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Originally Posted by Rockstar
There was also talk about equiping South Korea and Japan with nuclear weapons
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I wonder how this will work out with the NPT. Or is Trump's plan for the US to withdraw from the treaty?
For those nuclear states, which the US is one of them, Article 1 of the NPT states
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Each nuclear-weapon State Party to the Treaty undertakes not to transfer to any recipient whatsoever nuclear weapons or other nuclear explosive devices or control over such weapons or explosive devices directly, or indirectly; and not in any way to assist, encourage, or induce any non-nuclear-weapon State to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices, or control over such weapons or explosive devices.
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TLDR, nuclear states can't give nukes to non nuke states.
From the other end, non nuclear states, which Japan and ROK are, there is article 2
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Each non-nuclear-weapon State Party to the Treaty undertakes not to receive the transfer from any transferor whatsoever of nuclear weapons or other nuclear explosive devices or of control over such weapons or explosive devices directly, or indirectly; not to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices; and not to seek or receive any assistance in the manufacture of nuclear weapons or other nuclear explosive devices..
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TLDR Non nuke states can't receive nukes.
The $.64 question is: can the PotUS unilaterally (ie, without consent of the Senate) terminate a treaty that has already been ratified by the Senate?
The answer is Maybe. Depends on who you ask and no one has asked the SCotUS.
It depends on if there is corresponding federal law concerning the treaty. Not all treaties have corresponding federal law, but many do.
Example 1: Treaty has been ratified by the Senate but there are no corresponding federal laws. Can the PotUS unilaterally decide to withdraw from the treaty?
Maybe. US Presidents claim they can, US Senate claims they can't. It would have to go before the SCotUS. Both sides have strong arguments. The key issue would be that while ratification obligates the Senate, does it obligate the PotUS. The issue has never come up before.
Example 2 Treaty has been ratified by the Senate but there are corresponding federal laws. Can the PotUS unilaterally decide to withdraw from the treaty?
Well the first part would be answered by example 1, but the PotUS can't unilaterally cancel federal law. Only the congress can do that or the SCotus can invalidate the law. So it might be true that the PotUS can unilaterally decide to withdraw from a treaty, the PotUS would still be bound to abide by the existing federal law.
This will be very interesting to watch unfold.