The Legality of Threat Or Use of Nuclear Weapons

The Legality of Threat Or Use of Nuclear Weapons

Author: John Burroughs

Publisher: LIT Verlag Münster

Published: 1998

Total Pages: 192

ISBN-13: 9783825835163

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" ""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. "


Book Synopsis The Legality of Threat Or Use of Nuclear Weapons by : John Burroughs

Download or read book The Legality of Threat Or Use of Nuclear Weapons written by John Burroughs and published by LIT Verlag Münster. This book was released on 1998 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: " ""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

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.


Book Synopsis Nuclear Weapons under International Law by : Gro Nystuen

Download or read book Nuclear Weapons under International Law written by Gro Nystuen and published by Cambridge University Press. This book was released on 2014-08-28 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author: William H. Boothby

Publisher: Cambridge University Press

Published: 2022-01-20

Total Pages: 245

ISBN-13: 1009059637

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This book examines the law relating to the possession, threat or use of nuclear weapons. By addressing in logical sequence the law regarding sovereignty, the threat or use of force, the conduct of nuclear hostilities, neutrality, weapons law and war crimes, the book illustrates the topics that an effective national command, control and communications system for nuclear weapons must address. Guidance is given on intractable issues, such as the responsibilities of remote submarine commanders. The continuing relevance of the ICJ's Nuclear Advisory Opinion is assessed, and the prospects for the Treaty on the Prohibition of Nuclear Weapons are discussed. The book has been written in an accessible style so that it will be equally useful to lawyers and practitioners, including relevant commanders, politicians, policy staffs and academics. The objective is to state the law accurately and to explain its implications and provide practical guidance in this most sensitive area. This book is also available as open access.


Book Synopsis Nuclear Weapons Law by : William H. Boothby

Download or read book Nuclear Weapons Law written by William H. Boothby and published by Cambridge University Press. This book was released on 2022-01-20 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the law relating to the possession, threat or use of nuclear weapons. By addressing in logical sequence the law regarding sovereignty, the threat or use of force, the conduct of nuclear hostilities, neutrality, weapons law and war crimes, the book illustrates the topics that an effective national command, control and communications system for nuclear weapons must address. Guidance is given on intractable issues, such as the responsibilities of remote submarine commanders. The continuing relevance of the ICJ's Nuclear Advisory Opinion is assessed, and the prospects for the Treaty on the Prohibition of Nuclear Weapons are discussed. The book has been written in an accessible style so that it will be equally useful to lawyers and practitioners, including relevant commanders, politicians, policy staffs and academics. The objective is to state the law accurately and to explain its implications and provide practical guidance in this most sensitive area. This book is also available as open access.


Legality of the Threat Or Use of Nuclear Weapons

Legality of the Threat Or Use of Nuclear Weapons

Author: International Court of Justice

Publisher:

Published: 2022-03-23

Total Pages: 0

ISBN-13: 9789210038454

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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.


Book Synopsis Legality of the Threat Or Use of Nuclear Weapons by : International Court of Justice

Download or read book Legality of the Threat Or Use of Nuclear Weapons written by International Court of Justice and published by . This book was released on 2022-03-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


The Future of U.S. Nuclear Weapons Policy

The Future of U.S. Nuclear Weapons Policy

Author: Committee on International Security and Arms Control

Publisher: National Academies Press

Published: 1997-07-01

Total Pages: 119

ISBN-13: 0309518377

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The debate about appropriate purposes and policies for U.S. nuclear weapons has been under way since the beginning of the nuclear age. With the end of the Cold War, the debate has entered a new phase, propelled by the post-Cold War transformations of the international political landscape. This volume--based on an exhaustive reexamination of issues addressed in The Future of the U.S.-Soviet Nuclear Relationship (NRC, 1991)--describes the state to which U.S. and Russian nuclear forces and policies have evolved since the Cold War ended. The book evaluates a regime of progressive constraints for future U.S. nuclear weapons policy that includes further reductions in nuclear forces, changes in nuclear operations to preserve deterrence but enhance operational safety, and measures to help prevent proliferation of nuclear weapons. In addition, it examines the conditions and means by which comprehensive nuclear disarmament could become feasible and desirable.


Book Synopsis The Future of U.S. Nuclear Weapons Policy by : Committee on International Security and Arms Control

Download or read book The Future of U.S. Nuclear Weapons Policy written by Committee on International Security and Arms Control and published by National Academies Press. This book was released on 1997-07-01 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate about appropriate purposes and policies for U.S. nuclear weapons has been under way since the beginning of the nuclear age. With the end of the Cold War, the debate has entered a new phase, propelled by the post-Cold War transformations of the international political landscape. This volume--based on an exhaustive reexamination of issues addressed in The Future of the U.S.-Soviet Nuclear Relationship (NRC, 1991)--describes the state to which U.S. and Russian nuclear forces and policies have evolved since the Cold War ended. The book evaluates a regime of progressive constraints for future U.S. nuclear weapons policy that includes further reductions in nuclear forces, changes in nuclear operations to preserve deterrence but enhance operational safety, and measures to help prevent proliferation of nuclear weapons. In addition, it examines the conditions and means by which comprehensive nuclear disarmament could become feasible and desirable.


The Nuclear Ban Treaty

The Nuclear Ban Treaty

Author: Ramesh Thakur

Publisher: Routledge

Published: 2021-12-21

Total Pages: 254

ISBN-13: 1000516938

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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.


Book Synopsis The Nuclear Ban Treaty by : Ramesh Thakur

Download or read book The Nuclear Ban Treaty written by Ramesh Thakur and published by Routledge. This book was released on 2021-12-21 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, Justice and the Law

Nuclear Weapons, Justice and the Law

Author: Elli Louka

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 449

ISBN-13: 0857931091

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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.


Book Synopsis Nuclear Weapons, Justice and the Law by : Elli Louka

Download or read book Nuclear Weapons, Justice and the Law written by Elli Louka and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Atomic Diplomacy

Atomic Diplomacy

Author: Gar Alperovitz

Publisher:

Published: 1965

Total Pages:

ISBN-13: 9780671061500

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Book Synopsis Atomic Diplomacy by : Gar Alperovitz

Download or read book Atomic Diplomacy written by Gar Alperovitz and published by . This book was released on 1965 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:


Geneva Conventions of August 12, 1949

Geneva Conventions of August 12, 1949

Author:

Publisher:

Published: 1950

Total Pages: 282

ISBN-13:

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Book Synopsis Geneva Conventions of August 12, 1949 by :

Download or read book Geneva Conventions of August 12, 1949 written by and published by . This book was released on 1950 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Nuclear Weapons and International Law

Nuclear Weapons and International Law

Author: Geoffrey Darnton

Publisher:

Published: 2015-08-08

Total Pages: 400

ISBN-13: 9781909231061

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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


Book Synopsis Nuclear Weapons and International Law by : Geoffrey Darnton

Download or read book Nuclear Weapons and International Law written by Geoffrey Darnton and published by . This book was released on 2015-08-08 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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