Legality Of The Threat Or Use Of Nuclear Weapons


Legality Of The Threat Or Use Of Nuclear Weapons
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The Legality Of Threat Or Use Of Nuclear Weapons


The Legality Of Threat Or Use Of Nuclear Weapons
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Author : John Burroughs
language : en
Publisher: LIT Verlag Münster
Release Date : 1998

The Legality Of Threat Or Use Of Nuclear Weapons written by John Burroughs and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with History categories.


" ""The threat or use of nuclear weapons would generally be contrary to the rules of international law applicable in armed conflict, and in particular the principles and rules of humanitarian law ... There exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control."" - Advisory Opinion of the International Court of Justice, 8 July 1996 ""This book shows how courageous states from the developing world, working in concert with visionary lawyers, physicians and other sectors of international civil society, boldly obtained astonishing results from the highest court in the world. The World Court clearly ruled that the threat or use of nuclear weapons is illegal in almost all conceivable circumstances. The Court further underlined the unconditional obligation of the nuclear weapon states to begin and conclude negotiations on nuclear disarmament in all its aspects. It is now up to all of us to determine the follow-up, whatever the opposition. We cannot end this century without clear commitments and steps to eliminate nuclear weapons."" - Razali Ismail, Permanent Representative of Malaysia to the United Nations, President of the United Nations General Assembly, 1996-1997 ""It is not often that a judicial opinion on a given question is both hailed and criticized by participants on all sides of the question. This book, written by a leading member of the team that helped to prepare the case on the illegality of the threat and use of nuclear weapons, explains succinctly what the World Court, and the judges in their separate statements, did and did not say. In so doing, it makes a compelling case for the proposition that the Opinion represents a milestone on the road to nuclear abolition."" - Peter Weiss, Co-President, International Association of Lawyers Against Nuclear Arms The 20th century has been defined in large part by the unleashing of the terrible destructive power of the atom, and the subsequent struggle to overcome the threat of nuclear annihilation. If humankind survives, the 8 July 1996 Advisory Opinion of the International Court of Justice, and the extraordinary process that led up to it, will have played an essential role. The (Il)legality of the Threat or Use of Nuclear Weapons is a concise yet thorough guide to the case. In straightforward language, it describes the history of this unprecedented initiative and summarizes and explains states' arguments to the Court, the Court's findings, and the separate statements of the judges. The author provides cogent expert analysis and, most importantly, reveals how the opinion imparts hope and points the way to the future: "" The Court has authoritatively interpreted law which states acknowledge they must follow, including humanitarian law protecting civilians from indiscriminate effects of warfare, the United Nations Charter, and the Nuclear Non-Proliferation Treaty. The implications are profound: abandonment of reliance on the threat and use of nuclear weapons as an instrument of national policy, and expeditious elimination of nuclear arsenals. The opinion can be cited as an authoritative statement of the law in any political or legal setting - including the United Nations and national courts and parliaments - in which nuclear weapon policies are challenged."" John Burroughs, an attorney for the Western States Legal Foundation in California, served as the legal coordinator for the World Court Project/International Association of Lawyers Against Nuclear Arms at the November 1995 hearings before the International Court of Justice. "



Icj Pleadings Legality Of The Threat Or Use Of Nuclear Weapons


Icj Pleadings Legality Of The Threat Or Use Of Nuclear Weapons
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Author : International Court of Justice
language : en
Publisher:
Release Date : 2022-03-23

Icj Pleadings Legality Of The Threat Or Use Of Nuclear Weapons written by International Court of Justice and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-23 with Nuclear weapons (International law) categories.


This case, entered on the Court's General List on 19 December 1994, under number 95, was the subject of an Advisory Opinion delivered on 8 July 1996. The documents relating to the case include: Volume I. Request for Advisory Opinion; Written Proceedings; Volume II. Oral Statements. A CD-ROM containing the annexes can be found in a sleeve at the end of each volume.



Legality Of The Threat Or Use Of Nuclear Weapons


Legality Of The Threat Or Use Of Nuclear Weapons
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Author : Internationaler Gerichtshof
language : en
Publisher:
Release Date : 2022

Legality Of The Threat Or Use Of Nuclear Weapons written by Internationaler Gerichtshof and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Nuclear weapons (International law) categories.




Nuclear Weapons Under International Law


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.



Nuclear Weapons Law


Nuclear Weapons Law
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Author : William H. Boothby
language : en
Publisher: Cambridge University Press
Release Date : 2022-01-20

Nuclear Weapons Law written by William H. Boothby 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 2022-01-20 with History categories.


