The Nuclear-Law Conundrum: Some Insights into the Future
Access Law Kenya
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by Jude Oundo
Julius Robert Oppenheimer, the father of the atomic bomb, was an instrumental figure in the development and use of nuclear technology, particularly ammunition. His drive to create this was founded upon his love for quantum mechanics which led him down the path of studying atomic fusion. This was during the middle to late stages of World War 2; this was despite protests from the scientific community at the time, against the use of nuclear bombs.
This was a time with little to no tech advancement and the emergence of extreme political factions such as fascism. It is therefore interesting to explore how differently events would occur if the technology that exists today was developed at the time?
In order to prevent the realization of the answer to the said question, the United Nations (UN) under the non-proliferation treaty (NPT) was ambitious to prevent the further development of and distribution of nuclear weapons. Many of the world’s nations have ratified this treaty with fewer assenting it into law. However, this has not stopped countries like China (350) and North Korea (50) from expanding their nuclear arsenal and countries like the United States of America (5,550) and Russia (6,257) from keeping their large nuclear arsenals. This begs the question of whether the NPT was a tool barring countries from developing their own nuclear arsenals and keep the “big boys” in power or was it (the NPT) created to prevent another Hiroshima or Nagasaki? This seems to be the reason why the members of the Security Council hold seemingly unfettered authority over other countries, due to their nuclear power, the US overwhelmingly so.
Technology currently allows for further research and development of such weapons. Recently, atomic fission has been researched and declared feasible thus creating the opportunity for greater provision for nuclear energy but also creating a greater threat because it is more powerful and more destructive than atomic fusion. With the existence of this, it is important to create policies in individual states to limit the number of nuclear warheads within a country’s borders or to remove them completely. These national policies should also be complemented by international law (the apparently toothless dog) which would either limit or completely allow any nation to use, distribute or even develop nuclear warheads. It is important to note that this suggestion would be as feasible as watering the sun because it would require an enforcer that would ensure that all nations abide by this.?
It is time current laws and technology are developed in tandem to prevent countries or agents of chaos from using nuclear weapons?to threaten sovereign states or to threaten their people's internal sovereignty.