Il Trattato sulla messa al bando delle armi nucleari del 2017 nel quadro degli strumenti internazionali in materia di non proliferazione

The contribution examines the 2017 Treaty on the Prohibition of Nuclear Weapons (TPNW) within the broader framework of international non-proliferation and disarmament law. The analysis first explores the origins of the Treaty and the main obligations introduced by its provisions, with particular attention to the comprehensive prohibition on the development, possession, transfer, use, and threat of use of nuclear weapons. The chapter then investigates the relationship between the TPNW, the 1968 Treaty on the Non-Proliferation of Nuclear Weapons (NPT), and the 1996 Advisory Opinion of the International Court of Justice on the legality of the threat or use of nuclear weapons. Particular emphasis is placed on the legal and political implications of the Treaty, especially regarding its normative value and its potential contribution to the evolution of customary international law. Although the TPNW represents a significant step towards nuclear disarmament, the lack of participation by nuclear-armed States and NATO members raises important questions concerning the universal scope and effectiveness of the prohibition established by the Treaty.