The international regulation of the possession of nuclear weapons after the entry into force of the Treaty on the Prohibition of Nuclear Weapons. New and old debates in a turbulent international scene

Abstract

The entry into force of the Treaty on the Prohibition of Nuclear Weapons was not welcomed by the international community as a whole. On the contrary: strong criticism from the nuclear states and their allies pointed to this new treaty as responsible for jeopardizing the system implemented by the Treaty on the Non-Proliferation of Nuclear Weapons. Undoubtedly, 2022 has provided an unequalled opportunity to contrast this position due to the convening of the two international conferences that have brought together the States parties to both treaties. In addition, the nuclear issue has also been protagonist on the 77th session of the United Nations General Assembly in relation to the invasion of Ukraine, This article analyzes the conventional norms in force in the international nuclear system and address some of the debates open in these three international forums, such as the compatibility between both treaties and the possible generation of a customary norm after the adoption of the Treaty on the Prohibition of Nuclear Weapons.