Author: Daniel H. Joyner
Publisher: Cambridge University Press
ISBN: 1107009715
Category : Law
Languages : en
Pages : 303
Get Book Here
Book Description
Do WMD non-proliferation treaties comprise a special regime in international law, with rules that differ from general international law?
Author: Tom Coppen
Publisher: BRILL
ISBN: 9004333355
Category : Law
Languages : en
Pages : 385
Get Book Here
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: 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 H. Joyner
Publisher: Oxford University Press
ISBN: 0191548189
Category : Law
Languages : en
Pages : 403
Get Book Here
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: Gro Nystuen
Publisher: Cambridge University Press
ISBN: 1139992740
Category : Law
Languages : en
Pages : 804
Get Book Here
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: Stuart Casey-Maslen
Publisher: Oxford University Press
ISBN: 0192566024
Category : Law
Languages : en
Pages : 305
Get Book Here
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: John Baylis
Publisher: Routledge
ISBN: 1351334425
Category : Social Science
Languages : en
Pages : 214
Get Book Here
Book Description
What were the calculations made by the US and its major allies in the 1960s when they faced the signing of the Non-Proliferation Treaty (NPT)? These were all states with the technological and financial capabilities to develop and possess nuclear weapons should they wish to do so. In the end, only the United Kingdom and France became nuclear weapon states. Eventually, all of them joined the non-proliferation regime. Leading American, British, Canadian, French, German and Japanese scholars consider key questions that faced the signatories to the NPT: How imperative was nuclear deterrence in facing the perceived threat to their country? How reliable did they think the US extended deterrence was, and how costly would an independent deterrent be both financially and politically? Was there a regional option? How much future was there in the civilian nuclear energy sector for their country and what role would the NPT play in this area? What capabilities needed to be preserved for the country’s future and how could this be made compatible with the NPT? What were the determining factors of deciding whether to join the NPT?
Author: Jonathan L. Black-Branch
Publisher: Springer
ISBN: 9462650209
Category : Law
Languages : en
Pages : 267
Get Book Here
Book Description
The volume discusses the legal interpretation and implementation of the three pillars of the Treaty of the Non-Proliferation of Nuclear Weapons, 1968, regarding the non-proliferation of nuclear weapons; the right to develop research, production and use of nuclear energy for peaceful purposes; and issues relating to nuclear disarmament. It examines the status of international law regarding nuclear capacity, considering competing legal approaches to the development of nuclear technology, non-proliferation, disarmament and regulating nuclear weapons within a contemporary international context.
Author: Jonathan L. Black-Branch
Publisher: Springer
ISBN: 9462650756
Category : Law
Languages : en
Pages : 420
Get Book Here
Book Description
This second Volume in the book Series on Nuclear Non-Proliferation in International Law discusses the legal interpretation and implementation of verification and compliance with the Treaty of the Non-Proliferation of Nuclear Weapons, 1968; the Comprehensive Nuclear Test-Ban Treaty, 1996; and the Treaty establishing the European Atomic Energy Community (EURATOM), 1957. It specifically examines the question, contested in recent academic writings, whether the International Atomic Energy Agency (IAEA) is competent to verify not only the correctness, but also the completeness of national declarations. Topical legal issues of verification and its technical and political limits as well as peaceful settlement of disputes and countermeasures are discussed in-depth. 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 a further constructive discourse on the topic at both national and international levels. A Third Volume, to be published in Autumn 2016, will focus on legal issues of safety and security of the use of nuclear energy for peaceful purposes. Jonathan L. Black-Branch is Professor of International Law, Royal Holloway University of London; a Member of Wolfson College, Oxford; Chairman of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation and Contemporary International Law. 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); Honorary President, International Society for Military Law and the Law of War; Rapporteur of the ILA Committee on Nuclear Weapons, Non-Prolife ration and Contemporary International Law.
Author: Olivia Bosch
Publisher: Rowman & Littlefield
ISBN: 0815710186
Category : Political Science
Languages : en
Pages : 270
Get Book Here
Book Description
A Brookings Institution Press, Chatham House, and Clingendael Institute publication Adopted in April 2004, UN Security Council Resolution 1540 obliges all states to take steps to prevent non-state actors, especially terrorist organizations and arms traffickers, from acquiring weapons of mass destruction and related materials. The United Nations placed itself firmly in the center of one of the world's key international security challenges. Global Non-Proliferation and Counter-Terrorism brings together renowned scholars and policymakers to examine a wide range of new policy-related questions arising from the resolution's impact on the bio-scientific community, the Chemical Weapons Convention, the IAEA, trade and customs, and counter-proliferation initiatives such as the Proliferation Security Initiative (PSI). The impact of 1540 goes beyond setting new legal requirements. It focuses on enforcement not only nationally but also internationally, pressing all states to place their own houses in order. Among the key questions is how the resolution will change the existing network of non-proliferation regimes. Will it merely reinforce requirements of the existing non-proliferation treaties? Or will it offer a legal framework for counter-proliferation activities and other measures to enforce the non-proliferation network? This book provides an overview of the novel policy questions UNSCR 1540's future implementation and enforcement will offer for years to come. Contributors include Jeffrey Almond, Thomas J. Biersteker (Brown University), Olivia Bosch (Chatham House), Gerald Epstein (CSIS), Chandré Gould (Center for Conflict Resolution, Cape Town )], Ron Manley (former OPCW Director of Verification) Sarah Meek (ISS), Siew Gay Ong (Ministry of Foreign Affairs, Singapore), Elizabeth Prescott (AAAS Congressional Fellow), Tariq Rauf (IAEA), Will Robinson (World Customs Organization), Roelof Jan Manschot (Eurojust), Peter van Ham (Netherlands Institute of International Relations), Ted Whiteside (NATO), and Angela Woodward (VERTIC).
