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Legal Resolution Of Nuclear Non Proliferation Disputes
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Book Synopsis Legal Resolution of Nuclear Non-Proliferation Disputes by : James D. Fry
Download or read book Legal Resolution of Nuclear Non-Proliferation Disputes written by James D. Fry and published by Cambridge University Press. This book was released on 2013-12-19 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Nuclear Non-Proliferation in International Law by : Jonathan L. Black-Branch
Download or read book Nuclear Non-Proliferation in International Law written by Jonathan L. Black-Branch and published by Springer. This book was released on 2015-09-24 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Nuclear Non-Proliferation in International Law - Volume V by : Jonathan L. Black-Branch
Download or read book Nuclear Non-Proliferation in International Law - Volume V written by Jonathan L. Black-Branch and published by Springer Nature. This book was released on 2020-01-02 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fifth volume in the book series on Nuclear Non-Proliferation in International Law focuses on various legal aspects regarding nuclear security and nuclear deterrence. 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 Dean of Law and Professor of International and Comparative Law at the University of Manitoba in Canada; a Bencher of the Law Society of Manitoba; JP and Barrister (England & Wales); Barrister & Solicitor (Manitoba); and Chair of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & 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); and Rapporteur of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law.
Book Synopsis Interpreting the Nuclear Non-Proliferation Treaty by : Daniel Joyner
Download or read book Interpreting the Nuclear Non-Proliferation Treaty written by Daniel Joyner and published by Oxford University Press. This book was released on 2011-05-26 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Nuclear Non-Proliferation in International Law - Volume III by : Jonathan L. Black-Branch
Download or read book Nuclear Non-Proliferation in International Law - Volume III written by Jonathan L. Black-Branch and published by Springer. This book was released on 2016-11-14 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third volume of the book series on Nuclear Non-Proliferation in International Law focuses on the development and use of nuclear energy for peaceful purposes within a contemporary global context, an interdependent characteristic of the Non-Proliferation Treaty along with disarmament and non-proliferation. The scholarly contributions in this volume explore this interrelationship, considering the role of nation States as well as international organizations such as the International Atomic Energy Agency (IAEA) in monitoring and implementing the Treaty. The 2015 Nuclear Accord with Iran and its implementation is also discussed, highlighting relevant developments in this evolving area. Overall, the volume explores relevant issues, ultimately presenting a number of suggestions for international cooperation in this sensitive field where political discussion often dominates over legal analysis. The important tasks of limiting the proliferation of nuclear weapons, ensuring the safety and security of peaceful uses of nuclear energy, and achieving nuclear disarmament under strict and effective international control, calls for the interpretation and application of international legal principles and rules in their relevant context, a task that this book series endeavours to facilitate whilst presenting new information and evaluating current developments in this area of international law. Jonathan L. Black-Branch is Dean of Law and Professor of International and Comparative Law at Robson Hall, Faculty of Law, University of Manitoba; a Barrister at One Garden Court, London; a Magistrate in Oxfordshire; a Justice of the Peace for England & Wales; a Member of Wolfson College, University of Oxford; and Chair of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & 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); and Rapporteur of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law.
Book Synopsis Nuclear Non-Proliferation in International Law - Volume VI by : Jonathan L. Black-Branch
Download or read book Nuclear Non-Proliferation in International Law - Volume VI written by Jonathan L. Black-Branch and published by Springer Nature. This book was released on 2021-07-26 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Nuclear Weapons under International Law by : Gro Nystuen
Download or read book Nuclear Weapons under International Law written by Gro Nystuen and published by Cambridge University Press. This book was released on 2014-08-28 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Nuclear Non-Proliferation in International Law - Volume I by : Jonathan L. Black-Branch
Download or read book Nuclear Non-Proliferation in International Law - Volume I written by Jonathan L. Black-Branch and published by Springer. This book was released on 2014-07-22 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Legality of Threat Or Use of Nuclear Weapons by : John Burroughs
