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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: nuclear weapons proliferation;
chemical and biological weapons proliferation; and delivery systems
proliferation. In addition, the essays consider the closely related
questions of the role, authority and track record of the UN
Security Council in monitoring, implementing and enforcing
compliance with these primary sources of nonproliferation law.
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: nuclear weapons proliferation;
chemical and biological weapons proliferation; and delivery systems
proliferation. In addition, the essays consider the closely related
questions of the role, authority and track record of the UN
Security Council in monitoring, implementing and enforcing
compliance with these primary sources of nonproliferation law.
The fragmentation of international law is an undeniable phenomenon
and one that has met with increasing academic interest. This
fragmentation is the result of the progressive expansion of both
international legal activity and the subject-matter of
international law. This expansion brings with it the risk of
conflicting rules, principles and institutions. Non-Proliferation
Law as a Special Regime focuses on weapons of mass destruction and
aims to identify whether there are specific rules applying to this
field that depart from the general rules of international law and
the rules of other special regimes, in particular with regard to
the law of treaties and the law of state responsibility. In
providing a systematic analysis of a substantive area of
international law and applying the theory of fragmentation and
special regimes, the book contributes to the ongoing debate
concerning one of the most topical issues in international law.
This volume provides cutting-edge essays on controlling the spread
of WMDs.The spread of weapons of mass destruction poses one of the
greatest threats to international peace and security in modern
times - the specter of nuclear, chemical, and biological weapons
looms over relations among many countries. The September 11 tragedy
and other terrorist attacks have been painful warnings about gaps
in nonproliferation policies and regimes, specifically with regard
to nonstate actors.In this volume, experts in nonproliferation
studies examine challenges faced by the international community and
propose directions for national and international policy making and
lawmaking. The first group of essays outlines the primary threats
posed by WMD proliferation and terrorism. Essays in the second
section analyze existing treaties and other normative regimes,
including the Nuclear Non-Proliferation Treaty and the Chemical
Weapons and Biological Weapons Conventions, and recommend ways to
address the challenges to their effectiveness. Essays in part three
examine the shift some states have made away from nonproliferation
treaties and regimes toward more forceful and proactive policies of
counterproliferation, such as the Proliferation Security
Initiative, which coordinates efforts to search and seize suspect
shipments of WMD-related materials.Nathan E. Busch and Daniel H.
Joyner have gathered together many leading scholars in the field to
provide their insights on nonproliferation - an issue that has only
grown in importance since the end of the cold war.
This title provides cutting-edge essays on controlling the spread
of WMDs.The spread of weapons of mass destruction poses one of the
greatest threats to international peace and security in modern
times - the specter of nuclear, chemical, and biological weapons
looms over relations among many countries. The September 11 tragedy
and other terrorist attacks have been painful warnings about gaps
in nonproliferation policies and regimes, specifically with regard
to nonstate actors.In this volume, experts in nonproliferation
studies examine challenges faced by the international community and
propose directions for national and international policy making and
lawmaking. The first group of essays outlines the primary threats
posed by WMD proliferation and terrorism. Essays in the second
section analyze existing treaties and other normative regimes,
including the Nuclear Non-Proliferation Treaty and the Chemical
Weapons and Biological Weapons Conventions, and recommend ways to
address the challenges to their effectiveness. Essays in part three
examine the shift some states have made away from nonproliferation
treaties and regimes toward more forceful and proactive policies of
counterproliferation, such as the Proliferation Security
Initiative, which coordinates efforts to search and seize suspect
shipments of WMD-related materials.Nathan E. Busch and Daniel H.
Joyner have gathered together many leading scholars in the field to
provide their insights on nonproliferation - an issue that has only
grown in importance since the end of the cold war.
This book provides an international legal analysis of the most
important questions regarding Iran's nuclear program since 2002.
Setting these legal questions in their historical and diplomatic
context, this book aims to clarify how the relevant sources of
international law - including primarily the 1968 Nuclear
Non-proliferation Treaty and IAEA treaty law - should be properly
applied in the context of the Iran case. It provides an
instructional case study of the application of these sources of
international law, the lessons which can be applied to inform both
the on-going legal and diplomatic dynamics surrounding the Iran
nuclear dispute itself, as well as similar future cases. Some
questions raised regard the watershed diplomatic accord reached
between Iran and Western states in July, 2015, known as the Joint
Comprehensive Program of Action. The answers will be of interests
to diplomats and academics, as well as to anyone who is interested
in understanding international law's application to this sensitive
dispute in international relations.
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 of the Treaty,
prejudicing the legitimate legal interests of non-nuclear-weapon
States.
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