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Legality of United Nations Resolutions on the Restriction of the Use of Nuclear Weapons by States of Legality

Jenesya Susye Matakena(1email), Josina Augustina Yvonne Wattimena(2), Dyah Ridhul Airin Daties(3)


(1) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
(2) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
(3) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
email Corresponding Author
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Abstract


Introduction: Countries' non-compliance with UN resolutions regarding the prohibition of testing and use of nuclear weapons is due to the position of the resolution which is still classified as Soft Law due to the presence of elements that violate it and are less binding. The use of nuclear weapons can also threaten human life, thereby giving rise to international state responsibility as regulated in the Draft Articles on Responsibility of States for Internationally Wrongful Act.

Purposes of the Research: The aim of this research is to examine the legality of the UN resolution on spreading the use of nuclear weapons and the relationship between the Draft Articles on Responsibility of States for Internationally Wrongful Act and the UN resolution.

Methods of the Research: The method used is normative juridical with a problem approach, namely a regulatory, case and context approach. Sources of legal materials are primary, secondary and tertiary legal materials. Legal material collection techniques use library research and qualitative analysis.

Results of the Research: The legality or binding power of UN General Assembly resolutions is found in three approaches, namely the Customary Law Approach, New Souce Approach, Grey Zone or Soft Law and the legality or binding force of UN Security Council resolutions and the existence of moral force. The relationship between UN resolutions and the Draft Articles on Responsibility of States for Internationally Wrongful Act was established to prevent actions that are not in accordance with international law, so that UN Security Council resolutions can be the basis for state accountability if there are indications of non-compliance with sanctions issued by the Security Council.

Keywords


Legality; UN Resolutions; Restrictions; Nuclear Weapons.


DOI


10.47268/balobe.v5i2.2409

Published


2025-11-03

How To Cite


APA: Matakena, J.S., Wattimena, J.A., & Daties, D.R. (2025). Legality of United Nations Resolutions on the Restriction of the Use of Nuclear Weapons by States of Legality. Balobe Law Journal, 5(2), 79-85. DOI: https://doi.org/10.47268/balobe.v5i2.2409.
IEEE: J.S. Matakena, J.A. Wattimena, and D.R. Daties, "Legality of United Nations Resolutions on the Restriction of the Use of Nuclear Weapons by States of Legality", Balobe Law J., vol. 5, no. 2, pp. 79-85, Nov. 2025. Accessed on: Nov. 5, 2025. [Online]. Available DOI: https://doi.org/10.47268/balobe.v5i2.2409
Harvard: Matakena, J.S., Wattimena, J.A., and Daties, D.R., (2025). "Legality of United Nations Resolutions on the Restriction of the Use of Nuclear Weapons by States of Legality". Balobe Law Journal, Volume 5(2), pp. 79-85. [Online]. Available DOI: https://doi.org/10.47268/balobe.v5i2.2409 (Accessed on: 5 November 2025)
Chicago: Matakena, Jenesya Susye, Josina Augustina Yvonne Wattimena, and Dyah Ridhul Airin Daties. "Legality of United Nations Resolutions on the Restriction of the Use of Nuclear Weapons by States of Legality." Balobe Law Journal 5, no. 2 (October 14, 2025): 79-85. Accessed November 5, 2025. doi:10.47268/balobe.v5i2.2409
Vancouver: Matakena JS, Wattimena JA, Daties DR. Legality of United Nations Resolutions on the Restriction of the Use of Nuclear Weapons by States of Legality. Balobe Law J. [Internet]. 2025 Nov 3 [cited 2025 Nov 5];5(2):79-85. Available from: https://doi.org/10.47268/balobe.v5i2.2409
MLA 8th: Matakena, Jenesya Susye, Josina Augustina Yvonne Wattimena, and Dyah Ridhul Airin Daties. "Legality of United Nations Resolutions on the Restriction of the Use of Nuclear Weapons by States of Legality." Balobe Law Journal, vol. 5, no. 2, 14 Oct. 2025, pp. 79-85, doi:10.47268/balobe.v5i2.2409. Accessed 5 Nov. 2025.
BibTeX: 
@article{balobe2409,
		author = {Jenesya Matakena and Josina Wattimena and Dyah Daties},
		title = {Legality of United Nations Resolutions on the Restriction of the Use of Nuclear Weapons by States of Legality},
		journal = {Balobe Law Journal},
		volume = {5},
		number = {2},
		year = {2025},
		keywords = {Legality; UN Resolutions; Restrictions; Nuclear Weapons.},
		abstract = {Introduction: Countries' non-compliance with UN resolutions regarding the prohibition of testing and use of nuclear weapons is due to the position of the resolution which is still classified as Soft Law due to the presence of elements that violate it and are less binding. The use of nuclear weapons can also threaten human life, thereby giving rise to international state responsibility as regulated in the Draft Articles on Responsibility of States for Internationally Wrongful Act.Purposes of the Research: The aim of this research is to examine the legality of the UN resolution on spreading the use of nuclear weapons and the relationship between the Draft Articles on Responsibility of States for Internationally Wrongful Act and the UN resolution.Methods of the Research: The method used is normative juridical with a problem approach, namely a regulatory, case and context approach. Sources of legal materials are primary, secondary and tertiary legal materials. Legal material collection techniques use library research and qualitative analysis.Results of the Research: The legality or binding power of UN General Assembly resolutions is found in three approaches, namely the Customary Law Approach, New Souce Approach, Grey Zone or Soft Law and the legality or binding force of UN Security Council resolutions and the existence of moral force. The relationship between UN resolutions and the Draft Articles on Responsibility of States for Internationally Wrongful Act was established to prevent actions that are not in accordance with international law, so that UN Security Council resolutions can be the basis for state accountability if there are indications of non-compliance with sanctions issued by the Security Council.},
				issn = {2775-6149},		pages = {79--85}			doi = {10.47268/balobe.v5i2.2409},
				url = {https://fhukum.unpatti.ac.id/jurnal/balobe/article/view/2409}
		}
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Dublin Core PKP Metadata Items Metadata for this Document
 
