An Attempt To Fill The Legal Gap The Treaty On The Prohibition Of Nuclear Weapons
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An Attempt To Fill The Legal Gap The Treaty On The Prohibition Of Nuclear Weapons
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Author : Diane Omari
language : en
Publisher: GRIN Verlag
Release Date : 2020-03-03
An Attempt To Fill The Legal Gap The Treaty On The Prohibition Of Nuclear Weapons written by Diane Omari and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-03 with Law categories.
Master's Thesis from the year 2019 in the subject Politics - Topic: Public International Law and Human Rights, grade: 80.00%, Leiden University, language: English, abstract: This thesis will first outline the background and key conventions that are predecessors to the TPNW. Chapter II will cover thematic similarities between these conventions, and then demonstrate how the ideas codified within these treaties left the issue of the use of nuclear weapons’ legality ambiguous. It will then analyse the ICJ’s famous Advisory Opinion on the matter, and the debates leading up to the acceptance for such a request. Chapter III will discuss the main recurring ideas and issues furthering the need for a convention with clarity on the illegality of nuclear weapons, and analyse the drafting process of the Treaty by observing the contribution of several states, international organizations, and non-governmental organizations (‘NGOs’). Various opinions will be observed to outline the perceived legal impact of the Treaty, considering that most are dubious of the cooperation of nuclear weapons states. Chapter IV will analyse key provisions of the Treaty, its adoption, and voting patterns. This will include a look at the boycotting of the process by states with nuclear weapons and their allies, with a closer observation of the case of the Netherlands, who was the only State voting against the adoption. The thesis will conclude by identifying the potential successes of the Treaty pursuant to goals outlined in the drafting process, and identifying possible recurring issues that may occur with regards to the cooperation of nuclear-weapons states. The Treaty on the Prohibition of Nuclear Weapons’ likelihood of achieving its aims will depend on the pressure it creates on states that possess nuclear weapons and their efforts towards disarmament. With an analytical view of the drafting process and subsequent voting on the Treaty, it seems the only states likely to sign or ratify the Treaty belong to the group that does not possess them to begin with. Nonetheless, the Treaty may have an effect on nuclear weapon states’ behaviour if it is widely accepted by other states, compelling them to take more aggressive action towards nuclear disarmament. Therefore, while the TPNW’s adoption is a progressive step towards greater certainty on the illegality of nuclear weapons, its success in creating a safer world for humanity will largely depend on the likelihood of states in possession of nuclear weapons to feel some obligation to comply with its provisions.
The Nuclear Ban Treaty
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Author : Ramesh Thakur
language : en
Publisher: Routledge
Release Date : 2021-12-21
The Nuclear Ban Treaty written by Ramesh Thakur and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-21 with Political Science categories.
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.
Nuclear Weapons Under International Law
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Author : Gro Nystuen
language : en
Publisher: Cambridge University Press
Release Date : 2014-08-28
Nuclear Weapons Under International Law written by Gro Nystuen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-28 with Law categories.
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.
The Treaty On The Prohibition Of Nuclear Weapons
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Author : Stuart Casey-Maslen
language : en
Publisher:
Release Date : 2020
The Treaty On The Prohibition Of Nuclear Weapons written by Stuart Casey-Maslen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Nuclear disarmament categories.
This Commentary offers detailed background and analysis of the Treaty on the Prohibition of Nuclear Weapons, which was adopted at the UN Headquarters in New York in July 2017. The Treaty comprehensively prohibits the use, development, export, and possession of nuclear weapons. The treaty is examined article by article, with discussed of how each provision was negotiated and what it implies for states that join the Treaty. As the Treaty provisions cut across various branches of international law, the Commentary goes beyond a discussion of disarmament to consider the law of armed conflict, human rights, and the law on inter-state use of force. It examines the relationship with other treaties addressing nuclear weapons, in particular the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). Background on the development and possession of nuclear weapons and theories of nuclear deterrence is also provided.
Abolishing Nuclear Weapons
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Author : George Perkovich
language : en
Publisher: Routledge
Release Date : 2017-10-03
Abolishing Nuclear Weapons written by George Perkovich and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-03 with History categories.
Nuclear disarmament is firmly back on the international agenda. But almost all current thinking on the subject is focused on the process of reducing the number of weapons from thousands to hundreds. This rigorous analysis examines the challenges that exist to abolishing nuclear weapons completely, and suggests what can be done now to start overcoming them. The paper argues that the difficulties of 'getting to zero' must not preclude many steps being taken in that direction. It thus begins by examining steps that nuclear-armed states could take in cooperation with others to move towards a world in which the task of prohibiting nuclear weapons could be realistically envisaged. The remainder of the paper focuses on the more distant prospect of prohibiting nuclear weapons, beginning with the challenge of verifying the transition from low numbers to zero. It moves on to examine how the civilian nuclear industry could be managed in a nuclear-weapons-free world so as to prevent rearmament. The paper then considers what political-security conditions would be required to make a nuclear-weapons ban enforceable and explores how enforcement might work in practice. Finally, it addresses the latent capability to produce nuclear weapons that would inevitably exist after abolition, and asks whether this is a barrier to disarmament, or whether it can be managed to meet the security needs of a world newly free of the bomb.
