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.

Nuclear Non Proliferation in International Law

Author: Jonathan L. Black-Branch
Publisher: Springer
ISBN: 9462650756
Format: PDF, ePub, Docs
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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.

Nuclear Non Proliferation in International Law Volume III

Author: Jonathan L. Black-Branch
Publisher: Springer
ISBN: 9462651388
Format: PDF, Docs
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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.

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.

The Law of Armed Conflict and the Use of Force

Author: Frauke Lachenmann
Publisher: Oxford University Press
ISBN: 0198784627
Format: PDF, Kindle
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This volume brings together articles on the law of armed conflict and the use of force from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resources for scholars, students, and practitioners of international humanitarian law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.

Legal Resolution of Nuclear Non Proliferation Disputes

Author: James D. Fry
Publisher: Cambridge University Press
ISBN: 1107658586
Format: PDF, Mobi
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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

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.

Nuclear Safeguards and the International Atomic Energy Agency

Author:
Publisher: DIANE Publishing
ISBN: 1422348806
Format: PDF, ePub, Docs
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From the dawn of the nuclear age, nuclear power has been recognized as a 'dual-use' technology. The same nuclear reactions that give bombs the destructive force of many thousands of tons of high explosive can, when harnessed in a controlled fashion, produce energy for peaceful purposes. The challenge for the international nuclear nonproliferation regime-the collection of policies, treaties, and institutions intended to stem the spread of nuclear weapons-is to prevent nuclear proliferation while at the same time permitting nuclear energy's peaceful applications to be realized. One of the key institutions involved in meeting these two objectives is the International Atomic Energy Agency (IAEA), an international organization created in 1957 as a direct outgrowth of president Eisenhower's 'Atoms for Peace' program. The IAEA Statute, which creates the legal framework for the agency, charges it to 'accelerate and enlarge the contribution of atomic energy to peace, health, and prosperity throughout the world.' At the same time, it gives the agency the authority to enter into so-called safeguards agreements with individual nations or groups of nations to ensure that nuclear materials, equipment, or facilities are not used to produce nuclear weapons. The IAEA's mission and its safeguards responsibilities were extended with the enactment in 1970 of the Treaty on the Non-Proliferation of Nuclear Weapons (also known as the Non-Proliferation Treaty, or NPT). The Treaty requires non-nuclear-weapon states that are parties to the accord to enter into safeguards agreements with the IAEA covering all nuclear materials on their territory (e.g., uranium and plutonium, whether in forms directly usable for weapons or forms that require additional processing before becoming usable in weapons).

The Politics of Legal Regimes of Nuclear Energy in the Aspect of International Security

Author: Besfort T. Rrecaj
Publisher: LIT Verlag Münster
ISBN: 3643905459
Format: PDF, ePub, Docs
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This book represents a comprehensive contemporary view of the current, hot, and controversial issues revolving around nuclear energy. It involves issues of international/national security where realpolitik, in terms of power politics, remain key features in State relations. States, through international law and cooperation, managed to put in place a nuclear energy management regime with the Non-Proliferation Treaty as its main pillar. The book analyzes the role of international law in this highly sensitive issue, with referral to specific cases of proliferation and the current standings in the control of nuclear energy. (Series: International Law and International Relations / Volkerrecht und internationale Beziehungen - Vol. 9) [Subject: International Affairs, Security Studies, Politics, Energy Studies, International Law]