Republic of the Marshall Islands v. United States

*1070 ORDER GRANTING MOTION TO DISMISS

The Republic of the Marshall Islands (“Plaintiff’) filed a complaint alleging breach of the Treaty on the Non-Proliferation of Nuclear Weapons (“Treaty”) against the United States of America, the President, the Department of Defense and its Secretary, the Department of Energy and its Secretary, and the National Nuclear Security Administration (collectively, “Defendants”). Plaintiff contends Defendants are in violation of their obligations under the Treaty to pursue negotiations in good faith on effective measures relating to the cessation of the nuclear arms race. Defendants move for dismissal on several independent bases. The Court GRANTS Defendants’ motion to dismiss.

BACKGROUND

Plaintiff alleges that the United States has breached its obligations under Article VI of the Treaty by allegedly failing to pursue negotiations in good faith on effective measures for nuclear disarmament.

Article VI of the Treaty provides:

According to the Report accompanying the Senate’s resolution of advice and consent to ratification, the Treaty’s “fundamental purpose is to slow the spread of nuclear weapons by prohibiting the nuclear weapon states which…