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Author: Laurence Boisson de Chazournes
Publisher: Cambridge University Press
ISBN: 9780521654807
Category : History
Languages : en
Pages : 620
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Book Description
A most comprehensive book, first published in 1999, analysing the ICJ Advisory Opinions on nuclear weapons handed down in 1996.
Author: Laurence Boisson de Chazournes
Publisher: Cambridge University Press
ISBN: 9780521654807
Category : History
Languages : en
Pages : 620
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Book Description
A most comprehensive book, first published in 1999, analysing the ICJ Advisory Opinions on nuclear weapons handed down in 1996.
Author: Gro Nystuen
Publisher: Cambridge University Press
ISBN: 1139992740
Category : Law
Languages : en
Pages : 804
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Book Description
Nuclear Weapons under International Law is a comprehensive treatment of nuclear weapons under key international law regimes. It critically reviews international law governing nuclear weapons with regard to the inter-state use of force, international humanitarian law, human rights law, disarmament law, and environmental law, and discusses where relevant the International Court of Justice's 1996 Advisory Opinion. Unique in its approach, it draws upon contributions from expert legal scholars and international law practitioners who have worked with conventional and non-conventional arms control and disarmament issues. As a result, this book embraces academic consideration of legal questions within the context of broader political debates about the status of nuclear weapons under international law.
Author: John Burroughs
Publisher: LIT Verlag Münster
ISBN: 9783825835163
Category : History
Languages : en
Pages : 192
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Book Description
" ""The threat or use of nuclear weapons would generally be contrary to the rules of international law applicable in armed conflict, and in particular the principles and rules of humanitarian law ... There exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control."" - Advisory Opinion of the International Court of Justice, 8 July 1996 ""This book shows how courageous states from the developing world, working in concert with visionary lawyers, physicians and other sectors of international civil society, boldly obtained astonishing results from the highest court in the world. The World Court clearly ruled that the threat or use of nuclear weapons is illegal in almost all conceivable circumstances. The Court further underlined the unconditional obligation of the nuclear weapon states to begin and conclude negotiations on nuclear disarmament in all its aspects. It is now up to all of us to determine the follow-up, whatever the opposition. We cannot end this century without clear commitments and steps to eliminate nuclear weapons."" - Razali Ismail, Permanent Representative of Malaysia to the United Nations, President of the United Nations General Assembly, 1996-1997 ""It is not often that a judicial opinion on a given question is both hailed and criticized by participants on all sides of the question. This book, written by a leading member of the team that helped to prepare the case on the illegality of the threat and use of nuclear weapons, explains succinctly what the World Court, and the judges in their separate statements, did and did not say. In so doing, it makes a compelling case for the proposition that the Opinion represents a milestone on the road to nuclear abolition."" - Peter Weiss, Co-President, International Association of Lawyers Against Nuclear Arms The 20th century has been defined in large part by the unleashing of the terrible destructive power of the atom, and the subsequent struggle to overcome the threat of nuclear annihilation. If humankind survives, the 8 July 1996 Advisory Opinion of the International Court of Justice, and the extraordinary process that led up to it, will have played an essential role. The (Il)legality of the Threat or Use of Nuclear Weapons is a concise yet thorough guide to the case. In straightforward language, it describes the history of this unprecedented initiative and summarizes and explains states' arguments to the Court, the Court's findings, and the separate statements of the judges. The author provides cogent expert analysis and, most importantly, reveals how the opinion imparts hope and points the way to the future: "" The Court has authoritatively interpreted law which states acknowledge they must follow, including humanitarian law protecting civilians from indiscriminate effects of warfare, the United Nations Charter, and the Nuclear Non-Proliferation Treaty. The implications are profound: abandonment of reliance on the threat and use of nuclear weapons as an instrument of national policy, and expeditious elimination of nuclear arsenals. The opinion can be cited as an authoritative statement of the law in any political or legal setting - including the United Nations and national courts and parliaments - in which nuclear weapon policies are challenged."" John Burroughs, an attorney for the Western States Legal Foundation in California, served as the legal coordinator for the World Court Project/International Association of Lawyers Against Nuclear Arms at the November 1995 hearings before the International Court of Justice. "
Author: Charles J. Moxley
Publisher: Austin & Winfield Publishers
ISBN:
Category : Law
Languages : en
Pages : 856
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Book Description
This book addresses the issue of the legality of the use of nuclear weapons under international law. It includes forwarding remarks by Robert S. McNamara, David W. Leebron, and Kosta Tsipis. Moxley analyzes the question in light of the July 1996 advisory opinion issued by the International Court of Justice, the law as articulated by the United States, and generally recognized facts as to the characteristics and effects of nuclear weapons. He concludes that the use of nuclear weapons is per se unlawful under the rules of international law and facts recognized by the United States. Nuclear Weapons and International Law in the Post Cold War World is an unprecedented exploration of the application of the necessity, proportionality and discrimination of principles of international law to nuclear weapons.
