Victim Assistance under the Treaty on the Prohibition of Nuclear Weapons: An Analysis

Singh, Nidhi

doi:10.1080/25751654.2020.1856554

Journal for Peace and Nuclear Disarmament

2020

DOI: 10.1080/25751654.2020.1856554

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Victim Assistance under the Treaty on the Prohibition of Nuclear Weapons: An Analysis

Nidhi Singh¹

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2022

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The Contours and Limits of Environmental Remediation Under the Treaty on the Prohibition of Nuclear Weapons

Evans

2022

Neth Int Law Rev

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The entry into force of the Treaty on the Prohibition of Nuclear Weapons (TPNW) in January 2021 has sparked analysis of the so-called ‘positive obligations’ under Article 6, requiring states parties to address prior harm caused by the testing or use of nuclear weapons to both individuals and the environment. But although there has been much discussion of victim assistance under Article 6(1), there has been comparatively little assessment of the environmental remediation obligation under Article 6(2) that requires affected states to remediate areas contaminated by the past testing or use of nuclear weapons through ‘necessary and appropriate measures’. This article represents an attempt to begin filling this lacuna by considering various issues and questions concerning the scope and limits of the environmental remediation obligation established by Article 6(2). Specifically, this article identifies the geographical scope of application of Article 6(2) to illustrate precisely where TPNW parties’ remediation efforts should be applied, considers the meaning and underlying objectives of ‘remediation’ activities required by Article 6(2), and finally examines certain facets concerning the temporal dimension of the environmental remediation provision. Ultimately, this discussion aims to clarify the contours of the environmental remediation provision of the TPNW, and hopes to offer practical insight for states parties and encourage further consideration of the operationalisation of Article 6(2) in due course.

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The Contours and Limits of Environmental Remediation Under the Treaty on the Prohibition of Nuclear Weapons

Evans

2022

Neth Int Law Rev

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Examining the Scope of Nuclear Weapons-Related Activities Covered under the Environmental Remediation Obligation of the Treaty on the Prohibition of Nuclear Weapons

Evans

2022

AsianJIL

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The entry into force of the Treaty on the Prohibition of Nuclear Weapons (TPNW) in January 2021 has sparked much discussion of the Treaty's positive obligations under Article 6. But while victim assistance under Article 6(1) has received considerable attention, the environmental remediation obligation within Article 6(2) remains underexplored. Filling this gap, this article examines a specific issue relating to environmental remediation under Article 6(2): the scope of nuclear weapons-related activities captured by the obligation imposed upon TPNW parties. Ultimately, it is revealed that significant ambiguity exists as to the scope of activities covered when applying the rules of treaty interpretation of the 1969 Vienna Convention on the Law of Treaties. After offering some policy arguments both for and against a broad interpretation, this paper recommends that TPNW parties should begin to advance and clarify their positions on this issue in order to clearly identify the scope of Article 6(2).

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Victim Assistance under the Treaty on the Prohibition of Nuclear Weapons: An Analysis

Cited by 2 publications

References 12 publications

The Contours and Limits of Environmental Remediation Under the Treaty on the Prohibition of Nuclear Weapons

The Contours and Limits of Environmental Remediation Under the Treaty on the Prohibition of Nuclear Weapons

Examining the Scope of Nuclear Weapons-Related Activities Covered under the Environmental Remediation Obligation of the Treaty on the Prohibition of Nuclear Weapons

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