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Interpreting the Nuclear Non-Proliferation Treaty

Author: Daniel H. Joyner

Publisher: Oxford University Press

Published: 2011-05-26

Total Pages: 200

ISBN-13: 0191621994

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.

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.

The Nuclear Non-proliferation Treaty

Author: Ian Bellany

Publisher: Routledge

Published: 2014-05-01

Total Pages: 150

ISBN-13: 1135173257

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This study looks at the interpretations and effects of the Nuclear Non-Proliferation Treaty and offers readings of its possible future effects.

Nuclear Proliferation and International Security

Author: Sverre Lodgaard

Publisher: Routledge

Published: 2007-06-11

Total Pages: 414

ISBN-13: 1134110006

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The Nuclear Non-Proliferation Treaty has long been key in non-proliferation and disarmament activities. The Treaty is the major international legal obstacle for states seeking nuclear weapon capabilities. In retrospect, and despite setbacks, the overall impact of the Nuclear Non-Proliferation Treaty has been significant and gratifying. Its continued success is by no means guaranteed. As old nuclear dangers persist and new ones evolve, policies to halt nuclear proliferation are more disparate than at any other time. Nuclear weapons remain an essential part of the security policies of leading states and many developmental states maintain strong nuclear weapon ambitions, while terrorists have actively been seeking nuclear capabilities. In search of an overarching strategy that recognizes both the flaws of the existing non-proliferation regime, and the value of some of the corrections proposed by regime critics, this volume assesses contemporary efforts to stem nuclear proliferation. In doing so, Nuclear Proliferation and International Security examines a number of cases with a view to recommending better non-proliferation tools and strategies. The contributors comprise renowned international scholars, who have been selected to obtain the best possible analyses of critically important issues related to international non-proliferation dynamics and the future integrity of the Non-Proliferation Treaty.

The Law of Arms Control and the International Non-proliferation Regime

Author: Tom Coppen

Publisher: BRILL

Published: 2016-12-08

Total Pages: 385

ISBN-13: 9004333355

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Nuclear proliferation poses a serious threat to international peace and security. The non-proliferation regime is the body of public international law that aims to counter this threat. It has been a cornerstone of global security for decades. This book analyses its main instruments. The book focuses on the Nuclear Non-proliferation Treaty, international trade controls and the International Atomic Energy Agency. It describes the internal mechanics of these mechanisms, their development, and their strengths and weaknesses. It shows how they together are the basis of a political-legal order that is more than the sum of its parts, offering new insights on the role of international law in an area dominated by security-driven politics.

Negotiating the Nuclear Non-Proliferation Treaty

Author: Roland Popp

Publisher: Routledge

Published: 2016-10-04

Total Pages: 396

ISBN-13: 1315536552

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This volume offers a critical historical assessment of the negotiation of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and of the origins of the nonproliferation regime. The NPT has been signed by 190 states and was indefinitely extended in 1995, rendering it the most successful arms control treaty in history. Nevertheless, little is known about the motivations and strategic calculi of the various middle and small powers in regard to their ultimate decision to join the treaty despite its discriminatory nature. While the NPT continues to be central to current nonproliferation efforts, its underlying mechanisms remain under-researched. Based on newly declassified archival sources and using previously inaccessible evidence, the contributions in this volume examine the underlying rationales of the specific positions taken by various states during the NPT negotiations. Starting from a critical appraisal of our current knowledge of the genesis of the nonproliferation regime, contributors from diverse national and disciplinary backgrounds focus on both European and non-European states in order to enrich our understanding of how the global nuclear order came into being. This book will be of much interest to students of nuclear proliferation, Cold War history, security studies and IR.

Global Nuclear Order

Author: Sara Z. Kutchesfahani

Publisher: Routledge

Published: 2018-11-07

Total Pages: 194

ISBN-13: 1351999621

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This book examines the importance of global nuclear order, emphasising the importance of perspective in our understanding of it, and its significance in international politics. Addressing a gap in existing literature, this book provides an introduction to nuclear weapon states and their relationship with the global nuclear order/disorder paradigm. It explores four main themes and aims to: 1. conceptualise the dichotomous paradigm of global nuclear order/disorder; 2. outline the different phases of global nuclear order/disorder from 1945 to present; 3. address the Nuclear Non-Proliferation Treaty (NPT) and the wider international nuclear non-proliferation regime; 4. provide an overview of every nuclear weapon state’s national nuclear doctrines throughout the years. The book will be of much interest to students of nuclear proliferation, global governance, security studies, Cold War studies, foreign policy and IR, more generally.

Regional Pathways to Nuclear Nonproliferation

Author: Wilfred Wan

Publisher: University of Georgia Press

Published: 2018-06-15

Total Pages: 208

ISBN-13: 0820353299

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This book makes a case for a reorientation of the nuclear nonproliferation regime, posing an alternative conceptualization of nuclear order centered on the regional level. It draws on an array of theoretical tools from the literatures on regionalism, security governance, and international institutions, developing a framework that analyzes the conditions that would allow for more robust regional nuclear cooperation. These include the presence of (1) institutional architecture, (2) political, economic, and military relations among states, and (3) fundamental regional awareness and identity. Wan then deploys this theoretical approach to several case studies, including Northeast Asia, Southeast Asia, and the Middle East, focusing on two interrelated questions. First, what is the viability of a stronger regional nuclear order in the region? Second, what form would such an order most likely take? In the process, the book identifies the magnitude and character of the proliferation challenge specific to each region. It also considers the existing character of nuclear cooperation at the regional level. Wan presents the historical development of regional nuclear order in Latin America as a model for the rest of the world. In this area, regional institutions—ranging from organizations to dialogues to ad hoc arrangements—gradually became more involved across economic, environmental, and human security domains, providing the foundation for multilateral cooperation in the nuclear arena. As his analysis shows, in light of the contemporary proliferation landscape, the establishment and strengthening of such regional nuclear orders is essential.

Nuclear Non-Proliferation in International Law - Volume V

Author: Jonathan L. Black-Branch

Publisher: Springer Nature

Published: 2020-01-02

Total Pages: 394

ISBN-13: 946265347X

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This fifth volume in the book series on Nuclear Non-Proliferation in International Law focuses on various legal aspects regarding nuclear security and nuclear deterrence. 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 Dean of Law and Professor of International and Comparative Law at the University of Manitoba in Canada; a Bencher of the Law Society of Manitoba; JP and Barrister (England & Wales); Barrister & Solicitor (Manitoba); 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.

Curbing the Spread of Nuclear Weapons

Author: Ian Bellany

Publisher: Manchester University Press

Published: 2013-07-19

Total Pages: 250

ISBN-13: 9781847792068

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Provides a fully detailed but accessible and accurate introduction to the technical aspects of nuclear energy and nuclear weapons Demonstrates that international security is unlikely to benefit from encouraging the spread of nuclear weapons Includes a full discussion of the phenomenon of nuclear-free zones, with particular emphasis on the zone covering Latin America Frankly appraises the International Atomic Energy Agency's safeguards system.