Catherine MAIA
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.
TABLE OF CONTENTS
Part I.
Introduction:
1. Foundational
elements of the study
2.
Definitions, delimitations and disclaimers of the study
Part II.
Security Council Involvement with Nuclear Non-Proliferation Disputes under UN
Charter Chapter VII:
3.
Exploring potential problems with Security Council involvement
Part III.
Legal Resolution and Nuclear Non-Proliferation Disputes:
4. The
history of legal resolution with similarly sensitive disputes as nuclear
non-proliferation disputes
5.
Jurisdiction over nuclear non-proliferation disputes
6.
Justiciability of nuclear non-proliferation disputes
Part IV: 7.
Conclusion.
James D. FRY, Legal Resolution of Nuclear Non-Proliferation Disputes, Cambridge, Cambridge University Press, 2013 (514 pp.)
James D.
Fry is Assistant Professor of Law at the University of Hong Kong Faculty of
Law, where he is also Director of the LLM programme and Deputy Director of the
Japan and Korea programme.
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