핵확산방지조약(NPT) 체제의 동요와북한의 NPT 탈퇴의 국제법적 정당성

The NPT is a landmark international treaty as well as one of the most important instruments addressing non-proliferation of nuclear weapons. In addition to preventing the spread of nuclear weapons, its objectives include promoting cooperation in the peaceful uses of nuclear energy, and further achieving nuclear disarmament and general and complete disarmament. Opened for signature in 1968, the Treaty entered into force in 1970. In May 1995, the Treaty was extended indefinitely. A total of 191 States have joined the Treaty, including the five nuclear-weapon States. More countries have ratified the NPT than any other arms limitation and disarmament agreement, a testament to the Treaty’s significance. The Treaty is regarded as the cornerstone of the global nuclear non-proliferation regime and an essential foundation for the pursuit of nuclear disarmament. Article X of the NPT provides that a state-party intending to withdraw from the treaty must give the UN Security Council three months’ notice of its intention and provide the Security Council with its reasons for withdrawal. This provision was intended to give the Security Council an opportunity to deal with any withdrawal that might produce a threat to international peace and security. North Korea, which acceded in 1985 but never came into compliance, announced its withdrawal from the NPT invoking this clause in 2003. Taking into account this context, this essay addresses legal and political aspects of North Korea’s withdrawal from the NPT. Specifically, it focuses on the establishment of the NPT regime and its instability, legal assessment on the withdrawal from the treaty, North Korea’s responsibility for the NPT regime, and its implications for the future.