The Norm-Based Mechanism of Treaty on the Non-Proliferation of Nuclear Weapons : An Approach from Transnational Legal Process Theory

It has been over four decades since the enactment of the Treaty on Non-proliferation of the Nuclear Weapons (NPT). During these years, various bilateral, multilateral agreements, regional treaties have been drafted and enacted, for the purpose of strengthening the regulative scope of the NPT. Other than the treaties and agreements mentioned above, international organizations, inter-governmental organizations, and related non-governmental organizations have also played crucial roles in monitoring or promoting the execution of the NPT. International law theories, such as realism and constructivism, have analyzed the factors that triggered States to comply with the treaty respectively based on their distinct viewpoints. However, both realism and constructivism have failed to comprehensively demonstrate the factors and actors that urge States to not only comply, but also obey the NPT. Hence, the application of transnational legal process can lead to a more persuasive interpretation on how transnational actors have pushed States to interact, interpret, and internalize the norms in the NPT. Through depicting the images of the transnational actors, and the dynamic legal process, the blueprint of States’ diplomatic decisions can be thereof manifested.