Shows how international law is central to ensuring the world's safety from the threat or use of nuclear weapons.



Nuclear Weapons Justice And The Law


Nuclear Weapons Justice And The Law
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Author : Elli Louka
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01

Nuclear Weapons Justice And The Law written by Elli Louka and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Political Science categories.


Dr Elli Louka has written a courageously realistic yet hopeful book on one of the central problems of the twenty-first century. Louka offers an unflinching examination of the uses and potential abuses of the nuclear instrument currently and in projected futures of the interlocking international war system and global economy. . . She looks squarely at the practice and inevitability of pre-emptive action in many of the contexts she projects. This is an important and timely study for anyone practicing or trying to understand international law and politics. From the foreword by W. Michael Reiman, Yale Law School, US It is often argued that the nuclear non-proliferation order divides the world into nuclear-weapon-haves and have-nots, creating a nuclear apartheid. Employing a careful and nuanced discussion of this claim, Elli Louka examines the architecture of the nuclear non-proliferation order, the fairness and effectiveness of international and regional institutions and scenarios for the future of nuclear weapons. A sophisticated study of a complex issue, this book is a must-read for policymakers and those who wish to understand the intricacies and challenges of developing institutions to address the nuclear weapon threat.



Nuclear Weapons And International Law


Nuclear Weapons And International Law
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Author : Geoffrey Darnton
language : en
Publisher:
Release Date : 2015-08-08

Nuclear Weapons And International Law written by Geoffrey Darnton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-08 with categories.


Are nuclear weapons legal or illegal under international law? This book aims to put in your hands information about all the main legal arguments you are likely to encounter. This question has been addressed by several quasi-legal independent tribunals, such as the London Nuclear Warfare Tribunal. There is a summary of evidence before that Tribunal, and its Judgment, included in this book. The question has been handled also by the International Court of Justice (ICJ) which delivered Advisory Opinions. The key Advisory Opinion is included in this book, along with the more substantial Opinion of the ICJ Judge Weeramantry. Recent and current developments include discussion of the Trident Three case in Scotland along with the Lord Advocate s Reference, and the current case in the ICJ of the Republic of the Marshall Islands (RMI) v UK. A copy of the application in the RMI v UK case is included, as it is essential reading for anyone involved in contemporary decision making concerning nuclear weapons (that includes the coming debate about the renewal of Trident in the UK). The book concludes that the overwhelming balance of opinion (judicial and legal expert) is that the possession, threat to use, or use of nuclear weapons in any circumstances whatsoever is unlawful in international law and that individuals involved in decisions to develop, acquire, or deploy nuclear weapons can be held accountable as individuals under international law. An associated overwhelming conclusion is that the nuclear weapons states are in breach of their obligations under the Non-Proliferation Treaty. The book explores the role and legal significance of civil society and related activism such as the profound influence it had via initiatives like the World Court Project that succeeded in persuading the UN General Assembly to refer the question to the ICJ. The book mentions several civil society initiatives current today. The book Foreword is by Richard Falk and David Krieger."



Threats Of Force


Threats Of Force
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Author : Francis Grimal
language : en
Publisher: Routledge
Release Date : 2013

Threats Of Force written by Francis Grimal and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.


Adopting an interdisciplinary approach and drawing on the works of strategic literature and international relations theory, this book examines the theoretical nature behind a threat of force in order to inform and explain why and how the normative structure operates in the way it does. The core of the book addresses whether Article 2(4) is adequately suited to the current international climate and, if not, whether an alternative means of rethinking Article 2(4) would provide a better solution.



Nuclear Non Proliferation In International Law Volume I


Nuclear Non Proliferation In International Law Volume I
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Author : Jonathan L. Black-Branch
language : en
Publisher: Springer
Release Date : 2014-07-22

Nuclear Non Proliferation In International Law Volume I written by Jonathan L. Black-Branch and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-22 with Law categories.


The volume discusses the legal interpretation and implementation of the three pillars of the Treaty of the Non-Proliferation of Nuclear Weapons, 1968, regarding the non-proliferation of nuclear weapons; the right to develop research, production and use of nuclear energy for peaceful purposes; and issues relating to nuclear disarmament. It examines the status of international law regarding nuclear capacity, considering competing legal approaches to the development of nuclear technology, non-proliferation, disarmament and regulating nuclear weapons within a contemporary international context.



The Nuclear Ban Treaty


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.