NORTH KOREA AND THE LEGALITY OF NUCLEAR TESTS UNDER INTERNATIONAL LAW

In its quest to determine how much is enough to guarantee deterrence and the security of its nation, North Korea is running a tight line between deterrence and escalation. Given the enormity of the threat posed by North Koreas nuclear tests to the peace and stability of the region, the situation is wrought with political, diplomatic and military dimensions. It also poses a significant legal aspect, that is, whether the nuclear tests are legal. This legal dimension, which is the focus of this article, will condition the actions taken by most of the players in the unfolding crisis. A critical analysis of the legal regimes governing nuclear tests will be done to discern their legality or otherwise