nuclear non proliferation in international law volume i 1

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Nuclear Non Proliferation In International Law

Author : Jonathan L. Black-Branch
ISBN : 9789462650756
Genre : Law
File Size : 61. 53 MB
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This second Volume in the book Series on Nuclear Non-Proliferation in International Law discusses the legal interpretation and implementation of verification and compliance with the Treaty of the Non-Proliferation of Nuclear Weapons, 1968; the Comprehensive Nuclear Test-Ban Treaty, 1996; and the Treaty establishing the European Atomic Energy Community (EURATOM), 1957. It specifically examines the question, contested in recent academic writings, whether the International Atomic Energy Agency (IAEA) is competent to verify not only the correctness, but also the completeness of national declarations. Topical legal issues of verification and its technical and political limits as well as peaceful settlement of disputes and countermeasures are discussed in-depth. 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 a further constructive discourse on the topic at both national and international levels. A Third Volume, to be published in Autumn 2016, will focus on legal issues of safety and security of the use of nuclear energy for peaceful purposes. Jonathan L. Black-Branch is Professor of International Law, Royal Holloway University of London; a Member of Wolfson College, Oxford; Chairman of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation and 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); Honorary President, International Society for Military Law and the Law of War; Rapporteur of the ILA Committee on Nuclear Weapons, Non-Prolife ration and Contemporary International Law.

Interpreting The Nuclear Non Proliferation Treaty

Author : Daniel H. Joyner
ISBN : 9780191648786
Genre : Law
File Size : 68. 60 MB
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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.

Nuclear Non Proliferation In International Law Volume Iii

Author : Jonathan L. Black-Branch
ISBN : 9789462651388
Genre : Law
File Size : 31. 82 MB
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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.

Nuclear Weapons Under International Law

Author : Gro Nystuen
ISBN : 9781139992749
Genre : Law
File Size : 45. 45 MB
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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.

Nuclear Proliferation And International Security

Author : Sverre Lodgaard
ISBN : 9781134110018
Genre : History
File Size : 51. 7 MB
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The Nuclear Non-Proliferation Treaty has long been key in non-proliferation and disarmament activities. The Treaty is the major international legal obstacle for states seeking nuclear weapon capabilities. In retrospect, and despite setbacks, the overall impact of the Nuclear Non-Proliferation Treaty has been significant and gratifying. Its continued success is by no means guaranteed. As old nuclear dangers persist and new ones evolve, policies to halt nuclear proliferation are more disparate than at any other time. Nuclear weapons remain an essential part of the security policies of leading states and many developmental states maintain strong nuclear weapon ambitions, while terrorists have actively been seeking nuclear capabilities. In search of an overarching strategy that recognizes both the flaws of the existing non-proliferation regime, and the value of some of the corrections proposed by regime critics, this volume assesses contemporary efforts to stem nuclear proliferation. In doing so, Nuclear Proliferation and International Security examines a number of cases with a view to recommending better non-proliferation tools and strategies. The contributors comprise renowned international scholars, who have been selected to obtain the best possible analyses of critically important issues related to international non-proliferation dynamics and the future integrity of the Non-Proliferation Treaty.

Negotiating The Nuclear Non Proliferation Treaty

Author : Roland Popp
ISBN : 9781315536552
Genre : Political Science
File Size : 54. 29 MB
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This volume offers a critical historical assessment of the negotiation of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and of the origins of the nonproliferation regime. The NPT has been signed by 190 states and was indefinitely extended in 1995, rendering it the most successful arms control treaty in history. Nevertheless, little is known about the motivations and strategic calculi of the various middle and small powers in regard to their ultimate decision to join the treaty despite its discriminatory nature. While the NPT continues to be central to current nonproliferation efforts, its underlying mechanisms remain under-researched. Based on newly declassified archival sources and using previously inaccessible evidence, the contributions in this volume examine the underlying rationales of the specific positions taken by various states during the NPT negotiations. Starting from a critical appraisal of our current knowledge of the genesis of the nonproliferation regime, contributors from diverse national and disciplinary backgrounds focus on both European and non-European states in order to enrich our understanding of how the global nuclear order came into being. This book will be of much interest to students of nuclear proliferation, Cold War history, security studies and IR.

The Law Of Arms Control And The International Non Proliferation Regime

Author : Tom Coppen
ISBN : 9789004333352
Genre : Law
File Size : 82. 52 MB
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This book analyzes the strengths, weaknesses, development and potential of the nuclear non-proliferation and disarmament regime, providing new insights on the role of public international law in a field as politicized as that of nuclear arms control.

International Law And The Proliferation Of Weapons Of Mass Destruction

Author : Daniel Joyner
ISBN : 9780199204908
Genre : Law
File Size : 78. 88 MB
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This text analyses the international law and international organisations that have been constructed to regulate the worldwide proliferation of weapons technologies, particularly those that have been classified as weapons of mass destruction such as nuclear, chemical and biological weapons.

Joining The Non Proliferation Treaty

Author : John Baylis
ISBN : 9781351334426
Genre : Social Science
File Size : 40. 54 MB
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What were the calculations made by the US and its major allies in the 1960s when they faced the signing of the Non-Proliferation Treaty (NPT)? These were all states with the technological and financial capabilities to develop and possess nuclear weapons should they wish to do so. In the end, only the United Kingdom and France became nuclear weapon states. Eventually, all of them joined the non-proliferation regime. Leading American, British, Canadian, French, German and Japanese scholars consider key questions that faced the signatories to the NPT: How imperative was nuclear deterrence in facing the perceived threat to their country? How reliable did they think the US extended deterrence was, and how costly would an independent deterrent be both financially and politically? Was there a regional option? How much future was there in the civilian nuclear energy sector for their country and what role would the NPT play in this area? What capabilities needed to be preserved for the country’s future and how could this be made compatible with the NPT? What were the determining factors of deciding whether to join the NPT?

Nuclear Weapons

Author : Ida Caracciolo
ISBN : 9462366071
Genre : Law
File Size : 24. 55 MB
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This book contains an up-to-date analysis on the legal aspects of nuclear non-proliferation and disarmament. It scrutinizes the effectiveness, the limits, the adaptation, and the future challenges of the regime on the control of nuclear weapons which is still based on the 1968 Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and supported by the IAEA controls. It also deals with new challenges to the non-proliferation legal order deriving mainly from new nuclear weapon states, the North Korean withdrawal from the NPT, the Iranian nuclear programs, activities of non-state actors, the easier access of states and other entities to sensitive materials, the still remote entry into force of the Comprehensive Test Ban Treaty and the debate on a fissile material cut-off treaty. As nuclear proliferation and disarmament are among the main threats to international peace and security, this publication is also of interest outside the circle of academics and practitioners in the field.

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