Download or read book The Universal Obligation of Nuclear Disarmament written by Antônio Augusto Cançado Trindade and published by . This book was released on 2017 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Interpreting the Nuclear Non Proliferation Treaty written by Daniel H. Joyner and published by Oxford University Press. This book was released on 2011-05-26 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 Non Proliferation in International Law Volume VI written by Jonathan L. Black-Branch and published by Springer Nature. This book was released on 2021-07-26 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 International Negotiations on the Treaty on the Nonproliferation of Nuclear Weapons written by United States. Arms Control and Disarmament Agency and published by . This book was released on 1969 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 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 The United Nations and Nuclear Non proliferation written by United Nations and published by New York : United Nations. This book was released on 1995 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Nuclear Disarmament in International Law written by Haralambos Athanasopulos and published by McFarland. This book was released on 2000-02-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: When German physicists Otto Hahn and Fritz Strassman first split the uranium atom in 1938, they might have little imagined the potential power their experiments had unleashed. Since the United States successfully detonated the first atomic weapons in 1945, the entire world has lived in fear of annihilation. Technological advances in weaponry and, importantly, their delivery systems have only heightened the sense of dread. Yet, since the end of World War II, world governments have been unable to agree on a strategy for nuclear disarmament. This led first to the Cold War and ultimately to the proliferation of nuclear weapons throughout the world. This work examines the nuclear question within the framework of international law. The advent of the nuclear age and its impact on postwar peace and law is first covered. This is followed by analyses of the initial United Nations disarmament initiatives and the reasons they were doomed from the start. The globalization of the Cold War, the expansion of the nuclear arms race, and the START treaties and the legacy of 1970s-era detente efforts in the years leading up to the end of the Cold War are then detailed. How the United Nations reacted to the end of the Cold War and the prospects for disarmament in the 21st century are the subjects of the concluding section.

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 Nuclear Non Proliferation in International Law Volume IV written by Jonathan L. Black-Branch and published by Springer. This book was released on 2018-12-19 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fourth volume in the book series on Nuclear Non-Proliferation in International Law focuses on human perspectives regarding the development and use of nuclear energy; the need for regional solutions; and recent activities towards prohibiting and abolishing nuclear weapons. Jonathan L. Black-Branch is Dean of Law and Professor of International and Comparative Law; Bencher of the Law Society of Manitoba; JP and Barrister (England & Wales); Barrister & Solicitor (Manitoba); 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 Evaluation of U S Efforts to Promote Nuclear Non proliferation Treaty written by United States. General Accounting Office and published by . This book was released on 1980 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Documents on Disarmament written by United States. Arms Control and Disarmament Agency and published by . This book was released on 1968 with total page 928 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.

Download or read book International Law and the Proliferation of Weapons of Mass Destruction written by Daniel H. Joyner and published by Oxford University Press. This book was released on 2009-03-05 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proliferation of WMD technologies is by no means a new concern for the international community. Indeed, since the signing of the Nuclear Non-proliferation Treaty in 1968, tremendous energies have been expended upon diplomatic efforts to create a web of treaties and international organisations regulating the production and stockpiling of WMD sensitive materials within states, as well as their spread through the increasingly globalised channels of international trade to other states and non-state actors. However, the intervention in 2003 by Western powers in Iraq has served as an illustration of the importance of greater understanding of and attention to this area of law, as disagreements over its content and application have once again lead to a potentially destabilising armed intervention by members of the United Nations into the sovereign territory of another member state. Other ongoing disputes between states regarding the character of obligations assumed under non-proliferation treaty instruments, and the effect of international organisations' decisions in this area, form some of the most contentious and potentially destabilising issues of foreign policy concern for many states. This book provides a comprehensive analysis of international law and organisations in the area of WMD proliferation. It will serve both as a reference for understanding the law as it currently exists in its political and economic context, as well as an analysis of areas in which amendments to existing law and organisations are needed.

Download or read book Nuclear Weapons and Scientific Responsibility written by C.G. Weeramantry and published by BRILL. This book was released on 2021-10-11 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several years ago when this work first appeared, it had become apparent that scientists, who play such a key role in the nuclear enterprise, needed to be alerted to the many questions of conscience and legality that were inextricably interlinked with their work. These questions lay at the heart of the nuclear weapons problem, for whatever the political and military leaders might ordain, the manufacture of such weapons was a plain impossibility without the active assistance of the scientific profession. Yet no substantive work on this topic had until then been attempted. Such a work appeared at that time to be an urgent and important need. If the problem was then acute and serious, it is even more so now. The power of nuclear science has grown and with it has grown the power of the individual scientist to initiate new developments. The changes in the world order that have occurred in the intervening years enable individual scientists to hold themselves out as available for employment. Those who seek their expertise may include not only governments but other entities as well. The power of global destruction that these scientists command renders it imperative that they be alerted on a continuing basis to the problems of conscience that arise. Hence the need for a re-issue of this work, for which there had been many requests from concerned scientists, professional groups, socially concerned organisations and also from lawyers. The book is re-issued in its original form but updated by the inclusion of more recent work as contained in extracts from three judicial opinions upon the matter.