Test bans and the comprehensive test ban treaty organization

Abstract

Over the decades, international norms have established prohibitions of nuclear test explosions and a regime of non-proliferation of nuclear weapons. Test bans are currently established by several treaties, either multilateral, regional or bilateral. This chapter focuses mainly on the two treaties with universal vocation: the 1963 Partial Test Ban Treaty and the 1996 Comprehensive Nuclear-Test-Ban Treaty. Neither of them has achieved universality. The former is a result of the balance of powers during the Cold War. It has been in force for 50 years, greatly contributing to the reduction of radioactive substances contaminating the natural and human environment. However, it does not contain a total prohibition of nuclear explosions nor include provisions on control over implementation. The latter stems from the end of bipolarism in the post-Cold War international community. It prohibits all types of nuclear explosions and creates a unique and comprehensive verification system. However, it is still not in force, while a provisional intergovernmental organisation has been founded to build up the verification regime, which is now almost entirely operational. The non-entry into force of the CTBT suggests to explore alternative means of implementation and to consider the role of customary international law in the matter.