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Interpreting the Nuclear Non-Proliferation Treaty

Interpreting the Nuclear Non-Proliferation Treaty
Author: Daniel Joyner
Publisher: Oxford University Press
Total Pages: 199
Release: 2011-05-26
Genre: History
ISBN: 0199227357

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The 1968 Nuclear Non-Proliferation Treaty is one of the most controversial instruments in international law. This text argues that countries with nuclear weapons misrepresent the Treaty to prevent other states from developing peaceful nuclear energy, holding back nuclear disarmament in the process.


Interpreting the Nuclear Non-Proliferation Treaty

Interpreting the Nuclear Non-Proliferation Treaty
Author: Daniel H. Joyner
Publisher: OUP Oxford
Total Pages: 200
Release: 2012-12-13
Genre: Law
ISBN: 0191648787

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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.


Reviewing the Nuclear Nonproliferation Treaty (NPT)

Reviewing the Nuclear Nonproliferation Treaty (NPT)
Author: Henry D. Sokolski
Publisher: Department of the Army
Total Pages: 460
Release: 2010
Genre: History
ISBN:

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As currently interpreted, it is difficult to see why the Nuclear Nonproliferation Treaty (NPT) warrants much support as a nonproliferation convention. Most foreign ministries, including that of Iran and the United States, insist that Article IV of the NPT recognizes the "inalienable right" of all states to develop "peaceful nuclear energy." This includes money-losing activities, such as nuclear fuel reprocessing, which can bring countries to the very brink of acquiring nuclear weapons. If the NPT is intended to ensure that states share peaceful "benefits" of nuclear energy and to prevent the spread of nuclear bomb making technologies, it is difficult to see how it can accomplish either if the interpretation identified above is correct. Some argue, however, that the NPT clearly proscribes proliferation by requiring international nuclear safeguards against military diversions of fissile material. Unfortunately, these procedures, which are required of all non-nuclear weapons state members of the NPT under Article III, are rickety at best. Each chapter of this book is dedicated to clarifying the NPT's key ambiguities, and the chapters are roughly structured to trace the NPT's text, article by article. The analysis set forth here was mostly written or commissioned by the Nonproliferation Policy Education Center. Much more, of course, could have been included in this book. But rather than seeking to be comprehensive, the aim throughout is to provide a guide for both policymakers and security analysts. This guide should assist in navigating the most important debates over how best to read and implement the NPT and, in the process, spotlighting alternative views of the NPT that are sound and supportable. Related products: Treaties in Force: A List of Treaties and Other International Agreements of the United States in Force on January 1, 2016 can be found here: https: //bookstore.gpo.gov/products/sku/044-000-02684-8 The Warsaw Pact, Treaty of Friendship, Cooperation and Mutual Assistance: Soviet-East European Military Relations in Historical Perspective: Sources and Reassessments can be found here: https: //bookstore.gpo.gov/products/sku/041-015-00306-2 Moving Beyond Pretense: Nuclear Power and Nonproliferation can be found here: https: //bookstore.gpo.gov/products/sku/008-000-01098-6


The Nuclear Nonproliferation Treaty

The Nuclear Nonproliferation Treaty
Author: Kelsey Davenport
Publisher: Morgan & Claypool Publishers
Total Pages: 131
Release: 2019-07-10
Genre: Science
ISBN: 1681749254

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The Treaty on the Nonproliferation of Nuclear Weapons (NPT), is the cornerstone of non-proliferation and disarmament efforts. Yet its negotiation and success were not inevitable. This book aims to address the developments that led to the negotiation of the treaty, examine its implementation, and address challenges that the NPT faces going forward.


Nuclear Non-Proliferation in International Law - Volume III

Nuclear Non-Proliferation in International Law - Volume III
Author: Jonathan L. Black-Branch
Publisher: Springer
Total Pages: 556
Release: 2016-11-14
Genre: Law
ISBN: 9462651388

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This third volume of the book series on Nuclear Non-Proliferation in International Law focuses on the development and use of nuclear energy for peaceful purposes within a contemporary global context, an interdependent characteristic of the Non-Proliferation Treaty along with disarmament and non-proliferation. The scholarly contributions in this volume explore this interrelationship, considering the role of nation States as well as international organizations such as the International Atomic Energy Agency (IAEA) in monitoring and implementing the Treaty. The 2015 Nuclear Accord with Iran and its implementation is also discussed, highlighting relevant developments in this evolving area. Overall, the volume explores relevant issues, ultimately presenting a number of suggestions for international cooperation in this sensitive field where political discussion often dominates over legal analysis. The important tasks of limiting the proliferation of nuclear weapons, ensuring the safety and security of peaceful uses of nuclear energy, and achieving nuclear disarmament under strict and effective international control, calls for the interpretation and application of international legal principles and rules in their relevant context, a task that this book series endeavours to facilitate whilst presenting new information and evaluating current developments in this area of international law. Jonathan L. Black-Branch is Dean of Law and Professor of International and Comparative Law at Robson Hall, Faculty of Law, University of Manitoba; a Barrister at One Garden Court, London; a Magistrate in Oxfordshire; a Justice of the Peace for England & Wales; a Member of Wolfson College, University of Oxford; and Chair of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law. 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); and Rapporteur of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law.


