Non-Proliferation Law and Countermeasures

Abstract

This paper examines a central question concerning the international law of countermeasures: what is the extent to which non-proliferation law, and the special obligations and institutional mechanisms created by the governing treaties, enables, limits or otherwise modifies the right to resort to countermeasures under general international law?

This paper explores this question through the examination of non-proliferation law with regard to three central sub-questions: (a) who has standing to take countermeasures, due to the particularities of non-proliferation obligations; (b) when can countermeasures be taken, given the prevalence of institutional mechanisms and special rules in non-proliferation law; (c) what countermeasures may be taken given the particular practicalities of the WMDs and non-proliferation law.

The paper seeks to provide a pragmatic and doctrinal view of the way in which countermeasures may be taken, in accordance with the law, in the diverse area of non-proliferation law.

Keywords: Nonproliferation Law, Fragmentation, Countermeasures, Law on State Responsibility, Interdependent Obligations, UN Security Council, Iran, Fitzmaurice, Urgent Countermeasures