Desarmamento nuclear no Direito Internacional: novos discursos, velhas angústias

Abstract

This paper aims at discussing nuclear disarmament from the perspective of the obligations assumed by states at the international level, especially in the sixties, since it is still a current theme in international fora, not only because of the environmental damage that such weapons can cause as punctually noted by the International Court of Justice in an advisory opinion, but also for the ongoing conservation of such weapons by states, as prescribed by the Republic of the Marshall Islands recent application brought before the Hague Court against nine major nuclear powers. Thus, at first, the current status of nuclear weapons will be reflected, in order to explain its emergence and development by countries over the years. Subsequently, the text will address the emergence of international treaties on the topic, chiefly the treaty of non-proliferation, displaying the international obligations that it entails. Further on, the way that that these obligations are handled by international law, in particular by the International Court of Justice in its judgments and opinions over the years, will be addressed, so as to reflect not only the constant concern of the international community to this issue but also to illustrate a transformation of the legal argument itself, whose aim, however, is still the same – the actual reduction of these weapons.