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This two-volume book provides a comprehensive analysis of the lawfulness of the use of nuclear weapons, based on existing international law, established facts as to nuclear weapons and their effects, and nuclear weapons policies and plans of the United States. Based on detailed analysis of the facts and law, Professor Moxley shows that the United States'arguments that uses of nuclear weapons, including low-yield nuclear weapons, could be lawful do not withstand analysis. Moxley opens by examining established rules of international law governing the use of nuclear weapons, first analyzing this body of law based on the United States'own statements of the matter and then extending the analysis to include requirements of international law that the United States overlooks in its assessment of the lawfulness of potential nuclear weapons uses. He then develops in detail the known facts as to nuclear weapons and their consequences and U.S. policies and plans concerning such matters. He describes the risks of deterrence and the existential nature of the effects of nuclear war on human life and civilization.He proceeds to pull it all together, applying the law to the facts and demonstrating that known nuclear weapons effects cannot comply with such legal requirements as those of distinction, proportionality, necessity, precaution, the corollary requirement of controllability, and the law of reprisal. Moxley shows that, when the United States goes to apply international law to potential nuclear weapons uses, it distorts the law as it has itself articulated it, overlooks law in such areas as causation, risk analysis, mens rea, and per se rules, and disregards known risks as to nuclear weapons effects, including radioactive fallout, nuclear winter, electromagnetic pulses, and potential escalation. He then shows that the policy of deterrence is unlawful because the use of such weapons would be unlawful.Moxley urges that the United States and other nuclear weapons States take heed of the requirements of international law as to nuclear weapons threat and use. He argues that law can be a positive force in society's addressing existential risks posed by nuclear weapons and the policy of nuclear deterrence.

For a state that has gained a global reputation as a violator of international norms, not least through its unwavering pursuit of nuclear weapons, North Korea's determination to become a nuclear-armed state is puzzling. If nuclear weapons beget security, insecurity, and other costs for the state, how might we understand this pursuit, and the delinquent behaviour that has arisen from it? In North Korea and the Global Nuclear Order, Edward Howell offers an answer to this question, focusing on North Korea's quest for status in the international system and developing the theoretical framework of'strategic delinquency'. Featuring previously unpublished and new interviews with international negotiators with North Korea, and drawing upon new academic literature, Howell proffers an original theoretical framework to apply to the North Korean case. Covering a time period from the 1990s to the present-day, and using unprecedentedly rich empirical evidence, he makes the overarching argument that North Korea has strategically deployed behaviour that breaks international norms in order to reap benefits. In so doing, this book posits how over time, North Korea has learnt that despite the low status and opprobrium that might ensue, bad behaviour can pay.

Lottaz, Iwama, and their contributors investigate the role of neutral and nonaligned European states during the negotiations for the Treaty on the Nonproliferation of Nuclear Weapons (NPT).Focusing on the years from the Irish Resolution of 1958 until the treaty's opening for signatures ten years later, the nine chapters written by area experts highlight the processes and reasons for the political and diplomatic actions the neutrals took, and how those impacted the multilateral treaty negotiations. The book reveals new aspects of the dynamics that lead to this most consequential multilateral breakthrough of the Cold War. In part one, three chapters analyze the international system from a bird's eye perspective, discussing neutrality, nonalignment, and the nuclear order. The second part features six detailed case studies on the politics and diplomacy of Ireland, Sweden, Finland, Switzerland, Austria, and Yugoslavia. Overall, this study suggests that despite the volatile and dangerous nature of the early Cold War, the balance of the strategic environment enabled actors that were not part of one or the other alliance system to play a role in the interlocking global politics that finally created the nuclear regime that defines international relations until today.A valuable resource for scholars of nonproliferation, the Cold War, neutrality, nonalignment, and area studies.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license.

The contributors to this book describe, discuss, and evaluate the normative reframing brought about by the Treaty on the Prohibition of Nuclear Weapons (the Ban Treaty), taking you on a journey through its genesis and negotiation history to the shape of the emerging global nuclear order. Adopted by the United Nations on 7 July 2017, the Ban Treaty came into effect on 22 January 2021. For advocates and supporters, weapons that were always immoral are now also illegal. To critics, it represents a profound threat to the stability of the existing global nuclear order with the Nuclear Non-proliferation Treaty as the normative anchor. As the most significant leap in nuclear disarmament in fifty years and a rare case study of successful state-civil society partnership in multilateral diplomacy, the Ban Treaty challenges the established order. The book's contributors are leading experts on the Ban Treaty, including senior scholars, policymakers and civil society activists. A vital guide to the Ban Treaty for students of nuclear disarmament, arms control and diplomacy as well as for policymakers in those fields.

