The Nuclear Non-Proliferation Treaty’s Gordian Knot: The Intractable Problem of the Legality of Nuclear Sharing

Abstract This article analyses whether Articles I and II of the Nuclear Non-Proliferation Treaty (NPT) permit nuclear sharing. It argues—contrary to previous research—that the ordinary meaning of Articles I and II, the NPT’s travaux préparatoires and subsequent agreements and practice point to a deep ambiguity as to whether nuclear sharing is permitted under these Articles. It then suggests that, while Articles I and II NPT offer little help in determining the legality of nuclear sharing, the nuclear disarmament obligation embedded in Article VI NPT can be used to challenge the legality of the practice.