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The Legality Of Nuclear Weapons
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Book Synopsis Nuclear Weapons Law by : William H. Boothby
Download or read book Nuclear Weapons Law written by William H. Boothby and published by Cambridge University Press. This book was released on 2022-01-20 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the law relating to the possession, threat or use of nuclear weapons. By addressing in logical sequence the law regarding sovereignty, the threat or use of force, the conduct of nuclear hostilities, neutrality, weapons law and war crimes, the book illustrates the topics that an effective national command, control and communications system for nuclear weapons must address. Guidance is given on intractable issues, such as the responsibilities of remote submarine commanders. The continuing relevance of the ICJ's Nuclear Advisory Opinion is assessed, and the prospects for the Treaty on the Prohibition of Nuclear Weapons are discussed. The book has been written in an accessible style so that it will be equally useful to lawyers and practitioners, including relevant commanders, politicians, policy staffs and academics. The objective is to state the law accurately and to explain its implications and provide practical guidance in this most sensitive area. This book is also available as open access.
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 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 Nuclear Weapons and International Law in the Post Cold War World by : Charles J. Moxley
Download or read book Nuclear Weapons and International Law in the Post Cold War World written by Charles J. Moxley and published by Austin & Winfield Publishers. This book was released on 2000 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the issue of the legality of the use of nuclear weapons under international law. It includes forwarding remarks by Robert S. McNamara, David W. Leebron, and Kosta Tsipis. Moxley analyzes the question in light of the July 1996 advisory opinion issued by the International Court of Justice, the law as articulated by the United States, and generally recognized facts as to the characteristics and effects of nuclear weapons. He concludes that the use of nuclear weapons is per se unlawful under the rules of international law and facts recognized by the United States. Nuclear Weapons and International Law in the Post Cold War World is an unprecedented exploration of the application of the necessity, proportionality and discrimination of principles of international law to nuclear weapons.
Author :Laurence Boisson de Chazournes Publisher :Cambridge University Press ISBN 13 :9780521654807 Total Pages :620 pages Book Rating :4.6/5 (548 download)
Book Synopsis International Law, the International Court of Justice and Nuclear Weapons by : Laurence Boisson de Chazournes
Download or read book International Law, the International Court of Justice and Nuclear Weapons written by Laurence Boisson de Chazournes and published by Cambridge University Press. This book was released on 1999-08-26 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: A most comprehensive book, first published in 1999, analysing the ICJ Advisory Opinions on nuclear weapons handed down in 1996.
Book Synopsis The Treaty on the Prohibition of Nuclear Weapons by : Jonathan L. Black-Branch
Download or read book The Treaty on the Prohibition of Nuclear Weapons written by Jonathan L. Black-Branch and published by Cambridge University Press. This book was released on 2021-05-20 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Treaty on the Prohibition of Nuclear Weapons (2017) sets out to challenge deterrence policies and military defence doctrines, taking a humanitarian approach intended to disrupt the nuclear status quo. States with nuclear weapons oppose its very existence, neither participating in its development nor adopting its final text. Civil society groups seem determined, however, to stigmatize and delegitimize nuclear weapons towards their abolition. This book analyzes how the Treaty influences the international security architecture, examining legal, institutional and diplomatic implications of the Treaty and exploring its real and potential impact for both states acceding to the Treaty and those opposing it. It concludes with practical recommendations for international lawyers and policymakers regarding non-proliferation and disarmament matters, ultimately noting that nuclear weapons threaten peace, and everyone should have the right to nuclear peace and freedom from nuclear fear.
Book Synopsis An attempt to fill the legal gap. The treaty on the prohibition of nuclear weapons by : Diane Omari
Download or read book An attempt to fill the legal gap. The treaty on the prohibition of nuclear weapons written by Diane Omari and published by GRIN Verlag. This book was released on 2020-03-03 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2019 in the subject Politics - Topic: Public International Law and Human Rights, grade: 80.00%, Leiden University, language: English, abstract: This thesis will first outline the background and key conventions that are predecessors to the TPNW. Chapter II will cover thematic similarities between these conventions, and then demonstrate how the ideas codified within these treaties left the issue of the use of nuclear weapons’ legality ambiguous. It will then analyse the ICJ’s famous Advisory Opinion on the matter, and the debates leading up to the acceptance for such a request. Chapter III will discuss the main recurring ideas and issues furthering the need for a convention with clarity on the illegality of nuclear weapons, and analyse the drafting process of the Treaty by observing the contribution of several states, international organizations, and non-governmental organizations (‘NGOs’). Various opinions will be observed to outline the perceived legal impact of the Treaty, considering that most are dubious of the cooperation of nuclear weapons states. Chapter IV will analyse key provisions of the Treaty, its adoption, and voting patterns. This will include a look at the boycotting of the process by states with nuclear weapons and their allies, with a closer observation of the case of the Netherlands, who was the only State voting against the adoption. The thesis will conclude by identifying the potential successes of the Treaty pursuant to goals outlined in the drafting process, and identifying possible recurring issues that may occur with regards to the cooperation of nuclear-weapons states. The Treaty on the Prohibition of Nuclear Weapons’ likelihood of achieving its aims will depend on the pressure it creates on states that possess nuclear weapons and their efforts towards disarmament. With an analytical view of the drafting process and subsequent voting on the Treaty, it seems the only states likely to sign or ratify the Treaty belong to the group that does not possess them to begin with. Nonetheless, the Treaty may have an effect on nuclear weapon states’ behaviour if it is widely accepted by other states, compelling them to take more aggressive action towards nuclear disarmament. Therefore, while the TPNW’s adoption is a progressive step towards greater certainty on the illegality of nuclear weapons, its success in creating a safer world for humanity will largely depend on the likelihood of states in possession of nuclear weapons to feel some obligation to comply with its provisions.
