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.

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.

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 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 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:

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.

Download or read book Nuclear Weapons and International Law written by Geoffrey Darnton and published by . This book was released on 2015-08-08 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are nuclear weapons legal or illegal under international law? This book aims to put in your hands information about all the main legal arguments you are likely to encounter. This question has been addressed by several quasi-legal independent tribunals, such as the London Nuclear Warfare Tribunal. There is a summary of evidence before that Tribunal, and its Judgment, included in this book. The question has been handled also by the International Court of Justice (ICJ) which delivered Advisory Opinions. The key Advisory Opinion is included in this book, along with the more substantial Opinion of the ICJ Judge Weeramantry. Recent and current developments include discussion of the Trident Three case in Scotland along with the Lord Advocate's Reference, and the current case in the ICJ of the Republic of the Marshall Islands (RMI) v UK. A copy of the application in the RMI v UK case is included, as it is essential reading for anyone involved in contemporary decision making concerning nuclear weapons (that includes the coming debate about the renewal of Trident in the UK). The book concludes that the overwhelming balance of opinion (judicial and legal expert) is that the possession, threat to use, or use of nuclear weapons in any circumstances whatsoever is unlawful in international law and that individuals involved in decisions to develop, acquire, or deploy nuclear weapons can be held accountable as individuals under international law. An associated overwhelming conclusion is that the nuclear weapons states are in breach of their obligations under the Non-Proliferation Treaty. The book explores the role and legal significance of civil society and related activism such as the profound influence it had via initiatives like the World Court Project that succeeded in persuading the UN General Assembly to refer the question to the ICJ. The book mentions several civil society initiatives current today. The book Foreword is by Richard Falk and David Krieger

Download or read book Freedom from Nuclear Weapons Through Legal Accountability and Good Faith written by George Farebrother and published by Spokesman Books. This book was released on 2007 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Most people want to live in a world free from the threat of nuclear weapons and many believe that any country which could even think of using them corrupts its own values. This hope has the backing of law. It is scarcely possible to imagine how nuclear weapons could ever be used lawfully, and there is a solemn treaty to negotiate in Good Faith for their global abolition." "However, a few states claim that their security depends on nuclear weapons. Thousands of these weapons of mass destruction are still ready to be launched at a moment's notice." "In July 2006 legal experts and civil society representatives met in Brussels to examine the legality of nuclear weapons in depth. They developed proposals for action by citizens to uphold the law, calling on diplomats and politicians to honour their Good Faith obligations. This book records their conclusions, and outlines a way forward."--BOOK JACKET.

Download or read book Nuclear Weapons and International Humanitarian Law written by Sreoshi Sinha and published by . This book was released on 2022-02-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Humanitarian Law (IHL) or the Law of War is a branch of international law that condemns the use of nuclear weapons as being opposed to human principles and morality. This field of international law, as promulgated by the 1949 Geneva Convention, is profoundly anchored in Conventional Treaties, Customary Law, and basic legal concepts. They are outlined in international treaties and military textbooks on "law of armed conflict." The basic standards apply generally as a matter of customary international law and hence bind all governments regardless of their allegiance to a specific treaty. IHL, which applies equally to aggressor and victim states, strives to eliminate cruelty, unnecessary suffering, and devastation, as well as to maintain the potential of achieving a just and lasting peace. Thus, bearing in mind the fundamental principles of International Humanitarian Law, this work attempts to depict and analyse the position of nuclear weapons within the current form of IHL. There has been ongoing investigation into the merits of total destruction of this unconventional type of warfare, and enormous thought has been given to the lex lata laws that apply to nuclear bombs. The book begins with the "International Court of Justice's (ICJ) 1996 Advisory Opinion on The Legality of the Threat or Use of Nuclear Weapons (Nuclear Weapons Advisory Opinion" as its starting point. This book incorporates scholarly analysis of legal issues within the context of wider political arguments over the legal status of nuclear weapons under international law.

