Legal Resolution of Nuclear Non-Proliferation Disputes


Book Description

How viable is the resolution of nuclear non-proliferation disputes through the International Court of Justice and international arbitration? James Fry examines the compromissory clauses in the IAEA Statute, IAEA Safeguards Agreements and the Convention on the Physical Protection of Nuclear Material that give jurisdiction to these fora and analyses recent jurisprudence to demonstrate how legal resolution can handle such politically sensitive disputes. In sum, legal resolution of nuclear non-proliferation disputes represents an option that States and commentators have all too often ignored. The impartiality and procedural safeguards of legal resolution should make it an acceptable option for target States and the international community, especially vis-à-vis the procedural shortcomings and general heavy-handedness of Security Council involvement under UN Charter Chapter VII.




Nuclear Weapons under International Law


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.




Handbook on Nuclear Law


Book Description

This handbook is a practical aid to legislative drafting that brings together, for the first time, model texts of provisions covering all aspects of nuclear law in a consolidated form. Organized along the same lines as the Handbook on Nuclear Law, published by the IAEA in 2003, and containing updated material on new legal developments, this publication represents an important companion resource for the development of new or revised nuclear legislation, as well as for instruction in the fundamentals of nuclear law. It will be particularly useful for those Member States embarking on new or expanding existing nuclear programmes.




Arms Control Law


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.




Nuclear Non-Proliferation in International Law - Volume VI


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.




The International Legal Framework for Nuclear Security


Book Description

This publication brings together the primary legally binding international instruments and the internationally accepted non-binding instruments that constitute the international legal framework for nuclear security. It sets out the legislative bases for the mandate of the International Atomic Energy Agency in the area of nuclear security, in order to increase awareness of the Agency's role in facilitating national, regional and international efforts to enhance nuclear security, including measures to protect against nuclear terrorism. It is intended that the overview of the salient provisions of the relevant binding and non-binding instruments will increase understanding of the existing legal framework governing nuclear security and counter-terrorism and thereby assist States, intergovernmental organizations and other stakeholders in the implementation of those provisions at the national, regional and international level.




Nuclear Law


Book Description

This open access book traces the journey of nuclear law: its origins, how it has developed, where it is now, and where it is headed. As a discipline, this highly specialized body of law makes it possible for us to benefit from the life-saving applications of nuclear science and technology, including diagnosing cancer as well as avoiding and mitigating the effects of climate change. This book seeks to give readers a glimpse into the future of nuclear law, science and technology. It intends to provoke thought and discussion about how we can maximize the benefits and minimize the risks inherent in nuclear science and technology. This compilation of essays presents a global view in discipline as well as in geography. The book is aimed at representatives of governments -- including regulators, policymakers and lawmakers -- as well representatives of international organizations and the legal and insurance sectors. It will be of interest to all those keen to better understand the role of law in enabling the safe, secure, and peaceful use of nuclear technology around the world. The contributions in this book are written by leading experts, including the IAEA's Director General, and discuss the four branches of nuclear law -- safety, security, safeguards and nuclear liability -- and the interaction of nuclear law with other fields of national and international law.




The Nuclear Ban Treaty


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.




Non-Proliferation Law as a Special Regime


Book Description

Do WMD non-proliferation treaties comprise a special regime in international law, with rules that differ from general international law?




Abolishing Nuclear Weapons


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.