Author: Daniel H. Joyner
Publisher: Oxford University Press
ISBN: 0191621994
Category : Law
Languages : en
Pages : 199
Book Description
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.
Interpreting the Nuclear Non-Proliferation Treaty
Author: Daniel H. Joyner
Publisher: Oxford University Press
ISBN: 0191621994
Category : Law
Languages : en
Pages : 199
Book Description
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.
Publisher: Oxford University Press
ISBN: 0191621994
Category : Law
Languages : en
Pages : 199
Book Description
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.
The Nuclear Non-proliferation Treaty
Author: Ian Bellany
Publisher: Routledge
ISBN: 1135173257
Category : History
Languages : en
Pages : 150
Book Description
This study looks at the interpretations and effects of the Nuclear Non-Proliferation Treaty and offers readings of its possible future effects.
Publisher: Routledge
ISBN: 1135173257
Category : History
Languages : en
Pages : 150
Book Description
This study looks at the interpretations and effects of the Nuclear Non-Proliferation Treaty and offers readings of its possible future effects.
International Law and the Proliferation of Weapons of Mass Destruction
Author: Daniel H. Joyner
Publisher: Oxford University Press
ISBN: 0191548189
Category : Law
Languages : en
Pages : 402
Book Description
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.
Publisher: Oxford University Press
ISBN: 0191548189
Category : Law
Languages : en
Pages : 402
Book Description
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.
Uranium Enrichment and Nuclear Weapon Proliferation
Author: Allan S. Krass
Publisher: Routledge
ISBN: 100020054X
Category : Political Science
Languages : en
Pages : 325
Book Description
Originally published in 1983, this book presents both the technical and political information necessary to evaluate the emerging threat to world security posed by recent advances in uranium enrichment technology. Uranium enrichment has played a relatively quiet but important role in the history of efforts by a number of nations to acquire nuclear weapons and by a number of others to prevent the proliferation of nuclear weapons. For many years the uranium enrichment industry was dominated by a single method, gaseous diffusion, which was technically complex, extremely capital-intensive, and highly inefficient in its use of energy. As long as this remained true, only the richest and most technically advanced nations could afford to pursue the enrichment route to weapon acquisition. But during the 1970s this situation changed dramatically. Several new and far more accessible enrichment techniques were developed, stimulated largely by the anticipation of a rapidly growing demand for enrichment services by the world-wide nuclear power industry. This proliferation of new techniques, coupled with the subsequent contraction of the commercial market for enriched uranium, has created a situation in which uranium enrichment technology might well become the most important contributor to further nuclear weapon proliferation. Some of the issues addressed in this book are: A technical analysis of the most important enrichment techniques in a form that is relevant to analysis of proliferation risks; A detailed projection of the world demand for uranium enrichment services; A summary and critique of present institutional non-proliferation arrangements in the world enrichment industry, and An identification of the states most likely to pursue the enrichment route to acquisition of nuclear weapons.
Publisher: Routledge
ISBN: 100020054X
Category : Political Science
Languages : en
Pages : 325
Book Description
Originally published in 1983, this book presents both the technical and political information necessary to evaluate the emerging threat to world security posed by recent advances in uranium enrichment technology. Uranium enrichment has played a relatively quiet but important role in the history of efforts by a number of nations to acquire nuclear weapons and by a number of others to prevent the proliferation of nuclear weapons. For many years the uranium enrichment industry was dominated by a single method, gaseous diffusion, which was technically complex, extremely capital-intensive, and highly inefficient in its use of energy. As long as this remained true, only the richest and most technically advanced nations could afford to pursue the enrichment route to weapon acquisition. But during the 1970s this situation changed dramatically. Several new and far more accessible enrichment techniques were developed, stimulated largely by the anticipation of a rapidly growing demand for enrichment services by the world-wide nuclear power industry. This proliferation of new techniques, coupled with the subsequent contraction of the commercial market for enriched uranium, has created a situation in which uranium enrichment technology might well become the most important contributor to further nuclear weapon proliferation. Some of the issues addressed in this book are: A technical analysis of the most important enrichment techniques in a form that is relevant to analysis of proliferation risks; A detailed projection of the world demand for uranium enrichment services; A summary and critique of present institutional non-proliferation arrangements in the world enrichment industry, and An identification of the states most likely to pursue the enrichment route to acquisition of nuclear weapons.
