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 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 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 Threat Or Use of Nuclear Weapons written by International Court of Justice and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legality of the Threat Or Use of Nuclear Weapons written by International Court of Justice and published by . 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 International Law written by Charles J. Moxley and published by Rowman & Littlefield. This book was released on 2024-05-15 with total page 1135 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book provides a comprehensive analysis of the lawfulness of the use of nuclear weapons, based on existing international law, established facts as to nuclear weapons and their effects, and nuclear weapons policies and plans of the United States. Based on detailed analysis of the facts and law, Professor Moxley shows that the United States’ arguments that uses of nuclear weapons, including low-yield nuclear weapons, could be lawful do not withstand analysis. Moxley opens by examining established rules of international law governing the use of nuclear weapons, first analyzing this body of law based on the United States’ own statements of the matter and then extending the analysis to include requirements of international law that the United States overlooks in its assessment of the lawfulness of potential nuclear weapons uses. He then develops in detail the known facts as to nuclear weapons and their consequences and U.S. policies and plans concerning such matters. He describes the risks of deterrence and the existential nature of the effects of nuclear war on human life and civilization. He proceeds to pull it all together, applying the law to the facts and demonstrating that known nuclear weapons effects cannot comply with such legal requirements as those of distinction, proportionality, necessity, precaution, the corollary requirement of controllability, and the law of reprisal. Moxley shows that, when the United States goes to apply international law to potential nuclear weapons uses, it distorts the law as it has itself articulated it, overlooks law in such areas as causation, risk analysis, mens rea, and per se rules, and disregards known risks as to nuclear weapons effects, including radioactive fallout, nuclear winter, electromagnetic pulses, and potential escalation. He then shows that the policy of deterrence is unlawful because the use of such weapons would be unlawful. Moxley urges that the United States and other nuclear weapons States take heed of the requirements of international law as to nuclear weapons threat and use. He argues that law can be a positive force in society’s addressing existential risks posed by nuclear weapons and the policy of nuclear deterrence.
Download or read book Legality of the Threat or Use of Nuclear Weapons Volume II 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 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 Geneva Conventions of August 12 1949 written by and published by . This book was released on 1950 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Nuclear Ban Treaty written by Ramesh Thakur and published by Routledge. This book was released on 2021-12-21 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 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 The Future of U S Nuclear Weapons Policy written by Committee on International Security and Arms Control and published by National Academies Press. This book was released on 1997-07-01 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Ethics and Weapons of Mass Destruction written by Sohail H. Hashmi and published by Cambridge University Press. This book was released on 2004-07-19 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book Nuclear Weapons and the World Court written by Ved P. Nanda and published by . This book was released on 1998 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the threat or use of nuclear weapons ever permissible? This question was, at the request of the United Nations General Assembly, put before the International Court of Justice in 1996 for an advisory opinion. An evenly divided Court concluded that 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 -not an outright condemnation, but certainly strong enough to set in motion the serious initiative to outlaw nuclear weapons currently before the nations of the world.
Download or read book The Treaty on the Prohibition of Nuclear Weapons written by Jonathan L. Black-Branch and published by Cambridge University Press. This book was released on 2021-05-20 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legality of the Threat Or Use of Nuclear Weapons 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:
Download or read book Nuclear Non Proliferation in International Law Volume I written by Jonathan L. Black-Branch and published by Springer. This book was released on 2014-07-22 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume discusses the legal interpretation and implementation of the three pillars of the Treaty of the Non-Proliferation of Nuclear Weapons, 1968, regarding the non-proliferation of nuclear weapons; the right to develop research, production and use of nuclear energy for peaceful purposes; and issues relating to nuclear disarmament. It examines the status of international law regarding nuclear capacity, considering competing legal approaches to the development of nuclear technology, non-proliferation, disarmament and regulating nuclear weapons within a contemporary international context.