Download or read book The Legality of Threat Or Use of Nuclear Weapons written by John Burroughs and published by LIT Verlag Münster. This book was released on 1998 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: " ""The threat or use of nuclear weapons would generally be contrary to the rules of international law applicable in armed conflict, and in particular the principles and rules of humanitarian law ... There exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control."" - Advisory Opinion of the International Court of Justice, 8 July 1996 ""This book shows how courageous states from the developing world, working in concert with visionary lawyers, physicians and other sectors of international civil society, boldly obtained astonishing results from the highest court in the world. The World Court clearly ruled that the threat or use of nuclear weapons is illegal in almost all conceivable circumstances. The Court further underlined the unconditional obligation of the nuclear weapon states to begin and conclude negotiations on nuclear disarmament in all its aspects. It is now up to all of us to determine the follow-up, whatever the opposition. We cannot end this century without clear commitments and steps to eliminate nuclear weapons."" - Razali Ismail, Permanent Representative of Malaysia to the United Nations, President of the United Nations General Assembly, 1996-1997 ""It is not often that a judicial opinion on a given question is both hailed and criticized by participants on all sides of the question. This book, written by a leading member of the team that helped to prepare the case on the illegality of the threat and use of nuclear weapons, explains succinctly what the World Court, and the judges in their separate statements, did and did not say. In so doing, it makes a compelling case for the proposition that the Opinion represents a milestone on the road to nuclear abolition."" - Peter Weiss, Co-President, International Association of Lawyers Against Nuclear Arms The 20th century has been defined in large part by the unleashing of the terrible destructive power of the atom, and the subsequent struggle to overcome the threat of nuclear annihilation. If humankind survives, the 8 July 1996 Advisory Opinion of the International Court of Justice, and the extraordinary process that led up to it, will have played an essential role. The (Il)legality of the Threat or Use of Nuclear Weapons is a concise yet thorough guide to the case. In straightforward language, it describes the history of this unprecedented initiative and summarizes and explains states' arguments to the Court, the Court's findings, and the separate statements of the judges. The author provides cogent expert analysis and, most importantly, reveals how the opinion imparts hope and points the way to the future: "" The Court has authoritatively interpreted law which states acknowledge they must follow, including humanitarian law protecting civilians from indiscriminate effects of warfare, the United Nations Charter, and the Nuclear Non-Proliferation Treaty. The implications are profound: abandonment of reliance on the threat and use of nuclear weapons as an instrument of national policy, and expeditious elimination of nuclear arsenals. The opinion can be cited as an authoritative statement of the law in any political or legal setting - including the United Nations and national courts and parliaments - in which nuclear weapon policies are challenged."" John Burroughs, an attorney for the Western States Legal Foundation in California, served as the legal coordinator for the World Court Project/International Association of Lawyers Against Nuclear Arms at the November 1995 hearings before the International Court of Justice. "
Book Synopsis Legal Resolution of Nuclear Non-Proliferation Disputes by : James D. Fry
Download or read book Legal Resolution of Nuclear Non-Proliferation Disputes written by James D. Fry and published by Cambridge University Press. This book was released on 2013-12-19 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: James Fry explores the use of international courts and tribunals to settle disputes over nuclear weapons and nuclear material.
Book Synopsis The Treaty on the Prohibition of Nuclear Weapons by : Stuart Casey-Maslen
Download or read book The Treaty on the Prohibition of Nuclear Weapons written by Stuart Casey-Maslen and published by Oxford University Press. This book was released on 2019-01-31 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Law and the Proliferation of Weapons of Mass Destruction by : Daniel Joyner
Download or read book International Law and the Proliferation of Weapons of Mass Destruction written by Daniel Joyner and published by . This book was released on 2009 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 organizations regulating the production and stockpiling of WMD sensitive materials within states, as well as their spread through the increasingly globalized 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 destabilizing 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 work assumed under non-proliferation treaty instruments, and the effect of international organizations' decisions in this area, form some of the most contentious and potentially destabilizing issues of foreign policy concern for many states. This book provides a comprehensive analysis of international law and organizations 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 organizations are needed.
Book Synopsis Arms Control Law by : Daniel H. Joyner
Download or read book Arms Control Law written by Daniel H. Joyner and published by Routledge. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Abolishing Nuclear Weapons by : George Perkovich
Download or read book Abolishing Nuclear Weapons written by George Perkovich and published by Routledge. This book was released on 2017-10-03 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Global Non-Proliferation and Counter-Terrorism by : Olivia Bosch
Download or read book Global Non-Proliferation and Counter-Terrorism written by Olivia Bosch and published by Rowman & Littlefield. This book was released on 2007-08-29 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Book Synopsis Statute of the International Atomic Energy Agency by : United States. Congress. Senate. Committee on Foreign Relations
Download or read book Statute of the International Atomic Energy Agency written by United States. Congress. Senate. Committee on Foreign Relations and published by . This book was released on 1957 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers ratification of an international agreement to establish the International Atomic Energy Agency.
Book Synopsis Handbook on Nuclear Law by : Carlton Stoiber
Download or read book Handbook on Nuclear Law written by Carlton Stoiber and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
