Jean-Marie COLLIN
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.
TABLE OF CONTENTS
Introduction
Part I. Nuclear Weapons and Jus Ad Bellum Gro
Nystuen and Stuart Casey-Maslen:
1. Using
force by means of nuclear weapons and requirements of necessity and
proportionality ad bellum, Nobuo Hayashi
2. Legality
under jus ad bellum of the threat of use of nuclear weapons, Nobuo Hayashi
3. Nuclear
weapons and the separation of jus ad bellum and jus in bello, Jasmine Moussa
Part II. Nuclear Weapons and International
Humanitarian Law:
4. The use
of nuclear weapons under rules governing the conduct of hostilities, Stuart
Casey-Maslen
5. Nuclear
weapons and the unnecessary suffering rule, Simon O'Connor
6. Threats
of use of nuclear weapons and international humanitarian law, Gro Nystuen
7. The use
of nuclear weapons as a reprisal under international humanitarian law, Stuart
Casey-Maslen
Part III. International Criminal Law:
8. Use of
nuclear weapons as genocide, a crime against humanity, or a war crime, Stuart
Casey-Maslen
9. Use of
nuclear weapons as an international crime and the Rome Statute of the
International Criminal Court, Annie Golden Bersagel
Part IV.
International Environmental Law:
10. Use of
nuclear weapons and protection of the environment during international armed
conflict, Erik V. Koppe
11.
Environmental approaches to nuclear weapons, Martina Kunz and Jorge E. Viñuales
12. The
testing of nuclear weapons under international law, Don MacKay
Part V. International Disarmament Law:
13.
International law, nuclear weapon-free zones, and the proposed zone free of
weapons of mass destruction in the Middle East, Marco Roscini
14. Nuclear
weapon-free zones: the political context, Cecilie Hellestveit and Daniel
Mekonnen
15. The
Nuclear Non-Proliferation Treaty, Gro Nystuen and Torbjørn Graff Hugo
16. The
legal meaning and implications of Article VI of the Non-Proliferation Treaty, Daniel H. Joyner
17. Armed
non-state actors and 'nuclear terrorism', Stuart Casey-Maslen
Part VI. International Human Rights Law:
18. Human
rights law and nuclear weapons, Louise Doswald-Beck
19. The
right to a remedy and reparation for the use of nuclear weapons, Stuart
Casey-Maslen
Part VII. The Legality of Nuclear Weapons under
International Law:
20.
Conclusions on the status of nuclear weapons under international law, Gro
Nystuen .
Gro NYSTUEN, Stuart CASEY-MASLEN,
Annie GOLDEN BERSAGEL (eds.), Nuclear Weapons under International Law,
Cambridge, Cambridge University Press, 2014 (520 pp.)
Editors
Gro Nystuen, International Law and Policy Institute, Oslo
Gro Nystuen is a Senior Partner at the
International Law and Policy Institute in Oslo where she works on public
international law issues, including the ILPI Nuclear Weapons Project,
humanitarian law, law of armed conflict and disarmament. She is also the
Director of the ILPI Centre for International Humanitarian Law.
Stuart Casey-Maslen, Geneva Academy of International Humanitarian
Law and Human Rights
Stuart Casey-Maslen is Head of Research at the
Geneva Academy of International Humanitarian Law and Human Rights. He is an
international human rights and humanitarian lawyer specialising in weapons law
and the international law of law enforcement.
Annie Golden Bersagel, International Law and Policy
Institute, Oslo
Annie Golden Bersagel is a legal advisor at the
International Law and Policy Institute, where she works on a broad range of
international law issues, including human rights and corporate complicity, the
laws of armed conflict, international economic transparency, and treaty law.
Contributors
Gro Nystuen, Stuart Casey-Maslen, Nobuo
Hayashi, Jasmine Moussa, Simon O'Connor, Annie Golden Bersagel, Erik V. Koppe,
Martina Kunz, Jorge E. Viñuales, Don MacKay, Cecilie Hellestveit, Daniel
Mekonnen, Torbjørn Graff Hugo, Daniel H. Joyner, Louise Doswald-Beck
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