The Nuclear Nonproliferation Treaty
Author: Kelsey Davenport
Publisher: Morgan & Claypool Publishers
ISBN: 1681749254
Category : Science
Languages : en
Pages : 131
Book Description
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.
Publisher: Morgan & Claypool Publishers
ISBN: 1681749254
Category : Science
Languages : en
Pages : 131
Book Description
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.
Legal Resolution of Nuclear Non-Proliferation Disputes
Author: James D. Fry
Publisher: Cambridge University Press
ISBN: 1107658586
Category : Law
Languages : en
Pages : 515
Book Description
How viable is the resolution of nuclear non-proliferation disputes through the International Court of Justice and international arbitration? James Fry examines the compromissory clauses in the IAEA Statute, IAEA Safeguards Agreements and the Convention on the Physical Protection of Nuclear Material that give jurisdiction to these fora and analyses recent jurisprudence to demonstrate how legal resolution can handle such politically sensitive disputes. In sum, legal resolution of nuclear non-proliferation disputes represents an option that States and commentators have all too often ignored. The impartiality and procedural safeguards of legal resolution should make it an acceptable option for target States and the international community, especially vis-à-vis the procedural shortcomings and general heavy-handedness of Security Council involvement under UN Charter Chapter VII.
Publisher: Cambridge University Press
ISBN: 1107658586
Category : Law
Languages : en
Pages : 515
Book Description
How viable is the resolution of nuclear non-proliferation disputes through the International Court of Justice and international arbitration? James Fry examines the compromissory clauses in the IAEA Statute, IAEA Safeguards Agreements and the Convention on the Physical Protection of Nuclear Material that give jurisdiction to these fora and analyses recent jurisprudence to demonstrate how legal resolution can handle such politically sensitive disputes. In sum, legal resolution of nuclear non-proliferation disputes represents an option that States and commentators have all too often ignored. The impartiality and procedural safeguards of legal resolution should make it an acceptable option for target States and the international community, especially vis-à-vis the procedural shortcomings and general heavy-handedness of Security Council involvement under UN Charter Chapter VII.
International Cooperation for Enhancing Nuclear Safety, Security, Safeguards and Non-proliferation
Author: Luciano Maiani
Publisher: Springer Nature
ISBN: 303042913X
Category : Science
Languages : en
Pages : 238
Book Description
This open access book examines key aspects of international cooperation to enhance nuclear safety, security, safeguards, and nonproliferation, thereby assisting in development and maintenance of the verification regime and fostering progress toward a nuclear weapon-free world. Current challenges are discussed and attempts made to identify possible solutions and future improvements, considering scientific developments that have the potential to increase the effectiveness of implementation of international regimes, particularly in critical areas, technology foresight, and the ongoing evaluation of current capabilities.
Publisher: Springer Nature
ISBN: 303042913X
Category : Science
Languages : en
Pages : 238
Book Description
This open access book examines key aspects of international cooperation to enhance nuclear safety, security, safeguards, and nonproliferation, thereby assisting in development and maintenance of the verification regime and fostering progress toward a nuclear weapon-free world. Current challenges are discussed and attempts made to identify possible solutions and future improvements, considering scientific developments that have the potential to increase the effectiveness of implementation of international regimes, particularly in critical areas, technology foresight, and the ongoing evaluation of current capabilities.
Atomic Assistance
Author: Matthew Fuhrmann
Publisher: Cornell University Press
ISBN: 0801465753
Category : History
Languages : en
Pages : 341
Book Description
Nuclear technology is dual use in nature, meaning that it can be used to produce nuclear energy or to build nuclear weapons. Despite security concerns about proliferation, the United States and other nuclear nations have regularly shared with other countries nuclear technology, materials, and knowledge for peaceful purposes. In Atomic Assistance, Matthew Fuhrmann argues that governments use peaceful nuclear assistance as a tool of economic statecraft. Nuclear suppliers hope that they can reap the benefits of foreign aid-improving relationships with their allies, limiting the influence of their adversaries, enhancing their energy security by gaining favorable access to oil supplies-without undermining their security. By providing peaceful nuclear assistance, however, countries inadvertently help spread nuclear weapons. Fuhrmann draws on several cases of "Atoms for Peace," including U.S. civilian nuclear assistance to Iran from 1957 to 1979; Soviet aid to Libya from 1975 to 1986; French, Italian, and Brazilian nuclear exports to Iraq from 1975 to 1981; and U.S. nuclear cooperation with India from 2001 to 2008. He also explores decision making in countries such as Japan, North Korea, Pakistan, South Africa, and Syria to determine why states began (or did not begin) nuclear weapons programs and why some programs succeeded while others failed. Fuhrmann concludes that, on average, countries receiving higher levels of peaceful nuclear assistance are more likely to pursue and acquire the bomb-especially if they experience an international crisis after receiving aid.