Banning The Bomb Smashing The Patriarchy
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Author : Ray Acheson
language : en
Publisher: Rowman & Littlefield
Release Date : 2021-06-25
Banning The Bomb Smashing The Patriarchy written by Ray Acheson and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-25 with Political Science categories.
Banning the Bomb, Smashing the Patriarchy offers a look inside the antinuclear movement and its recent successful campaign to ban the bomb. From scrappy organizing to winning the Nobel Peace Prize in 2017 and achieving a landmark UN treaty banning nuclear weapons, this book narrates the journey of the International Campaign to Abolish Nuclear Weapons (ICAN) and developments in feminist disarmament activism. Acheson explains the process through which diplomats, activists, and nuclear survivors worked together to elevate the horrific humanitarian and environmental impacts of nuclear weapons, develop new international law categorically prohibiting the bomb, challenge the nuclear orthodoxy, and strengthen norms for disarmament and peace. Told from the perspective of a queer feminist antimilitarist organizer who was involved from the start of the process through to the treaty’s adoption, the book utilizes interviews with dozens of participants, as well as critical theoretical perspectives about transnational advocacy networks, discourse change, and intersectional feminist action. It is meant to provide useful insights for anyone trying to make change amidst structures of power and politics.
The Treaty Prohibiting Nuclear Weapons
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Author : Alexander Kmentt
language : en
Publisher: Routledge
Release Date : 2021-05-17
The Treaty Prohibiting Nuclear Weapons written by Alexander Kmentt and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-17 with Political Science categories.
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.
Uranium Enrichment And Nuclear Weapon Proliferation
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Author : Allan S. Krass
language : en
Publisher: Routledge
Release Date : 2020-11-20
Uranium Enrichment And Nuclear Weapon Proliferation written by Allan S. Krass and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-20 with Political Science categories.
Originally published in 1983, this book presents both the technical and political information necessary to evaluate the emerging threat to world security posed by recent advances in uranium enrichment technology. Uranium enrichment has played a relatively quiet but important role in the history of efforts by a number of nations to acquire nuclear weapons and by a number of others to prevent the proliferation of nuclear weapons. For many years the uranium enrichment industry was dominated by a single method, gaseous diffusion, which was technically complex, extremely capital-intensive, and highly inefficient in its use of energy. As long as this remained true, only the richest and most technically advanced nations could afford to pursue the enrichment route to weapon acquisition. But during the 1970s this situation changed dramatically. Several new and far more accessible enrichment techniques were developed, stimulated largely by the anticipation of a rapidly growing demand for enrichment services by the world-wide nuclear power industry. This proliferation of new techniques, coupled with the subsequent contraction of the commercial market for enriched uranium, has created a situation in which uranium enrichment technology might well become the most important contributor to further nuclear weapon proliferation. Some of the issues addressed in this book are: A technical analysis of the most important enrichment techniques in a form that is relevant to analysis of proliferation risks; A detailed projection of the world demand for uranium enrichment services; A summary and critique of present institutional non-proliferation arrangements in the world enrichment industry, and An identification of the states most likely to pursue the enrichment route to acquisition of nuclear weapons.
Common Security In Outer Space And International Law
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Author : Detlev Wolter (jurist.)
language : en
Publisher: United Nations Publications UNIDIR
Release Date : 2006
Common Security In Outer Space And International Law written by Detlev Wolter (jurist.) and has been published by United Nations Publications UNIDIR this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with History categories.
This publication explores the concept of common security and the legal foundations for its application in outer space law, based on the premise that outer space is an internationalised common area beyond the national jurisdiction of individual states, and therefore security in space must be the common security of all states. Chapters cover a range of issues including: the principle of the peaceful use of outer space, passive military uses, and multilateral negotiations to prevent an arms race in outer space; structural change of international law and the common heritage of mankind principle; and proposals for a multilateral agreement and the creation of an International Organisation for Common Security in Outer Space.
Customary International Humanitarian Law
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Author : Jean-Marie Henckaerts
language : en
Publisher: Cambridge University Press
Release Date : 2005-03-03
Customary International Humanitarian Law written by Jean-Marie Henckaerts and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-03-03 with Law categories.
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.