The Nuclear Non-Proliferation Treaty’s Gordian Knot: The Intractable Problem of the Legality of Nuclear Sharing
Anna Hood analyses whether Articles I and II of the Nuclear Non-Proliferation Treaty (NPT) permit nuclear sharing. She argues—contrary to previous research—that the ordinary meaning of Articles I and II, the NPT’s travaux préparatoires and subsequent agreements and practice point to a deep ambiguity as to whether nuclear sharing is permitted under these Articles. It then suggests that, while Articles I and II NPT offer little help in determining the legality of nuclear sharing, the nuclear disarmament obligation embedded in Article VI NPT can be used to challenge the legality of the practice.
Acknowledgements
The author thanks Arianna Bacic and Katie Marshall for research assistance, Peter Hayes for comments and insights and the anonymous reviewers for their helpful suggestions.
This essay was posted by International & Comparative Law Quarterly here under Creative Commons license the terms of which are found here. This report is published simultaneously by the Nautilus Institute here.
About the Author
Anna Hood is an associate professor at the University of Auckland. She is a public international law academic whose research focuses primarily on international disarmament law, international law and security, and the intersection between depth psychology and international law.
Disclaimer: The opinions articulated above represent the views of the author(s) and do not necessarily reflect the position of the Asia Pacific Leadership Network or any of its members. The APLN’s website is a source of authoritative research and analysis and serves as a platform for debate and discussion among our senior network members, experts and practitioners, as well as the next generation of policymakers, analysts and advocates. Comments and responses can be emailed to apln@apln.network.
Banner image: Nautilus Institute generated by Perplexity AI.
