![handle is hein.journals/sfkunvlwrv2018 and id is 1 raw text is:
Wind of Change in Nuclear Disarmament: The Treaty on the
Prohibition of Nuclear Weapons as a New Example of
Humanitarian, Victim-centered Arms Control
Daniel Rietiker (PhD)*
I. INTRODUCTION
The adoption of the Treaty on the Prohibiting of Nuclear Weapons (TPNW)
in New York, on July 7, 2017, shifted the paradigm in nuclear disarmament
after more than twenty years of stagnation in the field.' After biological and
chemical weapons bans in 1972 and 1993, respectively, the remaining weapons
of mass destruction will be banned once the TPNW enters into force. Even
though there is considerable disagreement on the practical impact of a treaty for
nuclear disarmament and international security, the award of the Nobel Peace
Prize in 2017 to the International Campaign to Abolish Nuclear Weapons
(ICAN), the coalition that was instrumental in the negotiations and adoption of
the treaty, demonstrates the treaty's significance and immediate impact.2
Article One of the treaty imposes certain prohibitions with a view to
reaching a world free of nuclear weapons, such as use, threat to use,
development, testing, production, manufacturing or transfer of nuclear
weapons.3 Moreover, states are also obliged to refrain from assisting,
encouraging or inducing anyone to engage in any activity prohibited by the
treaty, and to seek or receive assistance in such activity.4 Importantly, states
also undertake not to allow any stationing, installation or deployment of any
nuclear weapons in their territory or at any place under their jurisdiction or
* Member of the Adjunct Faculty of Suffolk University Law School, Boston MA and International Law
Lecturer (University of Lausanne); Senior Lawyer at the European Court of Human Rights (ECtHR),
Strasbourg. The present piece is a summary of a talk that the author gave at Suffolk University Law School in
Boston, MA on Monday, October 16, 2017. All views expressed here in are exclusively those of the author.
1. United Nations Treaty on the Prohibition of Nuclear Weapons (Jul. 7, 2017), https://www.un.org/
disarmament/wp-content/uploads/2017/10/tpnw-info-kit-v2.pdf [https://perma.cc/UZK3-JVJN].
2. See Press Release, The Norwegian Nobel Committee, The Nobel Peace Prize for 2017 (Oct. 6, 2017),
https://www.nobelprize.org/nobelprizes/peace/laureates/2017/press.html [https://perma.cc/DX5F-KHU6]
(awarding Nobel Peace Prize); see also Camila Domonoske, International Campaign To Abolish Nuclear
Weapons Wins 2017 Nobel Peace Prize, https://www.npr.org/sections/thetwo-way/2017/10/06/556047073/20
17-nobel-peace-prize [https://perma.cc/B2M4-2YAT] (noting ICAN's inspiring and innovative support of
TPNW).
3. See United Nations Treaty on the Prohibition of Nuclear Weapons, supra note 1, at art. 1(a), (b), (d)
(detailing prohibited state behavior under treaty).
4. See United Nations Treaty on the Prohibition of Nuclear Weapons, supra note 1, at art. 1 (e), and (f)
(noting cooperation and assistance requirement between signatories).](ViewImageLocal?handle=hein.journals/sfkunvlwrv2018&div=1&collection=&method=preview&ext=.png&size=3)
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