Le droit international est souvent sollicité pour interdire l'arme nucléaire. Pourtant, celle-ci bénéficie d'une légalité de principe qui structure l'ordre mondial et permet d'en déduire les fondements juridiques de la dissuasion nucléaire. En France, l'arme nucléaire détermine en partie l'appareil d'État en incarnant l'assurance-vie de la Nation en cas de crise grave. Cette dimension existentielle amène à s'interroger sur la pertinence de l'inscrire dans la Constitution. S'il se constate une coutume de l'exécutif, l'arme nucléaire française participe au fonctionnement des pouvoirs publics sans pour autant être une norme. Dépasser cette contrainte nécessiterait de systémiser en droit constitutionnel l'arme nucléaire en revenant à son concept originel de « force de frappe ». Actualisant sa définition juridique, cet ouvrage propose de constitutionnaliser la force de frappe, afin de consacrer la valeur constitutionnelle de l'arme nucléaire au titre de l'indépendance nationale.

Making a timely contribution to the legal literature, this important book discusses an under-analysed issue of great importance to international peace and security. It provides a comprehensive overview and analysis of the prevention of nuclear terrorism specifically through an international (arms control) law lens.Jonathan Herbach sets out a basis for better understanding how the international legal framework for nuclear security is structured and why it is structured that way, and offers a critical analysis of the component instruments that make up the framework. He highlights the strengths and analyzes possible gaps and weaknesses of these instruments and the legal framework as a whole, as well as explaining the framework's key characteristics, approaches and rationale. As nuclear security is by no means a static topic, with changing circumstances a defining feature of the area, the book also offers ideas for the path forward and conceptualizes ways to further strengthen the nuclear security legal framework.Offering a fresh perspective on the prevention of nuclear terrorism, this book will benefit academics and students of public international law, counter-terrorism and conflict and security law. It will also be a useful resource for governmental legal advisors, think-tanks and diplomats to inform their work on means and mechanisms to help strengthen the global nuclear security regime and to provide guidance for decision-making.

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.

Fifty years into the nuclear non-proliferation treaty (NPT) regime, the risks of nuclear war, terrorism, and the threat of further proliferation remain. A lack of significant progress towards disarmament will cast doubt upon the viability of the NPT. By recognizing that certain fissile materials are essential to every nuclear weapon and that controlling their usage provides the foundation for international efforts to limit their spread, this book presents a comprehensive framework for nuclear disarmament.Based upon phased reductions, Shea provides a mechanism for the disposal of weapon-origin fissile material and controls on peaceful nuclear activities and non-explosive military uses. He explores the technological means for monitoring and verification, the legal arrangements required to provide an enduring foundation, and a financial structure which will enable progress. This book will be invaluable to professional organizations, arms control NGOs, government officials, scientists, and politicians. It will also appeal to academics and postgraduate researchers working on security studies, disarmament diplomacy and the politics and science of verification.

Despite clear legal rules and political commitments, no significant progress has been made in nuclear disarmament for two decades. Moreover, not even the use of these weapons has been banned to date. New ideas and strategies are therefore necessary. The author explores an alternative approach to arms control focusing on the human dimension rather than on States'security:'humanization'of arms control! The book explores the preparatory work on arms control treaties and in particular the role of civil society. It analyzes the positive experiences of the movements against chemical weapons, anti-personnel mines, and cluster munitions, as well as the recent conclusion of the Arms Trade Treaty. The author examines the question of whether civil society will be able to replicate the success strategies that have been used, in particular, in the field of anti-personnel mines (Ottawa Convention) and cluster munitions (Oslo Convention) in the nuclear weapons field. Is there any reason why the most destructive weapons should not be outlawed by a legally binding instrument?The book also explains the effects of weapons, especially nuclear weapons, on human beings, the environment, and global development, thereby focusing on vulnerable groups, such as indigenous peoples, women, and children. It takes a broad approach to human rights, including economic, social, and cultural rights. The author concludes that the use of nuclear weapons is illegal under international humanitarian and human rights law and, moreover, constitutes international crimes under the Rome Statute of the International Criminal Court.In his general conclusions, the author makes concrete proposals for the progress toward a world without nuclear weapons.

This volume provides a comprehensive and interdisciplinary examination of the Multilateral Non-Proliferation Export Control system and the national and international context within which it functions. Key features:'

Bringing together the law of armed conflict governing the use of weapons into a single volume, the fully updated Second Edition of Weapons and the Law of Armed Conflict interprets these rules and discusses the factors influencing future developments in weapons law. After relating the historical evolution of weapons law, the book discusses the important customary principles that are the foundation of the subject, and provides a condensed account of the law that exists on the use of weapons. The treaties and customary rules applying to particular categories of weapon are thereafter listed and explained article by article and rule by rule in a series of chapters. Having stated the law as it is, the book then explores the way in which this dynamic field of international law develops in the light of various influences. The legal review of weapons is discussed, both from the perspective of how such reviews should be undertaken and how such a system should be established. Having stated the law as it is, the book then investigates the way in which this dynamic field of international law develops in the light of various influences. In the final chapter, the prospects for future rule change are considered. This Second Edition includes a discussion of new treaty law on expanding bullets, the arms trade, and norms in relation to biological and chemical weapons. It also analyses the International Manuals on air and missile warfare law and on cyber warfare law, the challenges posed by'lethal autonomous weapon systems', and developments in the field of information and telecommunications otherwise known as cyber activities.