1. Title Title of document Legality of United Nations Resolutions on the Restriction of the Use of Nuclear Weapons by States of Legality
 
2. Creator Author's name, affiliation, country Jenesya Susye Matakena; Faculty of Law, Universitas Pattimura, Ambon; Indonesia
 
2. Creator Author's name, affiliation, country Josina Augustina Yvonne Wattimena; Faculty of Law, Universitas Pattimura, Ambon; Indonesia
 
2. Creator Author's name, affiliation, country Dyah Ridhul Airin Daties; Faculty of Law, Universitas Pattimura, Ambon; Indonesia
 
3. Subject Discipline(s)
 
3. Subject Keyword(s) Legality; UN Resolutions; Restrictions; Nuclear Weapons.
 
4. Description Abstract Introduction: Countries' non-compliance with UN resolutions regarding the prohibition of testing and use of nuclear weapons is due to the position of the resolution which is still classified as Soft Law due to the presence of elements that violate it and are less binding. The use of nuclear weapons can also threaten human life, thereby giving rise to international state responsibility as regulated in the Draft Articles on Responsibility of States for Internationally Wrongful Act.Purposes of the Research: The aim of this research is to examine the legality of the UN resolution on spreading the use of nuclear weapons and the relationship between the Draft Articles on Responsibility of States for Internationally Wrongful Act and the UN resolution.Methods of the Research: The method used is normative juridical with a problem approach, namely a regulatory, case and context approach. Sources of legal materials are primary, secondary and tertiary legal materials. Legal material collection techniques use library research and qualitative analysis.Results of the Research: The legality or binding power of UN General Assembly resolutions is found in three approaches, namely the Customary Law Approach, New Souce Approach, Grey Zone or Soft Law and the legality or binding force of UN Security Council resolutions and the existence of moral force. The relationship between UN resolutions and the Draft Articles on Responsibility of States for Internationally Wrongful Act was established to prevent actions that are not in accordance with international law, so that UN Security Council resolutions can be the basis for state accountability if there are indications of non-compliance with sanctions issued by the Security Council.
 
5. Publisher Organizing agency, location Fakultas Hukum Universitas Pattimura
 
6. Contributor Sponsor(s)
 
7. Date (YYYY-MM-DD) 2025-11-03
 
8. Type Status & genre Peer-reviewed Article
 
8. Type Type
 
9. Format File format PDF
 
10. Identifier Uniform Resource Identifier https://fhukum.unpatti.ac.id/jurnal/balobe/article/view/2409
 
10. Identifier Digital Object Identifier 10.47268/balobe.v5i2.2409
 
11. Source Title; vol., no. (year) Balobe Law Journal; Volume 5 Issue 2, October 2025
 
12. Language English=en en
 
13. Relation Supp. Files
 
14. Coverage Geo-spatial location, chronological period, research sample (gender, age, etc.)
 
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