About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (October 29, 2020)

handle is hein.crs/govdciq0001 and id is 1 raw text is: 







       I Congressional
               Research $evice





The Nuclear Ban Treaty: An Overview



Updated October 29, 2020

Since the founding of the United Nations in 1945, the UN General Assembly (UN GA) has called for the
elimination of nuclear weapons. UNGA Resolution A171/258 (2016) called on UN member states to
negotiate in 2017 a legally binding Treaty on the Prohibition of Nuclear Weapons (TPNW), also known as
the nuclear ban treaty. Negotiations ended on July 7, 2017, when 122 countries voted to approve the
treaty. Singapore abstained, and the Netherlands voted against it, citing conflicts between the treaty and
its commitments as a member of NATO. The United States and 40 other states did not participate in
negotiations. To date, 84 countries have signed and 50 countries have ratified the treaty. In accordance
with Article 15, the TPNW will enter into force 90 days following the 50th ratification, which will be on
January 22, 2021. Civil society groups advocated for a nuclear ban, and in 2017, the Nobel Peace Prize
was awarded to the nongovernmental International Campaign to Abolish Nuclear Weapons (ICAN) for its
advocacy role.
Article 1 of the TPNW says that adherents would never develop, produce, manufacture, otherwise
acquire, possess or stockpile nuclear weapons or other nuclear explosive devices. This includes a
prohibition on hosting nuclear weapons that are owned or controlled by another state. Nor would states
parties transfer, receive control over, or assist others in developing nuclear weapons. They also would not
use or threaten to use nuclear weapons or other nuclear explosive devices. Article 7 requires states to give
assistance to individuals affected by the use or testing of nuclear weapons and provide for environmental
remediation.
Article 2 requires a declaration stating whether or not the member state had possessed nuclear weapons in
the past. In addition, Article 4 requires states with nuclear weapons to submit within 60 days a time-
bound plan for the verified and irreversible destruction of that State Party's nuclear-weapon program, to
be verified by the International Atomic Energy Agency (IAEA). Some argue that would-be treaty
members  should devise disarmament details after joining the treaty, because establishing a norm against
nuclear weapons possession and use is the highest priority. Other observers say it is appropriate that the
treaty does not delineate disarmament steps, as none of those states affected are participating in the
negotiations, and it would be more effective for each state be able to determine its own timeline.
Some  critics are concerned that the new treaty would undermine the NPT's verification system of IAEA
safeguards. The near-universal NPT, signed in 1968 and entered into force in 1970, commits the five
officially recognized nuclear weapons states (United States, United Kingdom, Russia, France, and China)
to disarmament but is not an outright ban on possession. Nonnuclear weapon NPT states foreswear
nuclear weapons and place nuclear materials and facilities under international safeguards.
The NPT  nuclear weapon states, also the five permanent members of the UN Security Council, oppose the
TPNW.  The United States, UK, and French UN Permanent Representatives issued a joint press release
stating: A purported ban on nuclear weapons that does not address the security concerns that continue to


CRS  NS GHT

Prepared for Members and


Cornrite s -!, Con~gress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most