 Judge Schwebel holds that the legality of the threat or use of nuclear weapons is established through state practice over many years by the world's major powers, the U.N. Security Council, the U.N. General Assembly, the Nuclear Non Proliferation Treaty and other nuclear treaties.He specifically notes that in The Nuclear Non Proliferation Treaty, the possession of nuclear weapons by the five major nuclear powers is lawful until disarmament and that inherent in possession of nuclear weapons is deterrence and deterrence, by its nature, implies threat of use.The policy of deterrence differs from that of the threat to use nuclear weapons by its generality but if a threat of possible use did not inhere in deterrence, deterrence would not deter.