Publisher: Cornell University Press
ISBN: 0801465753
Category : History
Languages : en
Pages : 341
Book Description
Nuclear technology is dual use in nature, meaning that it can be used to produce nuclear energy or to build nuclear weapons. Despite security concerns about proliferation, the United States and other nuclear nations have regularly shared with other countries nuclear technology, materials, and knowledge for peaceful purposes. In Atomic Assistance, Matthew Fuhrmann argues that governments use peaceful nuclear assistance as a tool of economic statecraft. Nuclear suppliers hope that they can reap the benefits of foreign aid-improving relationships with their allies, limiting the influence of their adversaries, enhancing their energy security by gaining favorable access to oil supplies-without undermining their security. By providing peaceful nuclear assistance, however, countries inadvertently help spread nuclear weapons. Fuhrmann draws on several cases of "Atoms for Peace," including U.S. civilian nuclear assistance to Iran from 1957 to 1979; Soviet aid to Libya from 1975 to 1986; French, Italian, and Brazilian nuclear exports to Iraq from 1975 to 1981; and U.S. nuclear cooperation with India from 2001 to 2008. He also explores decision making in countries such as Japan, North Korea, Pakistan, South Africa, and Syria to determine why states began (or did not begin) nuclear weapons programs and why some programs succeeded while others failed. Fuhrmann concludes that, on average, countries receiving higher levels of peaceful nuclear assistance are more likely to pursue and acquire the bomb-especially if they experience an international crisis after receiving aid.
Arms Control Law
Author: Daniel H. Joyner
Publisher: Routledge
ISBN: 9780754629535
Category : Arms control
Languages : en
Pages : 0
Book Description
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. The role, authority and track record of the UN Security Council in this area are also evaluated.
Publisher: Routledge
ISBN: 9780754629535
Category : Arms control
Languages : en
Pages : 0
Book Description
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. The role, authority and track record of the UN Security Council in this area are also evaluated.
Once and Future Partners
Author: William C. Potter
Publisher: Routledge
ISBN: 0429626746
Category : Political Science
Languages : en
Pages : 174
Book Description
Despite their Cold War rivalry, the United States and the Soviet Union frequently engaged in joint efforts to prevent the spread of nuclear weapons. Leaders in Washington and Moscow recognized that nuclear proliferation would serve neither country’s interests even when they did not see eye-to-eye in many other areas. They likewise understood why collaboration in mitigating this nuclear danger would serve both their own interests and those of the international community. This volume examines seven little known examples of US-Soviet cooperation for non-proliferation, including preventing South Africa from conducting a nuclear test, developing international safeguards and export control guidelines, and negotiating a draft convention banning radiological weapons. It uses declassified and recently-digitized archival material to explore in-depth the motivations for and modalities for cooperation under often adverse political circumstances. Given the current disintegration of Russian and US relations, including in the nuclear sphere, this history is especially worthy of review. Accordingly, the volume’s final chapter is devoted to discussing how non-proliferation lessons from the past can be applied today in areas most in need of US-Russian cooperation.
Publisher: Routledge
ISBN: 0429626746
Category : Political Science
Languages : en
Pages : 174
Book Description
Despite their Cold War rivalry, the United States and the Soviet Union frequently engaged in joint efforts to prevent the spread of nuclear weapons. Leaders in Washington and Moscow recognized that nuclear proliferation would serve neither country’s interests even when they did not see eye-to-eye in many other areas. They likewise understood why collaboration in mitigating this nuclear danger would serve both their own interests and those of the international community. This volume examines seven little known examples of US-Soviet cooperation for non-proliferation, including preventing South Africa from conducting a nuclear test, developing international safeguards and export control guidelines, and negotiating a draft convention banning radiological weapons. It uses declassified and recently-digitized archival material to explore in-depth the motivations for and modalities for cooperation under often adverse political circumstances. Given the current disintegration of Russian and US relations, including in the nuclear sphere, this history is especially worthy of review. Accordingly, the volume’s final chapter is devoted to discussing how non-proliferation lessons from the past can be applied today in areas most in need of US-Russian cooperation.