La non-prolifération et le désarmement des armes nucléaires en droit international et le mécanisme de retrait des traités internationaux
Nuclear weapons, the apex of weapons of mass destruction, are unique in the facet that they have an unprecedented potential for destruction, as well as in the fact that nuclear strikes are indiscriminate. This type of weapon, which represents a real threat to humanity, must be regulated by a strong and complete international conventional regimen of non-proliferation and nuclear disarmament. Nonetheless, the latter suffers from deficiencies.  This master’s thesis focuses on the withdrawal mechanism found in this international legal field. The spotlight is more specifically directed on its cornerstone treaty, the Treaty on the Non-Proliferation of Nuclear Weapons of 1968 (NPT), and on the New Start Treaty of 2010, the only agreement which regulates the nuclear stockpiles of the nuclear superpowers, Russia and the United States of America. The analysis is enhanced by the study of the 2003 North-Korean withdrawal from the NPT and of the principles introduced by the Vienna Convention on the Law of Treaties of 1969.  A rather soft withdrawal mechanism, which relies largely on the discretion of the State party, is revealed, despite the threat to international peace and security a decision to withdraw represents. This deficiency, paired with inexistent follow-up measures, leaves the international community facing a highly dangerous situation.  The examination of the more substantiated withdrawal mechanism found in the European Union’s body of law, as illustrated by the Brexit, allows us to suggest possible solutions to strengthen the NPT withdrawal mechanism as well as potential follow-up measures to be implemented following the withdrawal of a State party.
nuclear weapon nuclear non-proliferation disarmament international law withdrawal mechanism armes de destruction massive weapons of mass destruction Treaty on the Non-Proliferation of Nuclear Weapons European Union Brexit safeguards agreement