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How viable is the resolution of nuclear non-proliferation disputes through the International Court of Justice and international arbitration? James Fry examines the compromissory clauses in the IAEA Statute, IAEA Safeguards Agreements and the Convention on the Physical Protection of Nuclear Material that give jurisdiction to these fora and analyses recent jurisprudence to demonstrate how legal resolution can handle such politically sensitive disputes. In sum, legal resolution of nuclear non-proliferation disputes represents an option that States and commentators have all too often ignored. The impartiality and procedural safeguards of legal resolution should make it an acceptable option for target States and the international community, especially vis-à-vis the procedural shortcomings and general heavy-handedness of Security Council involvement under UN Charter Chapter VII.
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.
This volume features a selection of the best scholarship on international law as it is relevant to the proliferation of weapons of mass destruction. The essays consider the nonproliferation legal regime as a normative system and offer a more discrete consideration of international law in each weapons of mass destruction technology area. The role, authority and track record of the UN Security Council in this area are also evaluated.
This book provides a detailed legal commentary of the Articles of the Treaty on the Prohibition of Nuclear Weapons, which was passed in July 2017. Laying out its scope and the obligations of signatory states, this commentary clarifies the regulations overseeing the complex relationships between signatory states and nuclear weapon states.
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.
Do WMD non-proliferation treaties comprise a special regime in international law, with rules that differ from general international law?
This handbook is a practical aid to legislative drafting that brings together, for the first time, model texts of provisions covering all aspects of nuclear law in a consolidated form. Organized along the same lines as the Handbook on Nuclear Law, published by the IAEA in 2003, and containing updated material on new legal developments, this publication represents an important companion resource for the development of new or revised nuclear legislation, as well as for instruction in the fundamentals of nuclear law. It will be particularly useful for those Member States embarking on new or expanding existing nuclear programmes.
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.
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.
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.