The Comprehensive Nuclear-Test-Ban Treaty (CTBT) occupies a unique place in international law. Adopted in 1996, it has been signed by 187 States and ratified by 178; however, the Treaty has yet to enter into force. This book examines how the CTBT presents a complex paradox, given that the CTBT Organization’s Preparatory Commission functions as an international organization without a legally binding constituent instrument.
Evaluating the CTBT’s pre-history and negotiation process, Masahiko Asada presents a cutting-edge study of the legal status and powers of a preparatory commission for international organizations. Key topics addressed include: the effect of unratified treaty provisions, the capacity of organizations operating without their constituent instrument in force, and the nature of the instrument establishing the Preparatory Commission. Asada also provides a detailed examination of the obligations under Article 18 of the Vienna Convention on the Law of Treaties, including what constitutes their breach. Analyzing the implications of the CTBT’s non-entry into force, the book assesses solutions to legal and practical problems.
The Comprehensive Nuclear-Test-Ban Treaty is an indispensable read for researchers and students in international law and international relations, as well as for disarmament researchers and activists.
