Legal Research

Addressing acknowledged flaws in the consensual regime of the Nuclear Non-Proliferation Treaty, USF's Professor Jack I. Garvey calls for a New Architecture for the Non-Proliferation of Nuclear Weapons. The keystone of the new architecture would be a United Nations Security Council resolution declaring nuclear weapons proliferation to be a "threat to peace" and engaging the sanctions regime of Chapter VII of the United Nations Charter. The proposed new regime would be mandatory, and would apply to non-state actors as well as to states. It would also seek to formalize and strengthen the inspection and verification role of the IAEA. Professor Garvey presents evidence that the political will exists to move toward the new architecture.

This is Professor Garvey's second article on nuclear proliferation issues. The first, also published in the Journal of Conflict and Security Law, was The International Institutional Imperative for Countering the Spread of Weapons of Mass Destruction: Assessing the Proliferation Security Initiative.