Compliance and compatibility with the positive obligations of the TPNW
In addition to its comprehensive prohibitions, the Treaty on the Prohibition of Nuclear Weapons (TPNW) obligates its states parties to take a set of positive measures to implement the Treaty. In the sections that follow, these positive obligations are set out and explained and the level of compliance by states parties is assessed. Where relevant, the Nuclear Weapons Ban Monitor also reviews global observance by other states of the norms the TPNW’s positive obligations seek to promote or establish in order to prevent and remediate harm inflicted by nuclear weapons.
Positive obligations are key elements of all disarmament treaties. The parallel positive obligations in the Anti-Personnel Mine Ban Convention (APMBC) and the Convention on Cluster Munitions (CCM) have significantly enhanced their humanitarian impact. While much work remains to be done, the obligations in those treaties have led to a dramatic reduction in the stockpiles of banned weapons, clearance of wide swathes of contaminated land, vital support for victims, and an increase in international assistance from states parties as well as states not party. The positive obligations of the TPNW will similarly advance the Treaty’s broader humanitarian and developmental goals.
Most of the positive obligations in the TPNW do not set out specific deadlines or criteria for the states parties to meet, but are rather long-term goals to work towards in good faith. Implementation is therefore in its early stages. Certain of the TPNW’s positive obligations apply only to nuclear-armed states or states with foreign nuclear weapons on their territory, none of which has yet adhered to the Treaty.