The Legality Of Threat Or Use Of Nuclear Weapons
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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. "
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.
Legality Of The Threat Or Use Of Nuclear Weapons
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Author : International Court of Justice
language : en
Publisher: UN
Release Date : 2022-03-23
Legality Of The Threat Or Use Of Nuclear Weapons written by International Court of Justice and has been published by UN this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-23 with 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.
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
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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
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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
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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.
Geneva Conventions Of August 12 1949
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Author :
language : en
Publisher:
Release Date : 1950
Geneva Conventions Of August 12 1949 written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1950 with Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War categories.
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.
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.