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Author: Daniel H. Joyner
Publisher: Oxford University Press
ISBN: 0191621994
Category : Law
Languages : en
Pages : 199
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Book Description
The 1968 Nuclear Non-proliferation Treaty has proven the most complicated and controversial of all arms control treaties, both in principle and in practice. Statements of nuclear-weapon States from the Cold War to the present, led by the United States, show a disproportionate prioritization of the non-proliferation pillar of the Treaty, and an unwarranted underprioritization of the civilian energy development and disarmament pillars of the treaty. This book argues that the way in which nuclear-weapon States have interpreted the Treaty has laid the legal foundation for a number of policies related to trade in civilian nuclear energy technologies and nuclear weapons disarmament. These policies circumscribe the rights of non-nuclear-weapon States under Article IV of the Treaty by imposing conditions on the supply of civilian nuclear technologies. They also provide for the renewal and maintaintenance, and in some cases further development of the nuclear weapons arsenals of nuclear-weapon States. The book provides a legal analysis of this trend in treaty interpretation by nuclear-weapon States and the policies for which it has provided legal justification. It argues, through a close and systematic examination of the Treaty by reference to the rules of treaty interpretation found in the 1969 Vienna Convention on the Law of Treaties, that this disproportionate prioritization of the non-proliferation pillar of the Treaty leads to erroneous legal interpretations in light of the original balance of principles underlying the Treaty, prejudicing the legitimate legal interests of non-nuclear-weapon States.
Author: Daniel H. Joyner
Publisher: Oxford University Press
ISBN: 0191621994
Category : Law
Languages : en
Pages : 199
Get Book Here
Book Description
The 1968 Nuclear Non-proliferation Treaty has proven the most complicated and controversial of all arms control treaties, both in principle and in practice. Statements of nuclear-weapon States from the Cold War to the present, led by the United States, show a disproportionate prioritization of the non-proliferation pillar of the Treaty, and an unwarranted underprioritization of the civilian energy development and disarmament pillars of the treaty. This book argues that the way in which nuclear-weapon States have interpreted the Treaty has laid the legal foundation for a number of policies related to trade in civilian nuclear energy technologies and nuclear weapons disarmament. These policies circumscribe the rights of non-nuclear-weapon States under Article IV of the Treaty by imposing conditions on the supply of civilian nuclear technologies. They also provide for the renewal and maintaintenance, and in some cases further development of the nuclear weapons arsenals of nuclear-weapon States. The book provides a legal analysis of this trend in treaty interpretation by nuclear-weapon States and the policies for which it has provided legal justification. It argues, through a close and systematic examination of the Treaty by reference to the rules of treaty interpretation found in the 1969 Vienna Convention on the Law of Treaties, that this disproportionate prioritization of the non-proliferation pillar of the Treaty leads to erroneous legal interpretations in light of the original balance of principles underlying the Treaty, prejudicing the legitimate legal interests of non-nuclear-weapon States.
Author: Daniel Joyner
Publisher: Oxford University Press
ISBN: 0199227357
Category : History
Languages : en
Pages : 199
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Book Description
The 1968 Nuclear Non-Proliferation Treaty is one of the most controversial instruments in international law. This text argues that countries with nuclear weapons misrepresent the Treaty to prevent other states from developing peaceful nuclear energy, holding back nuclear disarmament in the process.
Author: Daniel H. Joyner
Publisher: Oxford University Press
ISBN: 0191548189
Category : Law
Languages : en
Pages : 403
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Book Description
Proliferation of WMD technologies is by no means a new concern for the international community. Indeed, since the signing of the Nuclear Non-proliferation Treaty in 1968, tremendous energies have been expended upon diplomatic efforts to create a web of treaties and international organisations regulating the production and stockpiling of WMD sensitive materials within states, as well as their spread through the increasingly globalised channels of international trade to other states and non-state actors. However, the intervention in 2003 by Western powers in Iraq has served as an illustration of the importance of greater understanding of and attention to this area of law, as disagreements over its content and application have once again lead to a potentially destabilising armed intervention by members of the United Nations into the sovereign territory of another member state. Other ongoing disputes between states regarding the character of obligations assumed under non-proliferation treaty instruments, and the effect of international organisations' decisions in this area, form some of the most contentious and potentially destabilising issues of foreign policy concern for many states. This book provides a comprehensive analysis of international law and organisations in the area of WMD proliferation. It will serve both as a reference for understanding the law as it currently exists in its political and economic context, as well as an analysis of areas in which amendments to existing law and organisations are needed.
