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February 27, 2021
Pacific

Legal Battle over Nuclear Disarmament

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In a continuing legal battle over nuclear disarmament, the Marshall Islands has queried the US Government over its interpretation of the treaty law.

The Marshall Islands says the US government lawyers have misreported the law surrounding treaty disputes, as it pushes ahead with its so called Nuclear Zero Lawsuit, which the Marshall Islands have appealed against.

Marshall Islands, the country which was used as a testing ground for the US’ nuclear program in the forties and fifties, launched action last year to get the world’s nuclear powers to honour their promise to disarm under the Nuclear Non Proliferation Treaty, in which the case against the US was thrown out.

The Marshall Islands appeal says the US courts do have the power to oversee disputes over international treaties saying no law elevates the president’s authority to make a treaty above the judiciary’s power to decide disputes.

The Marshalls Foreign Minister, Tony de Brum, earlier said the Marshall Islands would use every legal avenue to make sure the lawsuit is won in his lifetime.

The Court of Appeals for the Ninth Circuit will now appoint a three-judge panel to consider the briefs.

 

 

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