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Interpreting the Nuclear Non-Proliferation Treaty

Author : Daniel H. Joyner
Publisher : Oxford University Press
Page : 200 pages
File Size : 14,81 MB
Release : 2011-05-26
Category : Law
ISBN : 0191621994

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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.

Negotiating the Nuclear Non-Proliferation Treaty

Author : Roland Popp
Publisher : Routledge
Page : 396 pages
File Size : 29,72 MB
Release : 2016-10-04
Category : Political Science
ISBN : 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.

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

Author : Tom Coppen
Publisher : BRILL
Page : 385 pages
File Size : 42,30 MB
Release : 2016-12-08
Category : Law
ISBN : 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.

International Law and the Proliferation of Weapons of Mass Destruction

Author : Daniel H. Joyner
Publisher : Oxford University Press
Page : 402 pages
File Size : 37,31 MB
Release : 2009-03-05
Category : Law
ISBN : 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.

Universalizing Nuclear Nonproliferation Norms

Author : Adil Sultan
Publisher : Springer
Page : 158 pages
File Size : 13,44 MB
Release : 2018-11-03
Category : Political Science
ISBN : 3030013340

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This book suggests a new bargain between the NPT nuclear weapon states and the non-NPT nuclear weapons possessor states, mainly India and Pakistan, through a regional arrangement to help move towards universalization of the nuclear nonproliferation regime. The author analyses nuclear proliferation drivers to understand why states acquire and justify possession of nuclear weapons even though most nuclear weapon states no longer are faced with an existential threat to their national security. This study also identifies various challenges being faced by the NPT based nuclear nonproliferation regime, which if left unaddressed, could unravel the nonproliferation regime. It also offers the history of confidence building measures between India and Pakistan, which could be a useful reference for negotiating a Regional Nonproliferation Regime (RNR) in the future.

The Nuclear Non-Proliferation Regime

Author : Raju G.C. Thomas
Publisher : Springer
Page : 374 pages
File Size : 50,19 MB
Release : 2016-07-27
Category : Political Science
ISBN : 1349260533

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Leading international security scholars and policy advisors from universities, think-tanks, and nuclear weapons laboratories in the United States analyze the future of nuclear weapons proliferation. In April 1995, the earlier 1970 Nuclear Non-Proliferation Treaty was renewed indefinitely and without change to the original clauses of the treaty. The authors examine the continuing relevance or irrelevance of the old treaty, the role of coercive sanctions in enforcing restraint, and the impact of biological, chemical and missile proliferation on the nuclear motives and ambitions of various states. Attention is given to proliferation conditions in the former Soviet republics, East and South Asia and the Middle East.

The Challenges of Nuclear Non-Proliferation

Author : Richard Dean Burns
Publisher : Rowman & Littlefield Publishers
Page : 256 pages
File Size : 35,11 MB
Release : 2015-03-12
Category : Political Science
ISBN : 1442223766

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The Challenges of Nuclear Non-Proliferation is an exhaustive survey of the many aspects of non-proliferation efforts. It explains why some nations pursued nuclear programs while others abandoned them, as well as the challenges, strengths, and weaknesses of non-proliferation efforts. It addresses key issues such as concerns over rogue states and stateless rogues, delivery systems made possible by technology, and the connection between nuclear weapons and ballistic missiles, examining whether non-proliferation regimes can deal with these threats or whether economic or military sanctions need to be developed. It also examines the feasibility of eliminating or greatly reducing the number of nuclear weapons. A broad survey of one of today’s great threats to international security, this text provides undergraduates students with the tools needed to evaluate current events and global threats.

Regional Pathways to Nuclear Nonproliferation

Author : Wilfred Wan
Publisher : University of Georgia Press
Page : 207 pages
File Size : 22,35 MB
Release : 2018-06-15
Category : Political Science
ISBN : 0820353299

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The contemporary nuclear landscape is rife with challenges. Stagnated progress in disarmament, widespread modernization plans, and emergent proliferation pathways are contributing to the risk of catastrophe. Meanwhile, global nuclear order appears more precarious than ever. This book makes a case for a regional reorientation of the nuclear nonproliferation regime, arguing that a more specialized, decentralized, and localized arrangement could more effectively address post-Cold War challenges. In the process, it develops a framework to analyze the conditions that would allow for more robust regional nuclear cooperation.?? Regional Pathways to Nuclear Nonproliferation includes a series of case studies, centering on Northeast Asia, Southeast Asia, and the Middle East. It provides a comprehensive overview of existing nuclear cooperation at the regional level, including in the context of nuclear-weapon-free zones. For each case, the book both analyzes the viability of a stronger regional nuclear order and considers the form such an order would likely take. What is the magnitude and character of the nuclear proliferation threat across different regions? What does the presence of institutions in economic, environmental, and human security domains suggest about the likelihood of addressing that threat? A better understanding of broader regional patterns may be the key to explaining the possibility of regional nuclear cooperation. It may also help identify means to effectuate the timing and scale of that cooperation, bolstering regional nuclear orders and, in turn, ensuring the viability of global nuclear order.

Nuclear Non-Proliferation

Author : Michael P. Fry
Publisher : Springer Science & Business Media
Page : 217 pages
File Size : 22,40 MB
Release : 2012-12-06
Category : Science
ISBN : 3642751059

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This volume appears at a time when the prospects for banishing the threat of nuclear annihilation are brighter than at any time since the first atomic device exploded over the desert at Alamogordo. The last few years have seen an ex traordinary change in the climate of East-West relations. The programme of political and economic reform which President Gorbachev initiated in the Soviet Union and which is now spreading throughout most of Eastern Europe has been parallelled by serious efforts to reach agreement on measures for conventional and nuclear disarmament. This has led to new hope that international peace and security can at last be built upon the firm foundation of justice, respect for in ternational law and a determination to approach problems in a spirit of genuine co-operation rather than one of distrust and confrontation. This new climate encourages us in the belief that the obvious common sense of preventing the further spread of nuclear weapons will come to be shared by all nations. At the same time, we have to recognize two very disturbing facts, which imply that there can be no slackening of our efforts to strengthen the non-proliferation regime.

Nuclear Disarmament and Non-Proliferation

Author : Sverre Lodgaard
Publisher : Routledge
Page : 316 pages
File Size : 43,77 MB
Release : 2010-10-18
Category : History
ISBN : 1136906770

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A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. This book examines the current debate on nuclear non-proliferation and disarmament, notably the international non-proliferation regime and how to implement its disarmament provisions. Discussing the requirements of a new international consensus on nuclear disarmament and non-proliferation, this book builds on the three pillars of the nuclear non-proliferation treaty (NPT): non-proliferation, disarmament and peaceful uses of nuclear energy. It reviews the impact of Cold War and post-Cold War policies on current disarmament initiatives and analyses contemporary proliferation problems: how to deal with the states that never joined the NPT (India, Pakistan and Israel); how states that have been moving toward nuclear weapons have been brought back to non-nuclear-weapon status; and, in particular, how to deal with Iran and North Korea. The analysis centres on the relationship between disarmament and non-proliferation in an increasingly multi-centric world involving China and India as well as the US, the European powers and Russia. It concludes with a description and discussion of three different worlds without nuclear weapons and their implications for nuclear disarmament policies. This book will be of great interest to all students of arms control, strategic studies, war and conflict studies, and IR/security studies in general Sverre Lodgaard is a Senior Research Fellow at the Norwegian Institute of International Affairs, Oslo