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Opinion / Op-Ed Contributors

US, DPRK should stop raising tension

By Jiang He (China Daily) Updated: 2012-12-17 07:51

After a failed attempt in April, the Democratic People's Republic of Korea announced the successful launch of its Kwangmyongsong-3 satellite on Dec 12, which was widely believed to mark the first anniversary of Kim Jong-un's administration since Kim Jong-il died on Dec 17 last year. However, the launch invited strong reactions from the international community, especially Western countries. Some countries have even accused the DPRK of using its right to launch satellites to cover its missile development program.

Since the DPRK's withdrawal from the Non-Proliferation Treaty, the United Nations Security Council has viewed the Korean Peninsula nuclear issue as one endangering international peace and security.

The DPRK's nuclear tests in 2006 and 2009 were followed by Security Council resolutions, which demanded that Pyongyang immediately halt its nuclear-related activities and missile program. The DPRK, however, has insisted that, as a sovereign nation, it has the right to peaceful use of space and launch satellites.

According to the UN Charter, the Security Council is responsible for maintaining international peace and security, and its resolutions are binding on all countries. The Charter also empowers the body to decide whether a dispute or event poses a threat to world peace.

The Security Council's resolutions 1718 and 1874 bind the DPRK to international obligations under the UN Charter. According to Article 103 of the charter, UN member countries should accord priority to their obligations under the charter over those in other international covenants. That means Pyongyang's claim that it enjoys the right to peaceful use of space, which it says is accorded by the Outer Space Treaty, stops short of having a legal basis.

From a legal perspective, Security Council resolutions constitute the core of international law. Different from UN general Assembly resolutions, which lack binding force, Security Council resolutions are legally binding on even non-UN member countries. Thus, Pyongyang has to unconditionally abide by Security Council resolutions that impose a ban on its use of missile technology for launching satellites.

As a widely recognized international treaty on arms reduction, the NPT is aimed at preventing nuclear proliferation, pushing forward nuclear disarmament and promoting international cooperation for peaceful use of nuclear energy.

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