International Disarmament Institute News

June 30, 2017
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Op-Ed: Ensuring Respect for the Nuclear Weapons Ban Treaty

Matthew Bolton, director of Pace University’s International Disarmament Institute, published the following op-ed in the Nuclear Ban Daily on 29 June 2017 on ensuring respect for theNuclear Weapons Ban Treaty, currently being negotiated at the UN in New York. For more a detailed report on his research regarding positive obligations, including ensuring respect and promoting norms, click here.

A crucial purpose of the ban treaty process is to stigmatize nuclear weapons. To do so, it should undermine the policies and practices in nuclear-armed and nuclear-allied states that entrench the persistence of nuclear arsenals. This includes delegitimizing doctrines of nuclear deterrence and accepting the stationing of nuclear weapons on the territories of non-nuclear weapons states. Prohibitions on military preparations and planning, stationing, and financing of nuclear weapons are key elements in this effort, raising the costs—economic, social, political and diplomatic—of the nuclear weapons complex.

However, stigmatizing nuclear weapons will require more than negative prohibitions. It will also require states to take positive actions that cultivate, generate, and disseminate the norms of the treaty, both domestically and globally.

In this round of negotiations, states and civil society have begun to discuss potential provisions to this effect, including regarding universalization, norm promotion, disarmament education and awareness raising, and fostering a culture of peace. Others have suggested language that would require states to condemn violations of the prohibitions by states not party. Such obligations would help do the discursive work of delegitimizing nuclear weapons and nuclear deterrence doctrines.

In building and strengthening this stigmatizing architecture, states should also consider augmenting it with the “respect” tradition in humanitarian law.

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June 23, 2017
by mbolton
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UN Side Event Highlights Importance of Victim Assistance and Environmental Remediation in Nuclear Weapons Ban Treaty

Roland Oldham, president of Moruroa e Tatou, an organization representing the rights of victims of nuclear weapons testing in Tahiti, presenting at the UN during negotiations of a Nuclear Weapons Ban Treaty.

Pace University’s International Disarmament Institute co-hosted a panel with the Irish Mission on positive obligations in the draft Nuclear Weapons Ban Treaty at United Nations Headquarters on 21 June 2017. The event was also co-sponsored by Article 36, Mines Action Canada, Friedrich-Ebert-Stiftung and Harvard Law School International Human Rights Clinic.

We were honored to hear from His Excellency Ambassador David Donoghue, Permanent Representative of the Republic of Ireland and Deputy Permanent Representative Tim Mawe, who both expressed Ireland’s strong support for positive obligations of victim assistance, environmental remediation, disarmament education and international cooperation and assistance in the Nuclear Weapons Ban Treaty. They suggested that similar provisions in the Convention on Cluster Munitions, negotiated in Dublin, could serve as useful models.

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June 21, 2017
by mbolton
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Presentation of Research on Norm Promotion Provisions to Nuclear Weapons Ban Treaty Negotiations

Pace University’s International Disarmament Institute presented research on norm promotion and dissemination provisions in disarmament treaties to the UN negotiations on a nuclear weapons ban treaty. Below is the written version of the statement delivered by Dr. Matthew Bolton. For more details on the research, see the Institute’s Working Paper.

Thank you Madame President,

This Convention aims to stigmatize nuclear weapons. However, normative change does not happen by itself; it requires action by states, international organizations, civil society, faith leaders and academia.

Pace University’s International Disarmament Institute has conducted research on provisions in relevant humanitarian and disarmament instruments regarding the universalization and promotion of norms they establish. Our detailed research can be found in Working Paper, number 36, submitted to the conference.

The current draft of Article 13 on universalization establishes important obligations to encourage other states to join the treaty. However, we encourage the conference to consider including provisions found in other instruments that provide additional avenues for diffusing norms.

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June 15, 2017
by mbolton
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Side Event on Positive Obligations in a Treaty to Prohibit Nuclear Weapons

Pace University’s International Disarmament Institute will co-host a panel on positive obligations in the draft Nuclear Weapons Ban Treaty at United Nations Headquarters, 1.15-2.45pm, 21 June 2017 in Conference Room B.

During the March negotiation session of the nuclear weapons ban treaty, 27 states plus the Caribbean Community (CARICOM), the ICRC and civil society called for the new legal instrument to include not only a comprehensive set of prohibitions but also positive obligations on states parties. The first draft of the treaty responded to these calls and incorporated general provisions on positive obligations. Negotiating states should now work to expand and strengthen the provisions in order to maximize their effectiveness.

This panel discussion and dialogue will assess the positive obligations in the first draft of the treaty, suggest ways to improve them, and highlight why such revisions would be particularly important to the prohibition treaty. Including positive obligations would enhance the treaty, its operation and impact and is consistent with recent international weapons prohibition treaties. Such positive obligations could include:

  • Rights and remedial measures (e.g. environmental remediation, risk education, victim assistance),
  • Promotion of the treaty and of its norms (e.g. universalization and disarmament education),
  • International cooperation and assistance to implement the above two sets of obligations.

By promoting the inclusion of strong positive obligations in the new legal instrument prohibiting nuclear weapons, this event will help ensure that the treaty not only builds on previous humanitarian disarmament treaties but it also contributes to the SDGs and the 2030 Agenda.

Featured speakers include:

  • H.E. David Donoghue, Permanent Representative of Ireland to the UN
  • Roland Oldham, Moruroa e Tatou (MET), President of an organization advocating for the rights of victims of nuclear testing in Tahiti
  • Bonnie Docherty, Harvard Law School International Human Rights Clinic, expert on humanitarian disarmament law
  • Erin Hunt, Mines Action Canada, expert on victim assistance
  • Elizabeth Minor, Article 36, expert on humanitarian disarmament
  • Matthew Bolton, Director of Pace University’s International Disarmament Institute

This event in co-sponsored by the UN Mission of Ireland, Harvard Law School International Human Rights Clinic, Mines Action Canada, Article 36 and Friedrich Ebert Stiftung.

Click here for the full flyer.

To read an analysis of positive obligations in the Nuclear Weapons Ban Treaty by the International Disarmament Institute, click here.

June 15, 2017
by mbolton
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Report on Strengthening Positive Obligations in the Nuclear Weapons Ban Accepted as Official UN Working Paper

A summary of Pace University International Disarmament Institute research on strengthening positive obligations in the draft Nuclear Weapons Ban Treaty has been accepted as an official working paper by the UN negotiating conference.

The working paper recommends:

  • Strengthening the human rights and environmental framing of the preamble, particularly regarding the impact on victims, indigenous peoples, gender equality and sustainable development,
  • Making victim assistance an obligation and elaborating further on its necessary activities and institutional arrangements,
  • Making environmental remediation an obligation and elaborating further on its necessary activities and institutional arrangements,
  • Including a risk reduction education obligation in the environmental remediation provision,
  • Establishing obligations to promote and universalize the norms stigmatizing nuclear weapons, condemn violations and support disarmament education,
  • Specifying further the types of national implementation measures to be put in place including legal, administrative and other measures,
  • Adding transparency and reporting obligations to ensure accountability in implementation,
  • Specifying further international cooperation and assistance measures, including the establishment of a voluntary trust fund to aid implementation of positive obligations and other provisions.

To read the working paper, click here.

To read the full research report, click here.

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