This article argues that the Treaty on the Prohibition of Nuclear Weapons (TPNW) would not have been possible without protecting the inalienable rights of states to pursue nuclear energy for peaceful purposes. While some Western states and NGOs have pushed to ban all applications of nuclear technology, this was unacceptable to a large number of disarmament-supporting states from the Global South and the Non-Aligned Movement. Without support from states across the Global South, the TPNW would not have achieved the required number of signatories to be adopted. Thus, we argue that to properly understand the TPNW, an appreciation of states’ interests and motivations beyond their more widely discussed frustrations with the pace of nuclear disarmament is essential. We also argue that nuclear weapons scholarship must pay more attention to perspectives from the Global South and the concept of Nutopia – a belief in both the dystopian potential of nuclear weapons and the utopian possibilities of nuclear energy – in its understanding of nuclear politics, past and present. Global South perspectives are often overlooked, and as such, current regimes of nuclear arms control and disarmament remain only partially understood in Western literature.

This study examines the effects of contestation on individual norms that are embedded in larger norm clusters. We define norm clusters as collections of aligned, but distinct norms or principles at the center of a regime. Norm clusters include multiple norms that can be insulated from contestatory challenges by degrees of cohesion, institutionalisation, and legalisation. While some constructivists argue that the most important dynamic to study is ‘robustness’ of individual norms, we contend that ‘resiliency’ of norm clusters offers a richer assessment of prospects for international cooperation and long-term impact on state behaviours. Thus, this study distinguishes conceptually between different structural layers that can generate various effects in conjunction with norm contestation. We add a third, or intervening layer of explanation with norm clusters, between the intersection of norms (lowest layer) and normative structures (broadest layer). To explore this argument, comparative case studies examine the resiliency of two prohibitionary norms – the nuclear disarmament norm within the non-proliferation regime and the norm banning assassination of foreign adversaries, which is not embedded in a regime structure. While the robustness of individual norms may be challenged, our results suggest a role for resilient structures in promoting overall longevity of norm clusters.

This paper argues that pursuing negotiations in good faith on effective measures for nuclear disarmament is a legal obligation, not a foreign policy option. Drawing on the New Agenda Coalition paper of April 2014, which identified some pathways by which nuclear disarmament might be pursued, this paper identifies and analyzes international legal issues raised by each of those pathways. The paper concludes by explaining why legal analysis and discussion are important even in the absence of a settled political commitment to nuclear disarmament.