International Law and the Proliferation of Weapons of Mass Destruction

International Law and the Proliferation of Weapons of Mass Destruction
Author: Daniel Joyner
Publisher: Oxford Monographs in Internati
Total Pages: 403
Release: 2009
Genre: Law
ISBN: 019920490X

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This text analyses the international law and international organisations that have been constructed to regulate the worldwide proliferation of weapons technologies, particularly those that have been classified as weapons of mass destruction such as nuclear, chemical and biological weapons.


Nuclear Non-Proliferation in International Law

Nuclear Non-Proliferation in International Law
Author: Jonathan L. Black-Branch
Publisher: Springer
Total Pages: 415
Release: 2015-09-24
Genre: Law
ISBN: 9462650756

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This second Volume in the book Series on Nuclear Non-Proliferation in International Law discusses the legal interpretation and implementation of verification and compliance with the Treaty of the Non-Proliferation of Nuclear Weapons, 1968; the Comprehensive Nuclear Test-Ban Treaty, 1996; and the Treaty establishing the European Atomic Energy Community (EURATOM), 1957. It specifically examines the question, contested in recent academic writings, whether the International Atomic Energy Agency (IAEA) is competent to verify not only the correctness, but also the completeness of national declarations. Topical legal issues of verification and its technical and political limits as well as peaceful settlement of disputes and countermeasures are discussed in-depth. 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 a further constructive discourse on the topic at both national and international levels. A Third Volume, to be published in Autumn 2016, will focus on legal issues of safety and security of the use of nuclear energy for peaceful purposes. Jonathan L. Black-Branch is Professor of International Law, Royal Holloway University of London; a Member of Wolfson College, Oxford; Chairman of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation and Contemporary International Law. 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); Honorary President, International Society for Military Law and the Law of War; Rapporteur of the ILA Committee on Nuclear Weapons, Non-Prolife ration and Contemporary International Law.


The Treaty on the Prohibition of Nuclear Weapons

The Treaty on the Prohibition of Nuclear Weapons
Author: Stuart Casey-Maslen
Publisher: Oxford University Press
Total Pages: 304
Release: 2019-01-31
Genre: Law
ISBN: 0192566024

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This Commentary offers detailed background and analysis of the Treaty on the Prohibition of Nuclear Weapons, which was adopted at the UN Headquarters in New York in July 2017. The Treaty comprehensively prohibits the use, development, export, and possession of nuclear weapons. Stuart Casey-Maslen, a leading expert in the field who served as legal adviser to the Austrian Delegation during the negotiations of this Treaty, works through article by article, describing how each provision was negotiated and what it implies for states that join the Treaty. As the Treaty provisions cut across various branches of international law, the Commentary goes beyond a discussion of disarmament to consider the law of armed conflict, human rights, and the law on inter-state use of force. The Commentary examines the relationship with other treaties addressing nuclear weapons, in particular the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). Background on the development and possession of nuclear weapons and theories of nuclear deterrence is provided. Particular attention is paid to controversial issues such as assistance for prohibited activities, the meaning of 'threaten to use', and the definition of nuclear explosive devices. Casey-Maslen also considers whether a member of NATO or other nuclear alliance can lawfully become a state party to the Treaty.


Nuclear Weapons under International Law

Nuclear Weapons under International Law
Author: Gro Nystuen
Publisher: Cambridge University Press
Total Pages: 804
Release: 2014-08-28
Genre: Law
ISBN: 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.


Nuclear Non-Proliferation

Nuclear Non-Proliferation
Author: Michael P. Fry
Publisher: Springer Science & Business Media
Total Pages: 217
Release: 2012-12-06
Genre: Science
ISBN: 3642751059

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This volume appears at a time when the prospects for banishing the threat of nuclear annihilation are brighter than at any time since the first atomic device exploded over the desert at Alamogordo. The last few years have seen an ex traordinary change in the climate of East-West relations. The programme of political and economic reform which President Gorbachev initiated in the Soviet Union and which is now spreading throughout most of Eastern Europe has been parallelled by serious efforts to reach agreement on measures for conventional and nuclear disarmament. This has led to new hope that international peace and security can at last be built upon the firm foundation of justice, respect for in ternational law and a determination to approach problems in a spirit of genuine co-operation rather than one of distrust and confrontation. This new climate encourages us in the belief that the obvious common sense of preventing the further spread of nuclear weapons will come to be shared by all nations. At the same time, we have to recognize two very disturbing facts, which imply that there can be no slackening of our efforts to strengthen the non-proliferation regime.