This volume features a selection of the best scholarship on international law as it is relevant to the proliferation of weapons of mass destruction. The essays consider the nonproliferation legal regime as a normative system and offer a more discrete consideration of international law in each weapons of mass destruction technology area. The role, authority and track record of the UN Security Council in this area are also evaluated.
Nuclear proliferation poses a serious threat to international peace and security. The non-proliferation regime is the body of public international law that aims to counter this threat. It has been a cornerstone of global security for decades. This book analyses its main instruments. The book focuses on the Nuclear Non-proliferation Treaty, international trade controls and the International Atomic Energy Agency. It describes the internal mechanics of these mechanisms, their development, and their strengths and weaknesses. It shows how they together are the basis of a political-legal order that is more than the sum of its parts, offering new insights on the role of international law in an area dominated by security-driven politics.
Making a timely contribution to the legal literature, this important book discusses an under-analysed issue of great importance to international peace and security. It provides a comprehensive overview and analysis of the prevention of nuclear terrorism specifically through an international (arms control) law lens.
Arms control and disarmament are key elements in promoting international peace and security. In recent decades the scope of disarmament law has broadened from a traditional focus on weapons of mass destruction to encompass conventional weapons. In this new volume in the Elements series, Stuart Casey-Maslen provides a concise and objective appraisal of international arms control and disarmament law. In seven concise chapters, he traces the history of arms control and disarmament in the modern era, addressing the issues surrounding biological and chemical weapons, the Non-Proliferation of Nuclear Weapons, and conventional weapon and arms transfer regimes. He concludes by considering how, in order to remain relevant, disarmament and arms control will need to adapt to rapidly evolving technologies that defy traditional means of verification and control. Arms Control and Disarmament Law is an accessible, go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students.
This Research Handbook provides a broad yet detailed treatment of international arms control law. It takes stock of existing arms control agreements, addresses current challenges and aims to indicate avenues for the future development of this distinct branch of public international law.
This book is about the role of international law in the arms control process. It discusses the law of arms control as a special branch of international law and covers the following topics: the place of the law of arms control in the system of international law and politics, special characteristics of arms control law, the international legal framework of supervision in the law of arms control, general features of supervisory mechanisms in all multilateral arms control treaties currently in force, case studies on the CWC, IAEA safeguards system and CTBT, and enforcement of the law of arms control. As such, this study provides a comprehensive theory and model for the analysis of supervisory mechanisms in arms control treaties and offers an in-depth overview of the law of arms control as it stands in the post Cold War situation. The book will be of interest to international lawyers as well as political scientists and policy-makers.
The entry into force in 1997 of the Chemical Weapons Convention (CWC) symbolizes the coming of age of the law of arms control as a separate area of international law. It is not only the first treaty whereby a whole category of weapons of mass destruction, viz. chemical weapons, is completely banned, but it also puts into place a comprehensive compliance control system. For this purpose a specialized international organisation has been created with as its sole purpose the supervision of the commitments under this arms control treaty: the Organisation for the Prohibition of Chemical Weapons (OPCW) based in The Hague. Supervision under this Convention is an example of compliance management, which is cooperative rather than adversarial in character, in spite of the elaborate and intrusive inspection regime concerning not only the military component but also the civilian chemical industries worldwide. Thereby not only States Parties' military security concerns are taken care of, but also the concerns of the chemical industries with regard to the protection of confidential business information. In general, this volume aims to provide a better understanding of some of the special characteristics of arms control law. One part of this volume highlights the unique characteristics of the compliance control model by providing a detailed analysis of the CWC, the OPCW and of the specific supervisory functions. The obligations of the signatories to the CWC are discussed in the other part. Although an important topic of general international law, clarity as to the obligations of Signatory States appears to be of special importance in the case of arms control treaties, for, given their securityinterests, it is crucial for States that at a minimum a "status quo" between all the signatories is maintained. The main contributions are complemented by shorter comments on various aspects of the topics dealt with. The articles are all written by specialists in the field - academic and practitioners- making this book a valuable source for academics, diplomats, (international) civil servants, and practitioners involved in the work of the OPCW, arms control (law) or general international law.
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.
Russia’s annexation of Crimea and involvement in the conflict in eastern Ukraine has in many respects set back post-Cold War improved relations between Russia, the United States, and Europe. The continued war in Syria threatens the security and stability of many countries in the Middle East and attacks by ISIS and other terrorist organizations are causing increased fear and instability in Iraq and in neighbouring countries. In many areas negotiations on disarmament and arms control are at a standstill. In Disarmament under International Law, John Kierulf examines and discusses how disarmament, arms control, and non-proliferation of both conventional weapons and weapons of mass destruction are regulated in existing treaties and conventions. From his perspective as a former disarmament negotiator, Kierulf explains the United Nations’ disarmament machinery and procedures, and describes the UN’s essential role in promoting disarmament. Underlining the continued and serious threat posed by nuclear weapons, Kierulf appeals for increased and effective international efforts to reduce their number and ultimately eliminate them. Presenting information and analysis on a comprehensive range of issues, Disarmament under International Law is an essential guide for anyone interested in gaining knowledge about the current state of international security.
