International Law and the Proliferation of Weapons of Mass Destruction
International Law and the Proliferation of Weapons of Mass Destruction

Author: Daniel H. Joyner

Publisher: Oxford University Press

Published: 2009-03-05

Total Pages: 402

ISBN-13: 0191548189

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Proliferation of WMD technologies is by no means a new concern for the international community. Indeed, since the signing of the Nuclear Non-proliferation Treaty in 1968, tremendous energies have been expended upon diplomatic efforts to create a web of treaties and international organisations regulating the production and stockpiling of WMD sensitive materials within states, as well as their spread through the increasingly globalised channels of international trade to other states and non-state actors. However, the intervention in 2003 by Western powers in Iraq has served as an illustration of the importance of greater understanding of and attention to this area of law, as disagreements over its content and application have once again lead to a potentially destabilising armed intervention by members of the United Nations into the sovereign territory of another member state. Other ongoing disputes between states regarding the character of obligations assumed under non-proliferation treaty instruments, and the effect of international organisations' decisions in this area, form some of the most contentious and potentially destabilising issues of foreign policy concern for many states. This book provides a comprehensive analysis of international law and organisations in the area of WMD proliferation. It will serve both as a reference for understanding the law as it currently exists in its political and economic context, as well as an analysis of areas in which amendments to existing law and organisations are needed.

International Law and the Proliferation of Weapons of Mass Destruction
International Law and the Proliferation of Weapons of Mass Destruction

Author: Daniel Joyner

Publisher:

Published: 2009

Total Pages: 403

ISBN-13: 019920490X

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Proliferation of WMD technologies is by no means a new concern for the international community. Indeed, since the signing of the Nuclear Non-proliferation Treaty in 1968, tremendous energies have been expended upon diplomatic efforts to create a web of treaties and international organisations regulating the production and stockpiling of WMD sensitive materials within states, as well as their spread through the increasingly globalised channels of international trade to other states and non-state actors. However, the intervention in 2003 by Western powers in Iraq has served as an illustration of the importance of greater understanding of and attention to this area of law, as disagreements over its content and application have once again lead to a potentially destabilising armed intervention by members of the United Nations into the sovereign territory of another member state. Other ongoing disputes between states regarding the character of obligations assumed under non-proliferation treaty instruments, and the effect of international organisations' decisions in this area, form some of the most contentious and potentially destabilising issues of foreign policy concern for many states. This book provides a comprehensive analysis of international law and organisations in the area of WMD proliferation. It will serve both as a reference for understanding the law as it currently exists in its political and economic context, as well as an analysis of areas in which amendments to existing law and organisations are needed.

Nuclear Non-Proliferation in International Law - Volume VI
Nuclear Non-Proliferation in International Law - Volume VI

Author: Jonathan L. Black-Branch

Publisher: Springer Nature

Published: 2021-07-26

Total Pages: 521

ISBN-13: 9462654638

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This sixth volume of the book series on Nuclear Non-Proliferation in International Law focuses on current legal challenges regarding nuclear disarmament and security. 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 further constructive discourse at both national and international levels. Jonathan L. Black-Branch is Chair of the ILA Committee on Nuclear Weapons, Non-Proliferation and Contemporary International Law and President and CEO of ISLAND - The Foundation for International Society of Law and Nuclear Disarmament. 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); Rapporteur of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law.

Nuclear Weapons under International Law
Nuclear Weapons under International Law

Author: Gro Nystuen

Publisher: Cambridge University Press

Published: 2014-08-28

Total Pages: 804

ISBN-13: 1139992740

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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.

Non-Proliferation Law as a Special Regime
Non-Proliferation Law as a Special Regime

Author: Daniel H. Joyner

Publisher: Cambridge University Press

Published: 2012-09-20

Total Pages: 303

ISBN-13: 1107009715

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Do WMD non-proliferation treaties comprise a special regime in international law, with rules that differ from general international law?

Disarmament Under International Law
Disarmament Under International Law

Author: John Kierulf

Publisher:

Published: 2017

Total Pages: 0

ISBN-13: 9780773548220

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An introduction to the regulation of both conventional weapons and weapons of mass destruction in international disarmament law.

