Non Proliferation Law as a Special Regime

Author: Daniel H. Joyner
Publisher: Cambridge University Press
ISBN: 1139560557
Format: PDF, Mobi
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The fragmentation of international law is an undeniable phenomenon and one that has met with increasing academic interest. This fragmentation is the result of the progressive expansion of both international legal activity and the subject-matter of international law. This expansion brings with it the risk of conflicting rules, principles and institutions. Non-Proliferation Law as a Special Regime focuses on weapons of mass destruction and aims to identify whether there are specific rules applying to this field that depart from the general rules of international law and the rules of other special regimes, in particular with regard to the law of treaties and the law of state responsibility. In providing a systematic analysis of a substantive area of international law and applying the theory of fragmentation and special regimes, the book contributes to the ongoing debate concerning one of the most topical issues in international law.

Non Proliferation Law as a Special Regime

Author: Daniel H. Joyner
Publisher: Cambridge University Press
ISBN: 1107009715
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Do WMD non-proliferation treaties comprise a special regime in international law, with rules that differ from general international law?

Nuclear Weapons

Author: Ida Caracciolo
Publisher:
ISBN: 9789462366077
Format: PDF, ePub, Mobi
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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.

The Law of Arms Control and the International Non Proliferation Regime

Author: Tom Coppen
Publisher: BRILL
ISBN: 9004333355
Format: PDF, ePub, Docs
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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.

Nuclear Non Proliferation in International Law

Author: Jonathan L. Black-Branch
Publisher: Springer
ISBN: 9462650756
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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.

Joining the Non Proliferation Treaty

Author: John Baylis
Publisher: Routledge
ISBN: 1351334425
Format: PDF, ePub
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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?

Overcoming Impediments to U S Russian Cooperation on Nuclear Non Proliferation

Author: Russian Academy of Sciences Committee on U.S-Russian Cooperation on Nuclear Non-Proliferation, Development, Security, and Cooperation
Publisher: National Academies Press
ISBN: 0309091772
Format: PDF, Kindle
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The U.S. National Academies and the Russian Academy of Sciences convened a joint workshop to identify methods of overcoming impediments to cooperation between the United States and Russia on nonproliferation. The workshop emphasized approaches and techniques that have already been shown to work in U.S.-Russian programs and that might be applied in other areas. The workshop was intended to facilitate frank discussion between individuals in the United States and Russia who have some responsibility for cooperative nonproliferation programs in the hope of identifying both the impediments to cooperation and potential methods of addressing them. This report summarizes the discussions at the workshop.

International Law and the Proliferation of Weapons of Mass Destruction

Author: Daniel Joyner
Publisher: Oxford University Press, USA
ISBN: 019920490X
Format: PDF, Kindle
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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.

Interpreting the Nuclear Non Proliferation Treaty

Author: Daniel H. Joyner
Publisher: OUP Oxford
ISBN: 0191648787
Format: PDF, Docs
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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.

Handbook of Nuclear Proliferation

Author: Harsh V Pant
Publisher: Routledge
ISBN: 113689442X
Format: PDF, ePub, Mobi
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The chapters of this proposed volume are intended to shed light on the diverse themes surrounding this very important issue area in international security. Each of the six major sections addresses an aspect of nuclear proliferation that will be critical in determining the future trajectory of global politics in the years to come. The first section examines the major thematic issues underlying the contemporary discourse on nuclear proliferation. How do we understand this period in proliferation? What accounts for a taboo on the use of nuclear weapons so far and will it survive? What is the present state of nuclear deterrence models built during the Cold War? What is the relationship between the pursuit of civilian nuclear energy and the risks of proliferation? Why are we witnessing a move away from non-proliferation to counter-proliferation? The second section gives an overview of the evolving nuclear policies of the five established nuclear powers: the USA, Russia, the United Kingdom, France and the People's Republic of China. Section three looks at the three de facto nuclear states: India, Pakistan and Israel. The fourth section examines the three problem areas in the proliferation matrix today – Iran, North Korea and the potent mix of non-state actors and nuclear weapons. The fifth section sheds light on an important issue often ignored during discussions of nuclear proliferation – cases where states have made a deliberate policy choice of either renouncing their nuclear weapons programme, or have decided to remain a threshold state. The cases of South Africa, Egypt and Japan will be the focus of this section. The final section will examine the present state of the global nuclear non-proliferation regime, which most observers agree is currently facing a crisis of credibility. The three pillars of this regime – the Nuclear Non-Proliferation Treaty (NPT), the Comprehensive Test Ban Treaty (CTBT), and the Fissile Material Cut-Off Treaty (FMCT) – will be examined. This is followed by an analysis of the present trends and prospects for US-Russia nuclear arms control. The impact of missile defenses and the US-India civilian nuclear energy co-operation pact will be examined so as to ascertain whether they have weakened or strengthened the global non-proliferation regime. The chapters in this volume aim to document the increasing complexity of the global nuclear proliferation dynamic and the inability of the international community to come to terms with a rapidly changing strategic milieu. The future, in all likelihood, will be very different from the past, and the chapters in this volume will try to develop a framework that may help gain a better understanding of the forces that will shape the nuclear proliferation debate in the years to come. Proposed Contents Introduction – Overview Part 1: Thematic Issues The Second Nuclear Age The Nuclear Taboo Nuclear Deterrence Nuclear Energy and Non-Proliferation Non-Proliferation and Counter Proliferation Non-State Actors and Nuclear Weapons Part 2: The Five Nuclear Powers USA Russia United Kingdom France People's Republic of China Part 3: De Facto Nuclear States India Pakistan Israel Part 4: The ‘Problem’ States Iran North Korea Part 5: The ‘Threshold’ States South Africa Japan Egypt Part 6: The Global Non-Proliferation Regime The NPT The CTBT The FMCT US-Russia Nuclear Arms Control The Impact of Missile Defenses The US-India Nuclear Deal The Future: What It May Hold In Store Conclusion