Author : Daniel H. Joyner
Publisher : Cambridge University Press
Page : 303 pages
File Size : 37,96 MB
Release : 2012-09-20
Category : Law
ISBN : 1107009715
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
Page : 385 pages
File Size : 24,95 MB
Release : 2016-12-08
Category : Law
ISBN : 9004333355
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
Page : 199 pages
File Size : 34,70 MB
Release : 2011-05-26
Category : Law
ISBN : 0191621994
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
Page : 402 pages
File Size : 34,60 MB
Release : 2009-03-05
Category : Law
ISBN : 0191548189
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 : Stuart Casey-Maslen
Publisher :
Page : 305 pages
File Size : 19,83 MB
Release : 2019
Category : History
ISBN : 019883036X
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
Page : 804 pages
File Size : 12,41 MB
Release : 2014-08-28
Category : Law
ISBN : 1139992740
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 : John Baylis
Publisher : Routledge
Page : 214 pages
File Size : 10,60 MB
Release : 2018-07-11
Category : Social Science
ISBN : 1351334425
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
Page : 267 pages
File Size : 17,41 MB
Release : 2014-07-22
Category : Law
ISBN : 9462650209
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
Page : 420 pages
File Size : 44,79 MB
Release : 2015-09-24
Category : Law
ISBN : 9462650756
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 : Rajiv Nayan
Publisher : Routledge
Page : 190 pages
File Size : 47,16 MB
Release : 2013-09-13
Category : History
ISBN : 1317986091
The relationship of the Nuclear Non-Proliferation Treaty with India has been an interesting subject in the field of security studies. The nuclearisation of India and its subsequent rise are further forcing the world to redefine its relationship with the treaty. However, the international response is quite mixed. The old mindset still thinks that India may join the treaty as a Non-Nuclear Weapon State. Scholars appear divided whether India should join the treaty as a nuclear weapon country. The book discusses current crises of the Nuclear Non-Proliferation Treaty which are going to figure in the 2010 Review Conference of the treaty. This book was published as a special issue of The Strategic Analysis.