Author: Ramesh Thakur
Publisher: Routledge
ISBN: 1000516938
Category : Political Science
Languages : en
Pages : 254
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Book Description
The contributors to this book describe, discuss, and evaluate the normative reframing brought about by the Treaty on the Prohibition of Nuclear Weapons (the Ban Treaty), taking you on a journey through its genesis and negotiation history to the shape of the emerging global nuclear order. Adopted by the United Nations on 7 July 2017, the Ban Treaty came into effect on 22 January 2021. For advocates and supporters, weapons that were always immoral are now also illegal. To critics, it represents a profound threat to the stability of the existing global nuclear order with the Nuclear Non-proliferation Treaty as the normative anchor. As the most significant leap in nuclear disarmament in fifty years and a rare case study of successful state-civil society partnership in multilateral diplomacy, the Ban Treaty challenges the established order. The book’s contributors are leading experts on the Ban Treaty, including senior scholars, policymakers and civil society activists. A vital guide to the Ban Treaty for students of nuclear disarmament, arms control and diplomacy as well as for policymakers in those fields.
Author: Tom Coppen
Publisher: BRILL
ISBN: 9004333355
Category : Law
Languages : en
Pages : 385
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Book Description
Nuclear proliferation poses a serious threat to international peace and security. The non-proliferation regime is the body of public international law that aims to counter this threat. It has been a cornerstone of global security for decades. This book analyses its main instruments. The book focuses on the Nuclear Non-proliferation Treaty, international trade controls and the International Atomic Energy Agency. It describes the internal mechanics of these mechanisms, their development, and their strengths and weaknesses. It shows how they together are the basis of a political-legal order that is more than the sum of its parts, offering new insights on the role of international law in an area dominated by security-driven politics.
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: Daniel Joyner
Publisher: Oxford University Press
ISBN: 0190635711
Category : History
Languages : en
Pages : 281
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Book Description
This book provides an international legal analysis of the most important questions regarding Iran's nuclear program since 2002. Setting these legal questions in their historical and diplomatic context, this book aims to clarify how the relevant sources of international law - including primarily the 1968 Nuclear Non-proliferation Treaty and IAEA treaty law - should be properly applied in the context of the Iran case. It provides an instructional case study of the application of these sources of international law, the lessons which can be applied to inform both the on-going legal and diplomatic dynamics surrounding the Iran nuclear dispute itself, as well as similar future cases. Some questions raised regard the watershed diplomatic accord reached between Iran and Western states in July, 2015, known as the Joint Comprehensive Program of Action. The answers will be of interests to diplomats and academics, as well as to anyone who is interested in understanding international law's application to this sensitive dispute in international relations.
Author: George Perkovich
Publisher: Routledge
ISBN: 1351225960
Category : History
Languages : en
Pages : 152
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Book Description
Nuclear disarmament is firmly back on the international agenda. But almost all current thinking on the subject is focused on the process of reducing the number of weapons from thousands to hundreds. This rigorous analysis examines the challenges that exist to abolishing nuclear weapons completely, and suggests what can be done now to start overcoming them. The paper argues that the difficulties of 'getting to zero' must not preclude many steps being taken in that direction. It thus begins by examining steps that nuclear-armed states could take in cooperation with others to move towards a world in which the task of prohibiting nuclear weapons could be realistically envisaged. The remainder of the paper focuses on the more distant prospect of prohibiting nuclear weapons, beginning with the challenge of verifying the transition from low numbers to zero. It moves on to examine how the civilian nuclear industry could be managed in a nuclear-weapons-free world so as to prevent rearmament. The paper then considers what political-security conditions would be required to make a nuclear-weapons ban enforceable and explores how enforcement might work in practice. Finally, it addresses the latent capability to produce nuclear weapons that would inevitably exist after abolition, and asks whether this is a barrier to disarmament, or whether it can be managed to meet the security needs of a world newly free of the bomb.
Author: Jayantha Dhanapala
Publisher: United Nations Publications UNIDIR
ISBN:
Category : Business & Economics
Languages : en
Pages : 212
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Book Description
The author presided over the Nuclear Non-Proliferation Treaty Review and Extension Conference (NPTREC) in 1995, which decided to extend the treaty indefinitely. The conference also reviewed the performance of the treaty over the 1990-1995 period. This book is an analytical record of a major multilateral conference, involving 175 countries, that succeeded in adopting final decisions without a vote. With the 2005 review taking place in May 2005, amid major concerns over non-adherence to the treaty and non-disclosure by several states, this is a relevant dissection of elements that can lead to successful outcomes in such multilateral conferences.
Author: Daniel H. Joyner
Publisher: Routledge
ISBN: 9780754629535
Category : Arms control
Languages : en
Pages : 0
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Book Description
This volume features a selection of the best scholarship on international law as it is relevant to the proliferation of weapons of mass destruction. The essays consider the nonproliferation legal regime as a normative system and offer a more discrete consideration of international law in each weapons of mass destruction technology area. The role, authority and track record of the UN Security Council in this area are also evaluated.
