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This book presents a rounded critique of the conventional wisdom
about the legality of nuclear weapons by experts in international
and constitutional law. Part I addresses the status of nuclear
weapons under international law. Scholars on one side of the
question draw upon treaties and international custom to argue that
most uses of nuclear weapons are illegal and that even mere
possession of such weaponry is legally unjustifiable. Others argue
that law cannot be imposed on the nuclear weapons states without
their consent and that nuclear weapons provide deterrence that
binds the superpowers in a peaceful balance of power. Part I
concludes with a comprehensive bibliography on nuclear weapons and
international law. Part II, the section that focuses on nuclear
weapons and American constitutional law, offers widely divergent
approaches and conclusions. Although there is no explicit
prohibition of such weapons in the United States Constitution,
several contributors suggest that the advent of nuclear weapons has
so changed the milieu in which constitutional institutions operate
that many accepted conclusions must be reexamined. Part III
explores the effects of nuclear weapons on the environment and the
medical consequences of nuclear war.
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