The complete denuclearization of the korean peninsula: Some considerations under international law

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Abstract

The primary purpose of this article is to propose general conditions for establishing a nuclear weapon-free zone (NWFZ) in the Korean Peninsula from the viewpoint of international law. North Korea's nuclear weapons development has created the most negative environment for the peace and security of Northeast Asia since the early 1990s. In spite of painstaking negotiations to denuclearize North Korea, the parties concerned have not found any fundamental solution yet. This interim failure is due to the uncompromising positions of the two sides as well as the inherently paradoxical structure of the Treaty on the Non-Proliferation of Nuclear Weapons, which legalizes the development of nuclear weapons by the recognized nuclear powers. The most reasonable solution is to completely and fairly denuclearize the whole Korean Peninsula under an NWFZ. This paper scrutinizes legal, political and technical problems for realizing the plan for a nuclear-free Korean Peninsula. In a world that all too often seems dark and ominous, the Treaty of Tlatelolco will shine like a beacon. This Treaty is a practical demonstration to all humanity of what can be accomplished when sufficient dedication and the necessary will exist.

Original languageEnglish
Pages (from-to)799-819
Number of pages21
JournalChinese Journal of International Law
Volume9
Issue number4
DOIs
StatePublished - Dec 2010

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