Nuclear Weapons Prohibition Treaty: Towards the Peaceful Civilian Use

Abstract

With the rapid advancement of technology, the demand for energy is ever-growing. In response To meet the growing need, nuclear power has emerged as a viable solution. At the same time, states tend to strategically rely on this as a policy of deterrence, mainly through the development of nuclear weapons. The International Atomic Energy Agency (IAEA) has been constantly advocating for the peaceful use of nuclear technology; however, there is rapid growth of these nuclear arsenals and, subsequently, an arms race. Enacting a robust legal framework is crucial to revitalize the core objective and prevent potential deviation. An extensive analysis of existing legal frameworks regulating nuclear energy and weapons are required, notably the Treaty on the Prohibition of Nuclear Weapons (TPNW), which is not prevalent in the existing scholarship. In In this milieu, the paper aims to examine various national/international laws governing nuclear weapons and provide a holistic understanding of the legality surrounding the same. This paper explores how the International Law Framework regulates nuclear weapons and their prohibition and how it sets standards, paving the pathway for their peaceful uses. In the national context, the paper analyses Nepal's laws and policies relating to the peaceful use of nuclear energy and its subsequent technologies. However, this paper does not attempt to provide a blueprint for implementing nuclear policy in Nepal; rather, it highlights the need to collaborate with IAEA and nuclear-advanced countries, the opportunities brought, and the inherent challenges associated with it. Methodologically, the research involves reviewing secondary data, focusing on laws/regulations concerning nuclear weapons and their ethical considerations. This doctrinal study involves comprehensive reviews of various legal frameworks, case narrative studies, and content analysis. The aim is to explore the existing legal regime governing nuclear weapons and its relation to atomic/nuclear diplomacy.