International Law Blog Postings

The 2005 Review Conference of the Nuclear Nonproliferation Treaty (NPT) concluded this week without the adoption of a final resolution, making it the third RevCon to end without some type of consensus since the treaty entered into force in 1970. Only the conferences in 1980 and 1990 also failed to produce final resolutions. While the resolutions are not legally binding, they are considered to be politically important. The divisive issues were the same as the ones first raised thirty years ago at RevCon 1975 and hotly debated ever since. Non-nuclear weapon states worry that nuclear weapon states are not acting in good faith to meet their nuclear disarmament obligations under Article VI. Nuclear weapon states want increased safeguards and constraints on the peaceful uses of nuclear energy, an "inalienable right" granted to all nations under Article IV. While this year's RevCon ended with finger-pointing and bold accusations in the media, mainly directed at the United States and Iran, the unofficial conclusion emerging from pundits and nuclear experts is an inevitable return to nuclear proliferation. In fact, Mohamed ElBaradei, the Director General of the International Atomic Energy Agency (IAEA), told journalist Fareed Zakaria in an interview that the world could expect an estimated 15-20 additional states to acquire nuclear weapons programs within the next two decades. Continue Reading

Dr. William E. Berry, Jr., a professor of military strategic studies at the US Air Force Academy, addressed an audience of 40 last night in Denver, Colorado. The topic for the evening was "North Korean Nuclear Weapons: A Conundrum Wrapped in an Enigma or Rational Choice?" His hour-long speech sought to achieve three goals: a) to examine the motivations and influences behind North Korea's nuclear program, b) to explore potential US strategic responses, and c) to identify recommended political, economic, and military actions for the Bush administration. Dr. Berry concluded that regardless of the motivation, military options are not viable solutions to end North Korea's aggressive stance or to deter the proliferation of nuclear weapons on the Korean peninsula. He advocated a solution that incorporates economic incentives and a new legal instrument to replace the outdated Korean War Armistice Agreement of 1953. During the question and answer period, he criticized the Nuclear Nonproliferation Treaty for its lack of punitive measures against member states which unilaterally withdraw from the treaty, as North Korea legally did in 2003 without recourse. Jim Butterworth, who led a discussion on North Korean refugees and human rights on 28 April 2005 at the US Capitol, was in attendance and voiced his agreement with Dr. Berry's assessment. Continue Reading

Did you send a stamped letter today and realize that the ability to send a secure airmail letter anywhere in the world is made possible by the Constitution of the Universal Postal Union and related protocols, as well as the Convention on International Civil Aviation? Can you think of more examples of ways international law affects your daily life? If so, submit your example by 30 June 2005 to the American Society of International Law for your chance to be published and to win one free conference registration to their 100th Annual Meeting. Continue Reading

What was originally intended in 1986 to be a 5-year "pause" in commercial whaling for the purpose of assessing scientific data and improving sustainable whaling management practices is now nearing its 20th anniversary as a de facto ban. In less than two weeks, an expected 600 participants from 61 countries will confer on the fate of the moratorium at the 57th Annual Meeting of the International Whaling Commission (IWC) being held from 30 May to 24 June 2005 in South Korea. The provisional agenda includes annotations stating that Japan no longer considers the ban to be in effect and that Japan has prepared a "strictly confidential" plan to be disclosed at the meeting. Japan's recent media announcements indicate an impending request for a special research permit to kill endangered humpback and fin whales and an expansion of whaling in Antarctic waters, an area of territorial dispute with Australia and other nations. Japan's media announcements have sparked outrage and last-minute requests for additions to the agenda. Australia will be among the nations at the meeting calling for a permanent ban on commercial whaling, an elimination of research permits, and a restructuring of the IWC to focus strictly on conservation. Likewise, New Zealand is threatening to file suit against Japan before the International Court of Justice (ICJ). Continue Reading

The Nuclear Nonproliferation Treaty Review Conference (NPT RevCon) being held at the UN headquarters in New York began without an agenda because member states could not reach agreement on which substantive issues to discuss and the rules of procedure. The treaty members could not even agree on whether to discuss the major events which have occurred since their last meeting: the first withdrawal from the treaty by a member state, the IAEA report on Iran's violations of the treaty, the uncovering of an international nuclear smuggling network, and the budget proposals by the United States Department of Defense to expand its armaments with "nuclear bunker buster" bombs. The only consensus seems to be a lack of political confidence in the effectiveness of the treaty, particularly in its ability to shield the world from nonproliferation and to legally bind nuclear weapon states to disarmament. The challenge of the month-long conference will be to achieve agreement on the larger task of reform. Continue Reading