Vital National Interests of States in the Shadow of the Disarmament and Arms Control Treaties

The international process of disarmament and arms control is an arena for constant disputes and conflicts between international tendencies and vital national interests of states. The conflict between vital national and security interests of states has sterilized the system of nuclear disarmament and arms control. The international law of disarmament and arms control treaties as an evolving legal system are evaded by resorting to different excuses by states under the pretext of preserving vital national interests. However, states claim that their actions do not violate the principles of international law. Therefore, the concept of vital national interests and similar concepts with political natures are among the main obstacles to the development of universal law on disarmament and arms control treaties, because they pave the way for arbitrary misuse of rights by states. For this reason, the slow process of developing principles of international law in this sphere stems from the national interests and sovereignty of states. Also, this area compared to other areas involves more limitations on the sovereignty and national interests of states to the benefit of international sovereignty and interests. This is due to the content of undertakings and monitoring mechanisms to ascertain the compliance of states to the regulations. This article tries to address the impact of vital national interests on the process of the development of principles of law on disarmament and arms control with an emphasis on the International Court of Justice judgments.