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.

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.

The Legality of Threat Or Use of Nuclear Weapons

The Legality of Threat Or Use of Nuclear Weapons
Author: John Burroughs
Publisher: LIT Verlag Münster
Total Pages: 192
Release: 1998
Genre: History
ISBN: 9783825835163

" ""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. "

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.

International Negotiations on the Treaty on the Nonproliferation of Nuclear Weapons

International Negotiations on the Treaty on the Nonproliferation of Nuclear Weapons
Author: United States. Arms Control and Disarmament Agency
Publisher:
Total Pages: 208
Release: 1969
Genre: Nuclear nonproliferation
ISBN:

Background -- ENDC negotiations (1964) Nonaligned developments -- First Chinese Communist test -- Disarmament Commission discussions (1965) -- Eighth session of the ENDC (1965) -- Twentieth General Assembly (1965) -- NATO and Warsaw Treaty arrangements -- Pastore resolutions -- Ninth session of the ENDC, January 27-May 10, 1966 -- Tenth session of the ENDC, June 14-August 25, 1966 -- Tenth General Conference of the IAEA, September 21-28, 1966 -- Twenty-first General Assembly (1966) -- Concerns of non-nuclear-weapon nations -- Draft nonproliferation treaty, August 24, 1967 -- Report by Secretary-General Thant, October 10, 1967 -- Twenty-second General Assembly (Part I) -- Thirteenth session of the ENDC, January 18-March 14, 1968 -- Twenty-second General Assembly (Part II) -- Security Council action on the Tripartite Assurances Proposal -- Signing of the treaty -- Documentary annex.

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 Treaty Prohibiting Nuclear Weapons

The Treaty Prohibiting Nuclear Weapons
Author: Jonathan L. Black-Branch
Publisher: Cambridge University Press
Total Pages: 437
Release: 2021-05-20
Genre: Law
ISBN: 110849305X

An examination of the Treaty on the Prohibition of Nuclear Weapons within the contemporary nuclear non-proliferation and disarmament security architecture.

The United Nations and Nuclear Non-proliferation

The United Nations and Nuclear Non-proliferation
Author: United Nations
Publisher: New York : United Nations
Total Pages: 212
Release: 1995
Genre: Law
ISBN:

The Nuclear Non-Proliferation Treaty represents the cornerstone of efforts by the international community to prevent the proliferation of nuclear weapons while ensuring that the benefits of nuclear technology are readily available for peaceful purposes. This publication details the Treaty and brings together, for the first time, key documents relating to the nuclear non-proliferation issue. Complementing the documents are a detailed chronology and an introduction by Secretary-General Boutros Boutros-Ghali, which provide an overview of the key role played by the Organization and its Member States in meeting the new and intrinsic challenges of the nuclear age.

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.