The Proliferation Security Initiative and United Nations Security Resolution 1540
The Proliferation Security Initiative and United Nations Security Resolution 1540

Author: Scott Shefloe

Publisher:

Published: 2008

Total Pages:

ISBN-13:

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Efforts to combat the proliferation of weapons of mass destruction (WMD) have existed ever since the first WMD were created. In recent years, the proliferation of WMD has been recognized as a threat to international peace and security. The recognition of this threat led to recent efforts by the international community to create two new mechanisms for combating the proliferation of WMD. The new mechanisms are the Proliferation Security Initiative and United Nations Security Council Resolution 1540. These new mechanisms were instituted to fill gaps in the existing nonproliferation regime, though they approach nonproliferation by different methods. One utilizes a small voluntary coalition, while the other imposes mandatory obligations of a universal nature. Both were created through international legal methods, but arguably exist due to novel legal authorities. Their bases in international law will be crucial to their effectiveness in the nonproliferation regime. If they do not adhere to existing international law and comport with the existing nonproliferation regime, then their success in combating WMD proliferation will be limited. This thesis provides background on the nonproliferation regime and these two recent mechanisms and then analyzes their adherence to international law. I then argue that in order for a WMD non-proliferation instrument to be successful, it must comport with international law. In this respect, Resolution 1540 may be superior to The Proliferation Security Initiative.

Interpreting the Nuclear Non-Proliferation Treaty
Interpreting the Nuclear Non-Proliferation Treaty

Author: Daniel H. Joyner

Publisher: Oxford University Press

Published: 2011-05-26

Total Pages: 200

ISBN-13: 0191621994

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The 1968 Nuclear Non-proliferation Treaty has proven the most complicated and controversial of all arms control treaties, both in principle and in practice. Statements of nuclear-weapon States from the Cold War to the present, led by the United States, show a disproportionate prioritization of the non-proliferation pillar of the Treaty, and an unwarranted underprioritization of the civilian energy development and disarmament pillars of the treaty. This book argues that the way in which nuclear-weapon States have interpreted the Treaty has laid the legal foundation for a number of policies related to trade in civilian nuclear energy technologies and nuclear weapons disarmament. These policies circumscribe the rights of non-nuclear-weapon States under Article IV of the Treaty by imposing conditions on the supply of civilian nuclear technologies. They also provide for the renewal and maintaintenance, and in some cases further development of the nuclear weapons arsenals of nuclear-weapon States. The book provides a legal analysis of this trend in treaty interpretation by nuclear-weapon States and the policies for which it has provided legal justification. It argues, through a close and systematic examination of the Treaty by reference to the rules of treaty interpretation found in the 1969 Vienna Convention on the Law of Treaties, that this disproportionate prioritization of the non-proliferation pillar of the Treaty leads to erroneous legal interpretations in light of the original balance of principles underlying the Treaty, prejudicing the legitimate legal interests of non-nuclear-weapon States.

A Guide to International Disarmament Law
A Guide to International Disarmament Law

Author: Stuart Casey-Maslen

Publisher: Routledge

Published: 2019-05-24

Total Pages: 287

ISBN-13: 1351108093

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Disarmament is integral to the safeguarding and promotion of security, development, and human rights. Hundreds of millions of dollars are spent each year on disarmament operations, yet no comprehensive guide exists to explain clearly the international rules governing disarmament. This book seeks to fill that gap. It describes the international legal rules that govern disarmament and the operational, political, and technical considerations that govern their implementation. This book aims to support compliance, implementation, and further development of international disarmament law. Traditionally, disarmament focused on weapons of mass destruction. This remains a critically important area of work. In recent decades, the scope of disarmament has broadened to encompass also conventional weapons, including through the adoption of rules and regulations to govern arms transfers and measures to eliminate specific munitions from stockpiles and to destroy explosive remnants of war. There have also been four "generations" of programmes to address small arms and light weapons at national or sub-national level through disarmament, demobilisation, and reintegration (DDR) programmes during and following the end of armed conflict. While an internationally accepted definition of disarmament does not yet exist, it is widely agreed that disarmament encompasses or interrelates with prohibitions and restrictions on the development, production, stockpiling, testing, and transfer of weapons and on their destruction. In addition to clarifying these elements, chapters of this guide will also consider the relationship between disarmament and the law of armed conflict, and with the United Nations Security Council, human security, public health, and non-state actors.