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 Nuclear Weapons the Peace Movement and the Law written by John Dewar and published by Springer. This book was released on 1986-05-01 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Case Against the Bomb written by International Court of Justice and published by Rutgers University Press. This book was released on 1996 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Nuclear Non Proliferation in International Law Volume III written by Jonathan L. Black-Branch and published by Springer. This book was released on 2016-11-14 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third volume of the book series on Nuclear Non-Proliferation in International Law focuses on the development and use of nuclear energy for peaceful purposes within a contemporary global context, an interdependent characteristic of the Non-Proliferation Treaty along with disarmament and non-proliferation. The scholarly contributions in this volume explore this interrelationship, considering the role of nation States as well as international organizations such as the International Atomic Energy Agency (IAEA) in monitoring and implementing the Treaty. The 2015 Nuclear Accord with Iran and its implementation is also discussed, highlighting relevant developments in this evolving area. Overall, the volume explores relevant issues, ultimately presenting a number of suggestions for international cooperation in this sensitive field where political discussion often dominates over legal analysis. The important tasks of limiting the proliferation of nuclear weapons, ensuring the safety and security of peaceful uses of nuclear energy, and achieving nuclear disarmament under strict and effective international control, calls for the interpretation and application of international legal principles and rules in their relevant context, a task that this book series endeavours to facilitate whilst presenting new information and evaluating current developments in this area of international law. Jonathan L. Black-Branch is Dean of Law and Professor of International and Comparative Law at Robson Hall, Faculty of Law, University of Manitoba; a Barrister at One Garden Court, London; a Magistrate in Oxfordshire; a Justice of the Peace for England & Wales; a Member of Wolfson College, University of Oxford; 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.

Download or read book The International Court of Justice written by H. W. A. Thirlway and published by Oxford University Press. This book was released on 2016 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Court's Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Court's structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law." --book flap.

Download or read book Legality of the Threat Or Use of Nuclear Weapons written by International Court of Justice and published by UN. This book was released on 2022-03-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This case, entered on the Court's General List on 19 December 1994, under number 95, was the subject of an Advisory Opinion delivered on 8 July 1996. The documents relating to the case include: Volume I. Request for Advisory Opinion; Written Proceedings; Volume II. Oral Statements. A CD-ROM containing the annexes can be found in a sleeve at the end of each volume.

Download or read book Nuclear Weapons and Law written by Arthur Selwyn Miller and published by Praeger. This book was released on 1984-12-21 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a rounded critique of the conventional wisdom about the legality of nuclear weapons by experts in international and constitutional law. Part I addresses the status of nuclear weapons under international law. Scholars on one side of the question draw upon treaties and international custom to argue that most uses of nuclear weapons are illegal and that even mere possession of such weaponry is legally unjustifiable. Others argue that law cannot be imposed on the nuclear weapons states without their consent and that nuclear weapons provide deterrence that binds the superpowers in a peaceful balance of power. Part I concludes with a comprehensive bibliography on nuclear weapons and international law. Part II, the section that focuses on nuclear weapons and American constitutional law, offers widely divergent approaches and conclusions. Although there is no explicit prohibition of such weapons in the United States Constitution, several contributors suggest that the advent of nuclear weapons has so changed the milieu in which constitutional institutions operate that many accepted conclusions must be reexamined. Part III explores the effects of nuclear weapons on the environment and the medical consequences of nuclear war.

Download or read book Nuclear Weapons are Illegal written by Ann Fagan Ginger and published by Rowman & Littlefield Publishers. This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In July 1996 the International Court of Justice made history by declaring nuclear weapons illegal. Here is the complete decision of the Court, including the separate opinions and dissents of the individual judges. Also included are an introduction putting this historic decision in its broader political and legal context, an account of how a combination of non-governmental organizations and governments worked together to make it happen, questions for discussion, a glossary of terms, texts of relevant documents, tables of cases and treaties, and a complex index. This decision is must reading for every thinking and feeling person, whether scholar, student, lawyer, judge, activist, or citizen. It belongs on the shelves of every public and university library, every corporation and union, and every NGO.