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Article 2024 · 0 citations

State Status of North Korea Persistent Objector with Respect To The Prohibition on the Use of Nuclear Weapons

Turkay, Hatice

Abstract

Nuclear weapons are a type of weapon that has been tried to be limited in production and use in some ways due to the serious effects they have on both living things and the environment since they were first used by the USA in Hiroshima and Nagasaki in 1945. The Nuclear Non-Proliferation Treaty of 1968 provides an important arrangement for this purpose. The treaty recognised the United States, Russia, the United Kingdom, France, and China as nuclear states. The Democratic People's Republic of Korea is not a state that the treaty recognises as a nuclear state. However, North Korea began nuclear weapons studies during its first leader, Kim Il Jong, and declared that it had reached its goal of developing nuclear weapons in 2018. For this reason, it is known today that North Korea also has nuclear weapons. North Korea has also confirmed this information at different times. The Treaty on the Prohibition of Nuclear Weapons was signed in 2017, which introduced an explicit ban, but the treaty faced objections from five states, which are considered nuclear states. North Korea, which withdrew from the Nuclear Non-Proliferation Treaty (NSY & Ouml;A) in 2003, is also not a party to the treaty. Therefore, he argued that there is no binding regulation. Therefore, the nature of the prohibition on the use of such weapons has become more important in terms of the sources of international law. It should be noted that the prohibition has become a customary rule and therefore binds all states that do not have a persistent objector attribute. Therefore, states that do not want to be subjected to this ban, which has become a universal customary rule, must constantly and persistently object to the said rule. For North Korea to not be subjected to a ban, it must also have a persistent objector status. In order to determine the situation of North Korea with respect to the ban, it should be examined whether it has the status of a persistent objector

Keywords
Nuclear Weapons Nuclear States Prohibition of Threats or Use of Nuclear Weapons North Korea Persistent
WoS Categories
Law
Sustainable Development Goals
Citation
Journal
ISTANBUL HUKUK MECMUASI
Year
2024
Volume
82
Issue
3
Pages
955-984
ISSN
2636-7734
eISSN
2667-6974
DOI
10.26650/mecmua.2024.82.3.0009
WoS UID
WOS:001329133400009
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