Download or read book ICJ Pleadings Legality of the Use by a State of Nuclear Weapons in Armed Conflict written by International Court of Justice and published by . This book was released on 2022-03-23 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt: This case, entered on the Court's General List under no. 93 and the subject of an Advisory Opinion delivered on 8 July 1996, also proved a landmark Advisory Opinion of the ICJ. The documents relating to the case include: Volume I: Request for Advisory Opinion; Written Proceedings; Volume II: Oral Statements.

Download or read book Legality of the Use by a State of Nuclear Weapons in Armed Conflict written by International Court of Justice and published by . This book was released on 1996 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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. "

Download or read book ICJ Pleadings Legality of the Use by a State of Nuclear Weapons in Armed Conflict written by International Court of Justice and published by . This book was released on 2022-03-23 with total page 1021 pages. Available in PDF, EPUB and Kindle. Book excerpt: This case, entered on the Court's General List under no. 93 and the subject of an Advisory Opinion delivered on 8 July 1996, also proved a landmark Advisory Opinion of the ICJ. The documents relating to the case include: Volume I: Request for Advisory Opinion; Written Proceedings; Volume II: Oral Statements.

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.

Download or read book Legality of the use by a state of nuclear weapons in armed conflict written by International Court of Justice = Cour internationale de justice and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Legality of the Use by a State of Nuclear Weapons in Armed Conflict Volume I written by Internationaler Gerichtshof and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This case, entered on the Court's General List under no. 93 and the subject of an Advisory Opinion delivered on 8 July 1996, also proved a landmark Advisory Opinion of the ICJ. The documents relating to the case include: Volume I: Request for Advisory Opinion; Written Proceedings; Volume II: Oral Statements.

Download or read book Legality of the Use by a State of Nuclear Weapons in Armed Conflict written by and published by . This book was released on 1993 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Download or read book Legality of the Use by a State of Nuclear Weapons in Armed Conflict written by International Court of Justice and published by . This book was released on 1993 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Recueil des arr ts avis consultatifs et ordonnances written by International Court of Justice and published by . This book was released on 1994 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Recueil des arr ts avis consultatifs et ordonnances written by International Court of Justice and published by . This book was released on 1993 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Download or read book Legality of the Use by a State of Nuclear Weapons in Armed Conflict Volume II Liceite De L utilisation Des Armes Nucleaires Par Un Etat Dans Un Conflit Arme Volume II written by International Court of Justice (author) and published by . This book was released on 1901 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Use of Nuclear Weapons and the Protection of the Environment during International Armed Conflict written by Erik V Koppe and published by Bloomsbury Publishing. This book was released on 2008-04-25 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1996, the International Court of Justice delivered an Advisory Opinion on the legality of the use of nuclear weapons in which the Court stated that "while the existing international law relating to the protection and safeguarding of the environment does not specifically prohibit the use of nuclear weapons it indicates important environmental factors that are properly to be taken into account in the context of the implementation of the principles and rules of the law applicable in armed conflict." The present work analyses this conclusion, focusing on the question whether or not the use of nuclear weapons during international armed conflict would violate existing norms of public international law relating to the protection and safeguarding of the environment. Although the use of weaponry during armed conflict is usually related to the protection of individuals, the rapidly emerging appreciation of, and the worldwide realization of the intrinsic value of, the natural environment as an indispensable asset for the continuation of life, including human life, on this planet, both for present and future generations, warrants a thorough and extensive examination of the question of the (il)legality of the employment of nuclear weapons from the point of view of international environmental protection law. The book consists of two parts. Part I discusses the historical development and the effects of nuclear weapons; Part II discusses the protection of the environment during international armed conflict under ius in bello, ius ad bellum and ius pacis. Only then is it possible to assess the legality of the use of nuclear weapons under this particular set of rules.

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.

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.