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The Treaty on the Prohibition of Nuclear Weapons The Treaty on the Prohibition of Nuclear Weapons
Legal Challenges for Military Doctrines and Deterrence Policies
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5 - Customary International Law, Opinio Juris and State Practice Regarding the Treaty on the Prohibition of Nuclear Weapons 2017: Toward Universality?

Published online by Cambridge University Press:  17 April 2021

Jonathan L. Black-Branch
Affiliation:
University of Manitoba, Canada
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Summary

The adoption of the Treaty on the Prohibition of Nuclear Weapons (TPNW) at the United Nations General Assembly and its movement toward ratification raises both hopes amongst some and fears amongst others regarding the development of customary practice under international law. Although the TPNW purports to strive for universality, significant questions remain regarding the Treaty’s aims and achieving legal unity within the international legal order. The purpose of this chapter is to explore these and other issues regarding the TPNW’s prospects of achieving universality under customary international law and opinio juris.

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The Treaty on the Prohibition of Nuclear Weapons
Legal Challenges for Military Doctrines and Deterrence Policies
, pp. 105 - 134
Publisher: Cambridge University Press
Print publication year: 2021

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