This book offers an empirically rich study of Chinese nuclear weapons behaviour and the impact of this behaviour on global nuclear politics since 1949. China's behaviour as a nuclear weapons state is a major determinant of global and regional security. For the United States, there is no other nuclear actor -- with the exception of Russia-- that matters more to its long-term national security. However, China's behaviour and impact on global nuclear politics is a surprisingly under-researched topic. Existing literature tends to focus on narrow policy issues, such as misdemeanours in China's non-proliferation record, the uncertain direction of its military spending, and nuclear force modernization, or enduring opaqueness in its nuclear policy. This book proposes an alternative context to understand both China's past and present nuclear behaviour: its engagement with the process of creating and maintaining global nuclear order. The concept of global nuclear order is an innovative lens through which to consider China as a nuclear weapons state because it draws attention to the inner workings --institutional and normative-- that underpin nuclear politics. It is also a timely subject because global nuclear order is considered by many actors to be under serious strain and in need of reform. Indeed, today the challenges to nuclear order are numerous, from Iranian and North Korean nuclear ambitions to the growing threat of nuclear terrorism. This book considers these challenges from a Chinese perspective, exploring how far Beijing has gone to the aid of nuclear order in addressing these issues.

This book contains an up-to-date analysis on the legal aspects of nuclear non-proliferation and disarmament. It scrutinizes the effectiveness, the limits, the adaptation, and the future challenges of the regime on the control of nuclear weapons, which is still based on the 1968 Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and guaranteed by the International Atomic Energy Agency controls. The book also deals with new challenges to the non-proliferation legal order deriving mainly from: new weapon states • the North Korean withdrawal from the NPT • the Iranian nuclear programs • activities from non-state actors • easier access of states and other entities to sensitive materials • the still remote entry into force of the Comprehensive Test Ban Treaty • the debate on a fissile material cut-off treaty. As nuclear proliferation and disarmament remain among the few issues that can threaten international peace and security, the book's analysis cannot fail to be of interest to academics and practitioners in this field. [Subject: International Law, International Relations, Politics, Security Studies]

The 2013 class of Nuclear Scholars, selected from a very competitive applicant pool, contained some of the best and brightest young professionals in the nuclear field. Drawn from graduate programs, the national labs, the civil service, and the U.S. military, these Nuclear Scholars participated in six monthly workshops that focused on a wide range of nuclear topics. These topics included extended deterrence and assurance, stockpile stewardship, nuclear materials security, Iranian and North Korean proliferation, international nonproliferation norms and treaties, missile defense, and nuclear targeting. The program culminated in a final meeting at which the Nuclear Scholars presented their own research to a panel of senior experts. The papers resulting from these presentations are contained in this year's volume.

The sharing of nuclear weapons technology between states is unexpected, because nuclear weapons are such a powerful instrument in international politics, but sharing is not rare. This book proposes a theory to explain nuclear sharing and surveys its rich history from its beginnings in the Second World War.

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.

There is renewed and deep international concern about the catastrophic humanitarian consequences that would result from the detonation of nuclear weapons in populated areas. Yet 25 years after the end of the Cold War, nuclear weapons and nuclear deterrence remain central to the security doctrines of a significant number of states. Drawing on a range of perspectives, this volume explores what viewing nuclear weapons through a humanitarian lens entails, and why it is of value. Recent developments in this respect are also examined, and what these could mean for nuclear arms control in the near future.

Le commerce des biens et de la technologie nucléaires nécessaires au développement d'un projet industriel pacifique – tel que la construction d'une centrale électro­nucléaire – est intimement lié à l'histoire de cette énergie dont les premières applications importantes furent les deux armes nucléaires utilisées en 1944 contre les villes d'Hiroshima et de Nagasaki. Pour tenter de trouver un juste équilibre entre le développement pacifique de cette source d'énergie et la lutte contre les risques de son détournement à des fins destructrices, différents régimes de contrôle des exportations ont été instaurés au fil du temps tant au niveau international qu'au niveau européen. L'ouvrage retrace, au travers du prisme de l'Union européenne, l'évolution des régimes de contrôle du commerce nucléaire depuis la loi Mac Mahon de 1946 interdisant toute exportation jusqu'à l'adoption par le Conseil de sécurité des Nations unies de la résolution 1540 instaurant les principes essentiels d'un régime national de contrôle des exportations. Il procède à une analyse détaillée des principes internationaux de contrôle du commerce nucléaire tels qu'ils sont mis en œuvre par l'Union européenne et ses États membres au travers de l'articulation imposée par les Traités sur l'Union européenne, sur le fonctionnement de l'Union européenne et celui sur l'établissement de la Communauté européenne de l'énergie atomique (Euratom).