Legal Resolution of Nuclear Non-Proliferation Disputes

Legal Resolution of Nuclear Non-Proliferation Disputes
Author: James D. Fry
Publisher: Cambridge University Press
Total Pages: 515
Release: 2013-12-19
Genre: Law
ISBN: 1107658586

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 Non-Proliferation in International Law

Nuclear Non-Proliferation in International Law
Author: Jonathan L. Black-Branch
Publisher: Springer
Total Pages: 420
Release: 2015-09-24
Genre: 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.

Nuclear Non-Proliferation in International Law - Volume VI

Nuclear Non-Proliferation in International Law - Volume VI
Author: Jonathan L. Black-Branch
Publisher: Springer Nature
Total Pages: 521
Release: 2021-07-26
Genre: Law
ISBN: 9462654638

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.

Nuclear Non-Proliferation in International Law - Volume V

Nuclear Non-Proliferation in International Law - Volume V
Author: Jonathan L. Black-Branch
Publisher: Springer Nature
Total Pages: 394
Release: 2020-01-02
Genre: Law
ISBN: 946265347X

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.

Nuclear Weapons under International Law

Nuclear Weapons under International Law
Author: Gro Nystuen
Publisher: Cambridge University Press
Total Pages: 804
Release: 2014-08-28
Genre: 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.

Interpreting the Nuclear Non-Proliferation Treaty

Interpreting the Nuclear Non-Proliferation Treaty
Author: Daniel H. Joyner
Publisher: Oxford University Press
Total Pages: 200
Release: 2011-05-26
Genre: 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.

Handbook on Nuclear Law

Handbook on Nuclear Law
Author: Carlton Stoiber
Publisher:
Total Pages: 0
Release: 2010
Genre: Technology & Engineering
ISBN: 9789201039101

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

Arms Control Law
Author: Daniel H. Joyner
Publisher: Routledge
Total Pages: 0
Release: 2012
Genre: Arms control
ISBN: 9780754629535

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.

Abolishing Nuclear Weapons

Abolishing Nuclear Weapons
Author: George Perkovich
Publisher: Routledge
Total Pages: 152
Release: 2017-10-03
Genre: History
ISBN: 1351225960

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.