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: William H. Boothby
Publisher: Cambridge University Press
ISBN: 1009059637
Category : Law
Languages : en
Pages : 245
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Book Description
This book examines the law relating to the possession, threat or use of nuclear weapons. By addressing in logical sequence the law regarding sovereignty, the threat or use of force, the conduct of nuclear hostilities, neutrality, weapons law and war crimes, the book illustrates the topics that an effective national command, control and communications system for nuclear weapons must address. Guidance is given on intractable issues, such as the responsibilities of remote submarine commanders. The continuing relevance of the ICJ's Nuclear Advisory Opinion is assessed, and the prospects for the Treaty on the Prohibition of Nuclear Weapons are discussed. The book has been written in an accessible style so that it will be equally useful to lawyers and practitioners, including relevant commanders, politicians, policy staffs and academics. The objective is to state the law accurately and to explain its implications and provide practical guidance in this most sensitive area. This book is also available as open access.
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: Sohail H. Hashmi
Publisher: Cambridge University Press
ISBN: 9780521545266
Category : History
Languages : en
Pages : 558
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Book Description
Publisher Description
Author: John Kierulf
Publisher:
ISBN: 9780773548220
Category : Armements
Languages : en
Pages : 0
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Book Description
An introduction to the regulation of both conventional weapons and weapons of mass destruction in international disarmament law.
Author: Jonathan L. Black-Branch
Publisher: Cambridge University Press
ISBN: 1108658660
Category : Law
Languages : en
Pages : 437
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Book Description
The Treaty on the Prohibition of Nuclear Weapons (2017) sets out to challenge deterrence policies and military defence doctrines, taking a humanitarian approach intended to disrupt the nuclear status quo. States with nuclear weapons oppose its very existence, neither participating in its development nor adopting its final text. Civil society groups seem determined, however, to stigmatize and delegitimize nuclear weapons towards their abolition. This book analyzes how the Treaty influences the international security architecture, examining legal, institutional and diplomatic implications of the Treaty and exploring its real and potential impact for both states acceding to the Treaty and those opposing it. It concludes with practical recommendations for international lawyers and policymakers regarding non-proliferation and disarmament matters, ultimately noting that nuclear weapons threaten peace, and everyone should have the right to nuclear peace and freedom from nuclear fear.
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: 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: Stuart Casey-Maslen
Publisher: Oxford University Press
ISBN: 0192566024
Category : Law
Languages : en
Pages : 305
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Book Description
This Commentary offers detailed background and analysis of the Treaty on the Prohibition of Nuclear Weapons, which was adopted at the UN Headquarters in New York in July 2017. The Treaty comprehensively prohibits the use, development, export, and possession of nuclear weapons. Stuart Casey-Maslen, a leading expert in the field who served as legal adviser to the Austrian Delegation during the negotiations of this Treaty, works through article by article, describing how each provision was negotiated and what it implies for states that join the Treaty. As the Treaty provisions cut across various branches of international law, the Commentary goes beyond a discussion of disarmament to consider the law of armed conflict, human rights, and the law on inter-state use of force. The Commentary examines the relationship with other treaties addressing nuclear weapons, in particular the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). Background on the development and possession of nuclear weapons and theories of nuclear deterrence is provided. Particular attention is paid to controversial issues such as assistance for prohibited activities, the meaning of 'threaten to use', and the definition of nuclear explosive devices. Casey-Maslen also considers whether a member of NATO or other nuclear alliance can lawfully become a state party to the Treaty.
Author: Jonathan L. Black-Branch
Publisher: Springer Nature
ISBN: 9462654638
Category : Law
Languages : en
Pages : 521
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Book Description
This sixth volume of the book series on Nuclear Non-Proliferation in International Law focuses on current legal challenges regarding nuclear disarmament and security. The Series on Nuclear Non-Proliferation in International Law provides scholarly research articles with critical commentaries on relevant treaty law, best practice and legal developments, thus offering an academic analysis and information on practical legal and diplomatic developments both globally and regionally. It sets a basis for further constructive discourse at both national and international levels. Jonathan L. Black-Branch is Chair of the ILA Committee on Nuclear Weapons, Non-Proliferation and Contemporary International Law and President and CEO of ISLAND - The Foundation for International Society of Law and Nuclear Disarmament. Dieter Fleck is Former Director International Agreements & Policy, Federal Ministry of Defence, Germany; Member of the Advisory Board of the Amsterdam Center for International Law (ACIL); Rapporteur of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law.
