The International Court of Justice has rejected jurisdiction over the claim brought by the Marshall Islands against the United Kingdom, alleging breach of the obligation (under Article VI of the Non-Proliferation Treaty) to negotiate in good faith for nuclear disarmament. By an 8:8 majority (with the casting vote of the President) the Court held that there was no justiciable dispute between the parties as at the date the application was filed. This is the first time in the Court’s history that it has declined to hear a case at all on this basis. Jessica Wells appeared for the United Kingdom, instructed by the Foreign and Commonwealth Office, with Sir Daniel Bethlehem QC and Guglielmo Verdirame.