Author: Nagendra Singh
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024736379
Category : Law
Languages : en
Pages : 44
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Book Description
Author: Christian J. Tams
Publisher: OUP Oxford
ISBN: 019165034X
Category : Law
Languages : en
Pages : 432
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Book Description
This book traces the impact that the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has had on various areas of international law. A number of prominent international experts examine whether, and to what extent, international law has been shaped by the Court's jurisprudence. The informal development of international law through the Court's judgments contrasts with the development of international law through more deliberate means, such as treaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as international environmental law, international human rights, the law of the sea, and the law of immunities, this book comprehensively details the impact of international jurisprudence on contemporary international law. Continuing the work started by Sir Hersch Lauterpacht's influential book The Development of International Law by the Permanent Court of International Justice, this book provides key new insights into the role of the Court in wider international law. It makes required reading for anyone studying the ways in which international courts have in shaped the evolution of international law.
Author: H. W. A. Thirlway
Publisher: Oxford University Press
ISBN: 0198779070
Category : Law
Languages : en
Pages : 241
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Book Description
An easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.
Author: Sreoshi Sinha
Publisher:
ISBN: 9789391490713
Category :
Languages : en
Pages : 0
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Book Description
International Humanitarian Law (IHL) or the Law of War is a branch of international law that condemns the use of nuclear weapons as being opposed to human principles and morality. This field of international law, as promulgated by the 1949 Geneva Convention, is profoundly anchored in Conventional Treaties, Customary Law, and basic legal concepts. They are outlined in international treaties and military textbooks on "law of armed conflict." The basic standards apply generally as a matter of customary international law and hence bind all governments regardless of their allegiance to a specific treaty. IHL, which applies equally to aggressor and victim states, strives to eliminate cruelty, unnecessary suffering, and devastation, as well as to maintain the potential of achieving a just and lasting peace. Thus, bearing in mind the fundamental principles of International Humanitarian Law, this work attempts to depict and analyse the position of nuclear weapons within the current form of IHL. There has been ongoing investigation into the merits of total destruction of this unconventional type of warfare, and enormous thought has been given to the lex lata laws that apply to nuclear bombs. The book begins with the "International Court of Justice's (ICJ) 1996 Advisory Opinion on The Legality of the Threat or Use of Nuclear Weapons (Nuclear Weapons Advisory Opinion" as its starting point. This book incorporates scholarly analysis of legal issues within the context of wider political arguments over the legal status of nuclear weapons under international law.
Author: Gleider Hernandez
Publisher:
ISBN: 0199646635
Category : Law
Languages : en
Pages : 369
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Book Description
The International Court of Justice embodies a compromise between ideas of state sovereignty and pressures for a stronger 'international community'. This book elaborates on the Court's role in the international legal system, and argues that as a result of this tension, the Court's contribution to international law is subtle rather than progressive.
Author: Geoffrey Darnton
Publisher:
ISBN: 9781909231061
Category :
Languages : en
Pages : 400
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Book Description
Are nuclear weapons legal or illegal under international law? This book aims to put in your hands information about all the main legal arguments you are likely to encounter. This question has been addressed by several quasi-legal independent tribunals, such as the London Nuclear Warfare Tribunal. There is a summary of evidence before that Tribunal, and its Judgment, included in this book. The question has been handled also by the International Court of Justice (ICJ) which delivered Advisory Opinions. The key Advisory Opinion is included in this book, along with the more substantial Opinion of the ICJ Judge Weeramantry. Recent and current developments include discussion of the Trident Three case in Scotland along with the Lord Advocate's Reference, and the current case in the ICJ of the Republic of the Marshall Islands (RMI) v UK. A copy of the application in the RMI v UK case is included, as it is essential reading for anyone involved in contemporary decision making concerning nuclear weapons (that includes the coming debate about the renewal of Trident in the UK). The book concludes that the overwhelming balance of opinion (judicial and legal expert) is that the possession, threat to use, or use of nuclear weapons in any circumstances whatsoever is unlawful in international law and that individuals involved in decisions to develop, acquire, or deploy nuclear weapons can be held accountable as individuals under international law. An associated overwhelming conclusion is that the nuclear weapons states are in breach of their obligations under the Non-Proliferation Treaty. The book explores the role and legal significance of civil society and related activism such as the profound influence it had via initiatives like the World Court Project that succeeded in persuading the UN General Assembly to refer the question to the ICJ. The book mentions several civil society initiatives current today. The book Foreword is by Richard Falk and David Krieger
