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A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. This book examines the current debate on nuclear non-proliferation and disarmament, notably the international non-proliferation regime and how to implement its disarmament provisions. Discussing the requirements of a new international consensus on nuclear disarmament and non-proliferation, this book builds on the three pillars of the nuclear non-proliferation treaty (NPT): non-proliferation, disarmament and peaceful uses of nuclear energy. It reviews the impact of Cold War and post-Cold War policies on current disarmament initiatives and analyses contemporary proliferation problems: how to deal with the states that never joined the NPT (India, Pakistan and Israel); how states that have been moving toward nuclear weapons have been brought back to non-nuclear-weapon status; and, in particular, how to deal with Iran and North Korea. The analysis centres on the relationship between disarmament and non-proliferation in an increasingly multi-centric world involving China and India as well as the US, the European powers and Russia. It concludes with a description and discussion of three different worlds without nuclear weapons and their implications for nuclear disarmament policies. This book will be of great interest to all students of arms control, strategic studies, war and conflict studies, and IR/security studies in general Sverre Lodgaard is a Senior Research Fellow at the Norwegian Institute of International Affairs, Oslo
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.
The articles contained in this volume encapsulate the current debate on why and how to move towards a world free of nuclear weapons. Presented at an international conference held in New Delhi, the papers by leading experts from around the world, question existing paradigms and explore new security architectures.
This open access book examines key aspects of international cooperation to enhance nuclear safety, security, safeguards, and nonproliferation, thereby assisting in development and maintenance of the verification regime and fostering progress toward a nuclear weapon-free world. Current challenges are discussed and attempts made to identify possible solutions and future improvements, considering scientific developments that have the potential to increase the effectiveness of implementation of international regimes, particularly in critical areas, technology foresight, and the ongoing evaluation of current capabilities.
This book chronicles the genesis of the negotiations that led to the Treaty on the Prohibition of Nuclear Weapons (TPNW), which challenged the established nuclear order. The work provides readers with an authoritative account of the complex evolution of the ‘Humanitarian Initiative’ (HI) and the negotiation history of the TPNW. It includes a close analysis of internal strategy documents and communications in the author’s possession which trace the tactical and political decisions of a small group of state actors. By demonstrating the unacceptable humanitarian consequences and uncontrollable risks that these weapons pose to everyone’s security, the HI convinced many states to ban nuclear weapons and reject the policy of nuclear deterrence as unsustainable and illegitimate. As such, this book is a case-study of multilateral diplomacy and cooperation between state and civil society actors. It also contains a full discussion of both sides of the nuclear argument and assesses the extent to which the HI and the TPNW have moved the dial and present opportunities for transformational change. This book will be of much interest to students of nuclear disarmament, arms control and non-proliferation, diplomacy, global governance, and International Relations in general.
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.
An introduction to the regulation of both conventional weapons and weapons of mass destruction in international disarmament law.
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.
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 weapons remain an essential part of the security policies of leading states. This volume assesses contemporary efforts to stem nuclear proliferation with a view to recommending better non-proliferation tools and strategies. It is of interest to students of nuclear proliferation, arms control, and international security in general.