TPNW Positive Obligations Generate Cooperative Diplomacy 4 TPNW POSITIVE OBLIGATIONS GENERATE COOPERATIVE DIPLOMACY Responding to the 2010 NPT Review Conference’s recogni­tion of the»catastrophic humanitarian consequences« of nuclear weapons, in 2013–2014, states met in Oslo, Nayarit, and Vienna to consider the scientific evidence on the hu­manitarian impact of nuclear weapons. These conferences led to the circulation of a»Humanitarian Pledge,« in which states committed to»fill the legal gap for the prohibition and elimination of nuclear weapons,« the only weapon of mass destruction not yet banned by international law. 39 Sub­sequently passed as a UN General Assembly Resolution, the Pledge acknowledged that the»rights and needs of victims have not yet been adequately addressed.« 40 The Pledge also laid the political foundation for the General Assembly to open negotiations on the TPNW, adopted by 122 states in 2017. However, states in alliance or a close security relationship with nuclear-armed states—including NATO members, Japan, South Korea, and Australia—have expressed opposition to the Treaty in various ways, boycotting negotiations and ad­vancing disingenuous claims that the TPNW is incompatible with the NPT. 41 States supporting the TPNW assert that it fulfills the obligations imposed by the NPT on all states parties »to pursue negotiations in good faith on effective measures relating to … nuclear disarmament«(Article 6). The TPNW’s entry into force in January 2021 established a comprehensive new framework for addressing the humani­tarian and environmental consequences of nuclear weapons activities. At the time of writing, the TPNW had 66 states parties and 86 signatories. As outlined in Box 2, the Treaty’s positive obligations require states affected by nuclear weap­ons use and testing to provide assistance to victims and remediate contaminated environments(Article 6). All states parties»in a position to do so« are required to engage in international cooperation and assistance to support affected Box 2: TPNW positive obligations on victim assistance and environmental remediation The preamble of the 2017 TPNW expresses concern for the»catastrophic humanitarian consequences« of nuclear detonations and associated activities, which pose dangers to»socioeconomic development, the global economy, food security and the health of current and future generations« and have had disproportionate impacts on»women and girls« and Indigenous Peoples. These concerns are addressed in the Treaty’s positive obligations: Victim Assistance »Each State Party shall, with respect to individuals under its jurisdiction who are affected by the use or testing of nu­clear weapons, in accordance with applicable international humanitarian and human rights law, adequately provide age- and gender-sensitive assistance, without discrimination, including medical care, rehabilitation and psychological support, as well as provide for their social and economic inclusion«(Article 6[1]). Environmental Remediation »Each State Party, with respect to areas under its jurisdiction or control contaminated as a result of activities related to the testing or use of nuclear weapons or other nuclear explosive devices, shall take necessary and appropriate measures towards the environmental remediation of areas so contaminated«(Article 6[2]). International Cooperation and Assistance To ensure that undue burden is not placed on affected states, Article 7 requires states parties»in a position to do so« to engage in»international cooperation and assistance,« including»technical, material and financial assistance to States Parties affected by nuclear-weapons use or testing.« Given the many ways a state can assist, most states parties should be able to offer some form of support to affected communities. Article 7(6) particularly obliges states parties that have »used or tested nuclear weapons or any other nuclear explosive devices« to contribute to»adequate assistance to affected States Parties, for the purpose of victim assistance and environmental remediation.« 7