Need to elaborate possible arms control law arrangements or measures for reducing nuclear risks

Consider a growing need of having dialogues and establishing measures to enhance nuclear risk reduction while maintaining a strong, credible and viable deterrence and the Nuclear Non-Proliferation Treaty (NPT) regime, is there any legal arrangements or supports to address this urgent matter in current international laws or emerging norms? This matter is deeply linked with the matter of nuclear deterrence and extended deterrence for allies, specifically transparency of nuclear doctrines, posture, and the capacity of possessing nuclear arsenals such as means of deliveries, of States possessing nuclear weapons.

From a military development point of view, for instance, a dual-capability and a high level of maneuverability of advanced ballistic missiles, such as intermediate ballistic, cruise and hypersonic missiles, may bring into a significant entanglement matter in combat. Which means that States possessing nuclear weapons might not be able to identify whether nuclear-loaded missiles or conventional ones are used by adversaries, and vice versa. In such a scenario, certain missile attacks or exchanges, due to the advancement of ballistic missile technologies, might cause inadvertent nuclear escalation, or accidental use of nuclear weapons by miscalculation. In addition to this, emerging technologies, and new security domains, such as artificial intelligence (AI), cyber, space, and electromagnetic waves, and new multiple security domains in combat might also cause unintended escalation, accident, and miscalculation. In this regard, there is an urgent need to investigate whether any possibility of physical or behavior limitations to advancement of missile technology or missile attacks and exchanges, in current international laws including international humanitarian law, emerging norms or state practices.

If there are any legal arrangements, supports or measures available for suppressing or reducing nuclear risks under current international laws or emerging norms at this moment, perhaps these are derived from the preamble and Article 6 of the NPT (e.g. stipulating “the consequent need to make every effort to avert the danger of a [nuclear] war,” and the “intention to achieve at the earliest possible date the cessation of the nuclear arms race and to undertake effective measures in the direction of nuclear disarmament,” and the obligation to “undertake to pursue negotiations in good faith” for such effective measures); or relevant arms control and disarmament treaties of the nuclear weapons states (e.g. the preamble of the START-I treaty stipulates the [c]onscious that nuclear war would have devastating consequences for all humanity, that it cannot be won and must never be fought,” and the significances of “reduc[ing] the risk of outbreak of nuclear war” and “strengthening of strategic stability”; and the preamble of the new START treaty stipulates the commitment of “the achievement of the historic goal of freeing humanity from the nuclear threat,” and the significance of “enhanc[ing] predictability and stability, and thus the security,” and the “[m]indful of the impact of conventionally armed ICBMs and SLBMs on strategic stability”); and relevant international laws, such as international humanitarian law; or relevant United Nations General Assembly (UNGA) resolutions, for instance, the draft resolution (A/C.1/75/L.71) entitled: Joint courses of action and future-oriented dialogue towards a world without nuclear weapons, adopted on December 7, 2020, in the the Plenary Meeting of the United Nations (UN) General Assembly, stipulates the following points relevant to nuclear risk reduction:

It, however, requires further elaborations of the current state of play of existing international laws, norms, and state practices, identifying the exact content, legality, and applicability of these legal arrangements or supports available. Or, we urgently need to think of creating new arms control law arrangements, norms or measures for reducing nuclear risk together.

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