@article{oai:bunkyo.repo.nii.ac.jp:00006823,
 author = {山田, 寿則 and ヤマダ, トシノリ and Yamada, Toshinori},
 issue = {1},
 journal = {文教大学国際学部紀要, Journal of the Faculty of International Studies Bunkyo University},
 month = {2017-07-31},
 note = {In this paper we will examine the legal situation on the threat or use of nuclear weapons and
how the legal argument progresses under the humanitarian approach to nuclear disarmament
as preliminary observations for the treaty to prohibit nuclear weapons on which now are under
negotiations.
The upcoming treaty is based on the assertion that it is legally required to identify and pursue
effective measures to fill the legal gap for the prohibition and elimination of nuclear weapons. But
with regard to the threat or use of nuclear weapons, there is no gap in the law. International Court
of Justice (ICJ) identified several legal principles and rules applicable to nuclear weapons in its
1996 Advisory Opinion. Its “non liquet ” on “an extreme circumstance of self-defence” was caused
by inappropriate application of the principles and rules to nuclear weapons inadequately for some
reasons.
All Nuclear Weapon States explicitly or implicitly acknowledge the application of international
law, and especially international humanitarian law (IHL) to nuclear weapons. Under the discourse of
the humanitarian approach to nuclear disarmament, many states and commentators also insist their
opinions on the premise of applicability of IHL. There is gap not in the law, but in application of the law.
Against this legal background, the upcoming treaty should be carefully formed to strengthen the
law against nuclear weapons.},
 pages = {141--161},
 title = {核兵器禁止条約に関する予備的考察 : ――核兵器による威嚇または核兵器の使用に関する「法的ギャップ」},
 volume = {28},
 year = {}
}