Nuclear Weapons under International Law

Edited by Professor Gro Nystuen, Stuart Casey-Maslen & Annie Golden Bersagel

2014
ISBN: 978-1107042742

ICLA contribution:  Edited by Stuart Casey-Maslen

About the publication

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.

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Table of contents

List of contributors
Foreword Charles Garraway
Editors' preface
Disclaimer
Introduction Gro Nystuen and Stuart Casey-Maslen

 

  1. Part I. Nuclear Weapons and Jus Ad Bellum:
    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.