The Treaty on the Prohibition of Nuclear Weapons

The Treaty on the Prohibition of Nuclear Weapons
Author: Jonathan L. Black-Branch
Publisher: Cambridge University Press
Total Pages: 437
Release: 2021-05-20
Genre: Law
ISBN: 1108658660

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.

The Treaty Prohibiting Nuclear Weapons

The Treaty Prohibiting Nuclear Weapons
Author: Alexander Kmentt
Publisher: Routledge
Total Pages: 193
Release: 2021-05-17
Genre: Political Science
ISBN: 1000393488

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.

The Nuclear Ban Treaty

The Nuclear Ban Treaty
Author: Ramesh Thakur
Publisher: Routledge
Total Pages: 254
Release: 2021-12-21
Genre: Political Science
ISBN: 1000516938

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.

The 2017 Nuclear Ban Treaty

The 2017 Nuclear Ban Treaty
Author: Joseph A. Camilleri
Publisher: Routledge
Total Pages: 315
Release: 2020-05-21
Genre: History
ISBN: 0429685947

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.

The Treaty on the Prohibition of Nuclear Weapons

The Treaty on the Prohibition of Nuclear Weapons
Author: Stuart Casey-Maslen
Publisher: Oxford University Press, USA
Total Pages: 305
Release: 2019
Genre: Nuclear disarmament
ISBN: 019883036X

"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. The treaty is examined article by article, with discussed of 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 also provided."--Résumé de l'éditeur.

The Treaty on the Prohibition of Nuclear Weapons

The Treaty on the Prohibition of Nuclear Weapons
Author: Stuart Casey-Maslen
Publisher: Oxford University Press
Total Pages: 304
Release: 2019-01-31
Genre: Law
ISBN: 0192566024

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.

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.

The Future of U.S. Nuclear Weapons Policy

The Future of U.S. Nuclear Weapons Policy
Author: Committee on International Security and Arms Control
Publisher: National Academies Press
Total Pages: 119
Release: 1997-07-01
Genre: Technology & Engineering
ISBN: 0309518377

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.

An attempt to fill the legal gap. The treaty on the prohibition of nuclear weapons

An attempt to fill the legal gap. The treaty on the prohibition of nuclear weapons
Author: Diane Omari
Publisher: GRIN Verlag
Total Pages: 41
Release: 2020-03-03
Genre: Law
ISBN: 3346124029

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.