Book Synopsis Nuclear Weapons and Contemporary International Law by : Nagendra Singh
Download or read book Nuclear Weapons and Contemporary International Law written by Nagendra Singh and published by Martinus Nijhoff Publishers. This book was released on 1989 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Nuclear Weapons, Justice and the Law by : Elli Louka
Download or read book Nuclear Weapons, Justice and the Law written by Elli Louka and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dr Elli Louka has written a courageously realistic yet hopeful book on one of the central problems of the twenty-first century. Louka offers an unflinching examination of the uses and potential abuses of the nuclear instrument currently and in projected futures of the interlocking international war system and global economy. . . She looks squarely at the practice and inevitability of pre-emptive action in many of the contexts she projects. This is an important and timely study for anyone practicing or trying to understand international law and politics. From the foreword by W. Michael Reiman, Yale Law School, US It is often argued that the nuclear non-proliferation order divides the world into nuclear-weapon-haves and have-nots, creating a nuclear apartheid. Employing a careful and nuanced discussion of this claim, Elli Louka examines the architecture of the nuclear non-proliferation order, the fairness and effectiveness of international and regional institutions and scenarios for the future of nuclear weapons. A sophisticated study of a complex issue, this book is a must-read for policymakers and those who wish to understand the intricacies and challenges of developing institutions to address the nuclear weapon threat.
Book Synopsis Nuclear Proliferation and the Legality of Nuclear Weapons by : William M. Evan
Download or read book Nuclear Proliferation and the Legality of Nuclear Weapons written by William M. Evan and published by . This book was released on 1995 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents a set of penetrating essays by distinguished legal and international security scholars who study the strengths and weaknesses of the Nuclear Non-Proliferation Treaty and the widespread assumption of the legality of nuclear weapons. Evan and Nanda's book commemorates the 50th anniversary of the atomic bombing of Hiroshima and Nagasaki, the 50th anniversary of the founding of the United Nations and the 25th year review of the Nuclear Non-Proliferation Treaty. In a critical analysis, these essays investigate the prevalent assumption held by political leaders concerning the legality of nuclear weapons. This book supports the World Court Project, which was founded in the interest of applying international law to protect humanity from the threat posed by nuclear weapons. In such subject matter, no other work compares to Nuclear Proliferation and the Legality of Nuclear Weapons. Clearly, Evan and Nanda have edited a work that will be of utmost interest to students enrolled in courses on international law, international relations and international security; specialists in international law, or national security; diplomats, and members of missions to the United Nations.
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 and International Law by : Charles J. Moxley
Download or read book Nuclear Weapons and International Law written by Charles J. Moxley and published by Rowman & Littlefield. This book was released on 2024-05-15 with total page 1135 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book provides a comprehensive analysis of the lawfulness of the use of nuclear weapons, based on existing international law, established facts as to nuclear weapons and their effects, and nuclear weapons policies and plans of the United States. Based on detailed analysis of the facts and law, Professor Moxley shows that the United States’ arguments that uses of nuclear weapons, including low-yield nuclear weapons, could be lawful do not withstand analysis. Moxley opens by examining established rules of international law governing the use of nuclear weapons, first analyzing this body of law based on the United States’ own statements of the matter and then extending the analysis to include requirements of international law that the United States overlooks in its assessment of the lawfulness of potential nuclear weapons uses. He then develops in detail the known facts as to nuclear weapons and their consequences and U.S. policies and plans concerning such matters. He describes the risks of deterrence and the existential nature of the effects of nuclear war on human life and civilization. He proceeds to pull it all together, applying the law to the facts and demonstrating that known nuclear weapons effects cannot comply with such legal requirements as those of distinction, proportionality, necessity, precaution, the corollary requirement of controllability, and the law of reprisal. Moxley shows that, when the United States goes to apply international law to potential nuclear weapons uses, it distorts the law as it has itself articulated it, overlooks law in such areas as causation, risk analysis, mens rea, and per se rules, and disregards known risks as to nuclear weapons effects, including radioactive fallout, nuclear winter, electromagnetic pulses, and potential escalation. He then shows that the policy of deterrence is unlawful because the use of such weapons would be unlawful. Moxley urges that the United States and other nuclear weapons States take heed of the requirements of international law as to nuclear weapons threat and use. He argues that law can be a positive force in society’s addressing existential risks posed by nuclear weapons and the policy of nuclear deterrence.
