles 2001 and NPT
Abstract
Nuclear-weapon states are under obligation to cooperate with non-nuclear-weapon states to transfer peaceful nuclear technology and have equal access to this technology for all states parties to NPT. The present paper has sought to deal with international collective responsibility of nuclear weapon states for omission and has scrutinized ILC articles in respect of responsibility of states for internationally wrongful acts 2001 (ARSIWA) and NPT. It has sought to have a comprehensive study on the issue by addressing the primary and secondary obligations. The library method was used in this research for collecting data through reviewing documents, books, papers, and sites related to the topic. Scrutinizing ILC articles 2001 as scientific entity for codification and progressive development of international law and NPT, the present paper has found that nuclear-weapon states has a few obligations such as the obligation regarding the transfer of peaceful nuclear technology. The paper has concluded that nuclear-weapon states have breached the obligation collectively which has been extended in time, although the obligations of non-nuclear-weapon states are more. The commission of internationally wrongful act of nuclear weapon states has not been limited to NPT obligations and some of them, such as the U.S., have continued this action regarding other obligations such as the obligations enunciated in JCPOA. Breach of the obligation in question may lead to the termination or suspension of the operation of a treaty as a consequence of its breach. Collective and continuous character of the internationally wrongful act affects the content of international responsibility, causes its cessation and non-repetition, and makes the responsible state to restitute and reparate the material and moral damages.
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