The Legal Regime of the Nuclear Tests Ban in International Law

Nuclear testing is not only a threat to peace and security of the world, but it could cause different levels of environmental pollution in accordance with the forms of its occurrence. Although the activists of international law regime have created the Antarctic Treaty, the Partial Nuclear Test Ban Treaty, the Comprehensive Nuclear Test Ban Treaty, The Prohibition of Nuclear Weapons in 1959, 1963, 1996, and 2017, respectively, but the aforementioned instruments have inadequacies and ambiguities that are caused not to create a suitable legal strategy to confront nuclear testing. Accordingly, the most important flaws of the aforementioned treaties are the lack of transparent definition of the nuclear test and explosion and their scope, the neglect of civil responsibility and the drawing up of the mechanism for compensating for nuclear tests, the creation of difficult conditions for their entry into force and, the possibility of a withdrawal clause. Furthermore, there is no explicit mandate to ban nuclear testing among other sources of international law. Therefore, during this essay, it aims to recognize and remove the flaws in the field of nuclear testing by explaining the legal system governing the prohibition of this type of testing in international law.