@article{oai:bunkyo.repo.nii.ac.jp:00004008, author = {山田, 寿則 and ヤマダ, トシノリ and Yamada, Toshinori}, issue = {2}, journal = {文教大学国際学部紀要, Journal of the Faculty of International Studies}, month = {2015-01-01, 2015-03-09}, note = {This article explores the directions of development of obligation on nuclear disarmament by analyzing Applications submitted by the Republic of the Marshall Islands (RMI) to the International Court of Justice (ICJ). On 24 April 2014, RMI filled the Applications against nine States (China, DPRK, France, India, Israel, Pakistan, Russia, UK and US) accusing them of not fulfilling their obligations with respect to the cessation of the nuclear arms race at an early date and to nuclear disarmament.   So far the nuclear disarmament has been required from the view point of the General and Complete Disarmament (GCD), to which many international instruments on nuclear disarmament refer. But in 1996, ICJ issued its Advisory Opinion on legality of the threat or use of the nuclear weapons, in which it held “there exists an obligation to pursue in good faith and bring to a conclusions leading to nuclear disarmament in all its aspect, under strict and effective international control.” It seems that ICJ separated the obligation on nuclear disarmament from GCD in this opinion. Besides with this, Humanitarian Approach to nuclear disarmament has been advocated, in which humanitarian consequences of use of nuclear weapons are focused in order to activate momentum for nuclear disarmament.   The Applications by MRI mainly base on the understanding of obligation on nuclear disarmament held in the 1996 ICJ Advisory Opinion. This implies the distance from the humanitarian approach to nuclear disarmament. But the applications refers to “the principles of humanity”, “elementary consideration of humanity” and “law of humanity”. Its implication is not clear. Some new directions of development of nuclear disarmament might appear during the proceedings of the Marshall cases in coming years.}, pages = {85--101}, title = {マーシャル諸島共和国による国際司法裁判所への提訴と核軍縮義務の展開}, volume = {25}, year = {} }