Legal Measures Necessary for Non-Proliferation of Nuclear Weapons in the ASEAN Community

Abstract

International law arising in international legal relations, sometimes there are loopholes which cannot be enforced in an effective international way.

                Case study on creating legal measures that are necessary for non-proliferation of nuclear weapons in the ASEAN community focusing on the Southeast Asia Nuclear-Weapon-Free Zone Treaty, which the Association of Southeast Asia Nations or ASEAN has established for over 20 years. The importance of this Treaty is, specify the Parties prohibit development, production or acquisition of possession or control over nuclear weapons, and to desire all Southeast Asia free from weapons and all destructive weapons.

                Although the Treaty has been signed and rectified by all ASEAN Member States, the five nuclear powers have not accepted the Treaty would make the goal of making the region free from nuclear weapons could not be achieved because of such nuclear powers to be the Parties that bring nuclear weapons into the region. The General Assembly adopted a resolution on the adoption of nuclear weapons free-zones over the years by the Parties’ members from all over the world raising their level of recognition, including the nuclear superpower countries do not oppose. Therefore, as a guideline for creating new norms in international practice, which should have legal consequences for the nuclear superpower that has accepted the resolution by consensus, and this consensus may be a channel that leads to legal binding that every superpower and every state must refrain from using nuclear weapons in the region instead of signing or ratifying the Treaty.