10 septembre 2014

OUVRAGE : G. Nystuen, S. Casey-Maslen, A. Golden Bersagel (eds.), Nuclear Weapons under International Law

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.



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             .

Nuclear Weapons under International Law

Gro NYSTUEN, Stuart CASEY-MASLEN, Annie GOLDEN BERSAGEL (eds.), Nuclear Weapons under International Law, Cambridge, Cambridge University Press, 2014 (520 pp.)


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.


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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