Book Synopsis Prohibition of Nuclear Weapons by : Elliott L. Meyrowitz
Download or read book Prohibition of Nuclear Weapons written by Elliott L. Meyrowitz and published by Brill - Nijhoff. This book was released on 1990 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States is the only nation to have used nuclear weapons in warfare and claims--not only through its State Department, but through a Congressional vote as late as 1999--that the use of nuclear weapons is lawful. Can such a claim, with its undeniable assurance of the greatest degree of destruction of life and property this planet will ever have seen, be sustained? The author investigates this question as a prelude to a more extensive inquiry into the options of legal scholars on the legal status of nuclear weapons and international law. Published under the Transnational Publishers imprint.
Book Synopsis The 2017 Nuclear Ban Treaty by : Joseph A. Camilleri
Download or read book The 2017 Nuclear Ban Treaty written by Joseph A. Camilleri and published by Routledge. This book was released on 2020-05-21 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rising concern over the increasing threat of nuclear war impelled the 2017 United Nations (UN) negotiations and adoption by 122 UN member states of a Treaty on the Prohibition of Nuclear Weapons. The Treaty seeks to ban nuclear weapons globally in the same way chemical and biological weapons have already been prohibited. This book provides the first in-depth comprehensive analysis of the implications and possibilities of the new treaty, drawing on the insights of international relations, international laws, and disarmament experts and specialists from Europe, America, the Asia-Pacific, and the UN. In a context where existing nuclear weapon states have so far declined to be party to the new treaty, the book examines not only its emergence and significance but also the prospects and possibilities for its implementation, the challenges associated with verifying the new agreement, the role of both civil society and governments, and the treaty’s wider implications in addressing regional and global nuclear threats. This book was originally published as a special issue of Global Change, Peace & Security but additionally includes the special section articles on the treaty in the Journal for Peace and Nuclear Disarmament.
Author :Committee on International Security and Arms Control Publisher :National Academies Press ISBN 13 :0309518377 Total Pages :119 pages Book Rating :4.3/5 (95 download)
Book Synopsis The Future of U.S. Nuclear Weapons Policy by : Committee on International Security and Arms Control
Download or read book The Future of U.S. Nuclear Weapons Policy written by Committee on International Security and Arms Control and published by National Academies Press. This book was released on 1997-07-01 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate about appropriate purposes and policies for U.S. nuclear weapons has been under way since the beginning of the nuclear age. With the end of the Cold War, the debate has entered a new phase, propelled by the post-Cold War transformations of the international political landscape. This volume--based on an exhaustive reexamination of issues addressed in The Future of the U.S.-Soviet Nuclear Relationship (NRC, 1991)--describes the state to which U.S. and Russian nuclear forces and policies have evolved since the Cold War ended. The book evaluates a regime of progressive constraints for future U.S. nuclear weapons policy that includes further reductions in nuclear forces, changes in nuclear operations to preserve deterrence but enhance operational safety, and measures to help prevent proliferation of nuclear weapons. In addition, it examines the conditions and means by which comprehensive nuclear disarmament could become feasible and desirable.
Book Synopsis The Treaty Prohibiting Nuclear Weapons by : Alexander Kmentt
Download or read book The Treaty Prohibiting Nuclear Weapons written by Alexander Kmentt and published by Routledge. This book was released on 2021-05-17 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book chronicles the genesis of the negotiations that led to the Treaty on the Prohibition of Nuclear Weapons (TPNW), which challenged the established nuclear order. The work provides readers with an authoritative account of the complex evolution of the ‘Humanitarian Initiative’ (HI) and the negotiation history of the TPNW. It includes a close analysis of internal strategy documents and communications in the author’s possession which trace the tactical and political decisions of a small group of state actors. By demonstrating the unacceptable humanitarian consequences and uncontrollable risks that these weapons pose to everyone’s security, the HI convinced many states to ban nuclear weapons and reject the policy of nuclear deterrence as unsustainable and illegitimate. As such, this book is a case-study of multilateral diplomacy and cooperation between state and civil society actors. It also contains a full discussion of both sides of the nuclear argument and assesses the extent to which the HI and the TPNW have moved the dial and present opportunities for transformational change. This book will be of much interest to students of nuclear disarmament, arms control and non-proliferation, diplomacy, global governance, and International Relations in general.
Book Synopsis Interpreting the Nuclear Non-Proliferation Treaty by : Daniel H. Joyner
Download or read book Interpreting the Nuclear Non-Proliferation Treaty written by Daniel H. Joyner and published by Oxford University Press. This book was released on 2011-05-26 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
