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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 : 402
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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: Kelsey Davenport
Publisher: Morgan & Claypool Publishers
ISBN: 1681749254
Category : Science
Languages : en
Pages : 131
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Book Description
The Treaty on the Nonproliferation of Nuclear Weapons (NPT), is the cornerstone of non-proliferation and disarmament efforts. Yet its negotiation and success were not inevitable. This book aims to address the developments that led to the negotiation of the treaty, examine its implementation, and address challenges that the NPT faces going forward.
Author: Stuart Casey-Maslen
Publisher:
ISBN: 019883036X
Category : History
Languages : en
Pages : 305
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Book Description
This book provides a detailed legal commentary of the Articles of the Treaty on the Prohibition of Nuclear Weapons, which was passed in July 2017. Laying out its scope and the obligations of signatory states, this commentary clarifies the regulations overseeing the complex relationships between signatory states and nuclear weapon states.
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: 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: 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.
Author: Sara Z. Kutchesfahani
Publisher: Routledge
ISBN: 1351999621
Category : Political Science
Languages : en
Pages : 180
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Book Description
This book examines the importance of global nuclear order, emphasising the importance of perspective in our understanding of it, and its significance in international politics. Addressing a gap in existing literature, this book provides an introduction to nuclear weapon states and their relationship with the global nuclear order/disorder paradigm. It explores four main themes and aims to: 1. conceptualise the dichotomous paradigm of global nuclear order/disorder; 2. outline the different phases of global nuclear order/disorder from 1945 to present; 3. address the Nuclear Non-Proliferation Treaty (NPT) and the wider international nuclear non-proliferation regime; 4. provide an overview of every nuclear weapon state’s national nuclear doctrines throughout the years. The book will be of much interest to students of nuclear proliferation, global governance, security studies, Cold War studies, foreign policy and IR, more generally.
Author: Richard Dean Burns
Publisher: Rowman & Littlefield Publishers
ISBN: 1442223766
Category : Political Science
Languages : en
Pages : 256
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Book Description
The Challenges of Nuclear Non-Proliferation is an exhaustive survey of the many aspects of non-proliferation efforts. It explains why some nations pursued nuclear programs while others abandoned them, as well as the challenges, strengths, and weaknesses of non-proliferation efforts. It addresses key issues such as concerns over rogue states and stateless rogues, delivery systems made possible by technology, and the connection between nuclear weapons and ballistic missiles, examining whether non-proliferation regimes can deal with these threats or whether economic or military sanctions need to be developed. It also examines the feasibility of eliminating or greatly reducing the number of nuclear weapons. A broad survey of one of today’s great threats to international security, this text provides undergraduates students with the tools needed to evaluate current events and global threats.
