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1 Nobuo Hayashi, On the Ethics of Nuclear Weapons: Framing a Political Consensus on the Unacceptability of Nuclear Weapons 1 (2015)

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LPI


UNIDIR


Introduction


Today's international law regime leaves little
room for lawful use of nuclear weapons.' At the
same time, there is no prohibition of these weap-
ons per se.2 This situation distinguishes them
from biological and chemical weapons, which
are subject to comprehensive bans under the 1972
Bacteriological and Toxin Weapons Convention
and the 1993 Chemical Weapons Convention, re-
spectively.


The 'legal gap' became a major focus in discus-
sions at the third 'Conference on the Humanitar-
ian Impact of Nuclear Weapons', held in Vienna
from 8 to 9 December 2014. Both Austria's sum-
mary, and subsequent national pledge4 noted this
gap, as well as the desirability of filling it with
a prohibition. Importantly, Austria also recog-
nized the existence of profound moral and ethical
questions concerning nuclear weapons that go
beyond questions of law. As with other contro-
versial areas of life in general, law's ambivalence


Mr Nobuo Hayashi is a senior legal advisor at the International Law and Policy Institute, and a researcher at
           PluriCourts, a Centre of Excellence project at the University of Oslo Law Faculty.


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