How hot? 'Real hot': can we control North Korean nuclear weapons through the applicable international law? Hints from the International Court of Justice's advisory opinion

Abstract

Many nations now regularly try to talk to reduce all forms of nuclear weapons, perform once sacrosanct diplomatic tasks such as six-party talks and even military attacks are undertaken. Despite the magnitude of these actions, however, international law scholars have not yet focused sufficiently on the North Korean nuclear weapon crisis in a comprehensive manner. In considering this situation, this article explores the possibility of whether the applicable international law can control North Korean nuclear weapons. Specifically, we explore lessons from the International Court of Justice's (ICJ) advisory opinion. We argue that the North Korean nuclear weapon situation must be resolved smoothly based on international law dogma. Applying this traditional principle to this hot issue, we seek to open a dialogue between international law scholars and world political and military leaders.