School Papers

Nuclear of nuclear tests began in 1945 when

Nuclear tests can be defined as nuclear explosions conducted
in order to achieve some energy benefits or for military purposes to strengthen
the security system of a country. History of nuclear tests began in 1945 when
America for the first time conducted the first nuclear test in a deserted area
of New Mexico. Following the footsteps of America many other countries such as
Russia, China, Pakistan, India, United Kingdom and France have also conducted
successful nuclear tests and made a place in the list of nuclear powers. Conducting
successful nuclear tests by a state not only strengthens the security system of
a state but it also creates an atmosphere of fear and threat among the other
states, as a reaction to which other states also improve their security systems
to minimize the threats by other nuclear states. North Korea also made
successful attempts in conducting nuclear tests; the first attempt was made in
2006 and second attempt in 2009. Currently she is improving their missile
technology and they have launched a long range ballistic missile capable of covering
a distance of at least 1000 kilometers. Other states of the international
community has taken it as a threat to their security systems and declared North
Koreas nuclear tests as a direct violation of international law. United States
being at the top along with the support of some other nations and United
Nations has tried to declare these attempts unlawful and a threat to
international peace and security. There are three treaties which prohibit
states from conducting nuclear tests. The first one is PTBT Partial Test Bann
Treaty, according to this multilateral treaty states are not allowed to conduct
any nuclear tests in atmosphere, outer space and under water because the
radiations emitted by the nuclear tests can destroy the atmosphere and make the
water poisonous. Underground nuclear tests where there are no chances of
leakage of radiations to the atmosphere and water are permissible under PTBT. The
nuclear tests conducted by North Korea were underground and according to their
reports no radiations were emitted into the atmosphere so in view of this treaty
North America has not violated International law. The second treaty which
prohibits nuclear tests is Non Proliferation treaty NPT, according to this
treaty no state is allowed to conduct any kind of nuclear tests. North Korea
became a party to this treaty in 1985 but later on in 2003 she withdrew from
the treaty. The states which are not a party to NPT are not obliged to follow
the treaty and their actions against the principles of the treaty cannot be considered
as a direct violation of International Law. North Korea not being a party to
NPT means that they are not violating any international law regarding the
nuclear tests. The third and recent treaty which condemns nuclear tests is Comprehensive
Nuclear Test Bann treaty CTBT. For a treaty to be considered as a source of
international law it must be signed by most of the states and it should be
ratified into their domestic law. There are around 40 states which have not yet
signed and ratified the treaty including United States. In view of these facts
CTBT cannot be considered as a valid source of international law and respectively
North Korea nuclear tests cannot be considered a violation of international
law. General principles of law or the actions of states which are widely
accepted by other nations are also a valid source of international law. There are
no clear actions of practices of states which would condemn the nuclear tests. After
America many other countries like Russia, United Kingdom, China, France,
Pakistan, India and several other countries have made attempts in nuclear tests
and became a nuclear power. This behavior of states show that there are no
strict boundaries for not conducting nuclear tests, so only North Koreas
nuclear tests should be considered a violation of international law when
several other countries have done it before. The opinion or writings of famous
writers widely accepted by nations can also be considered as a valid source of
international law. In North Koreas case the opinion of the writers is divided. Many
writers consider it as valid and no violation of international law. In view of
all the facts mentioned above one can clearly conclude that North Koreas
nuclear tests are not a violation of international law.