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[국문주제어]

핵무기, ICJ의 권고적 의견, NPT, 평화의 위협, 6자회담, 핵억지, 정전론

  The Normative Assessment of the North Korea’s Nuclear Weapons

Chung, Tai-Uk

Professor, Ajou University

This essay is an attempt at a comprehensive normative assessment on the North Korea’s nuclear weapons. It does not see North Korea’s nuclear weapons illegal in the current international law. Nevertheless, it does not approve of them in the wider sense of law. This essay begins with the question of legality of the nuclear weapons themselves. Here the advisory opinion of ICJ of 1996 provides a good reference. Secondly, this essay addresses the question whether or not North Korea is entitled to nuclear weapons even if the weapons are not illegal per se. Here the validity of the North Korea’s withdrawal from NPT matters. Even though North Korea’s withdrawal from NPT is valid, North Korea’s nuclear weapons would be blamed as threat to peace on the Chapter 7 of UN Charter. Last but not least, the nuclear deterrence is to be considered. There are various theses that legitimizes the deterrence policy in the realm of both international relations theory and the just war theory. North Korea’s deterrence policy could win approval of the realists like Kenneth Waltz, but would fail to satisfy the requirements of the just war theory.

[Key Words]

Nuclear Weapons, ICJ Advisory Opinion, NPT, Threat to Peace, Six Party Talk, Nuclear Deterrence, Just War Theory