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.
Table of contents
List of contributors
Foreword Charles Garraway
Editors' preface
Disclaimer
Introduction Gro Nystuen and Stuart Casey-Maslen
- 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 - Legality under jus ad bellum of the threat of use of nuclear weapons
Nobuo Hayashi - Nuclear weapons and the separation of jus ad bellum and jus in bello
Jasmine Moussa
Part II. Nuclear Weapons and International Humanitarian Law: - The use of nuclear weapons under rules governing the conduct of hostilities
Stuart Casey-Maslen - Nuclear weapons and the unnecessary suffering rule
Simon O'Connor - Threats of use of nuclear weapons and international humanitarian law
Gro Nystuen - The use of nuclear weapons as a reprisal under international humanitarian law
Stuart Casey-Maslen
Part III. International Criminal Law: - Use of nuclear weapons as genocide, a crime against humanity, or a war crime
Stuart Casey-Maslen - 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: - Use of nuclear weapons and protection of the environment during international armed conflict
Erik V. Koppe - Environmental approaches to nuclear weapons Martina Kunz and
Jorge E. Viñuales - The testing of nuclear weapons under international law
Don MacKay
Part V. International Disarmament Law: - International law, nuclear weapon-free zones, and the proposed zone free of weapons of mass destruction in the Middle East
Marco Roscini - Nuclear weapon-free zones: the political context
Cecilie Hellestveit and Daniel Mekonnen - The Nuclear Non-Proliferation Treaty
Gro Nystuen and Torbjørn Graff Hugo - The legal meaning and implications of Article VI of the Non-Proliferation Treaty
Daniel H. Joyner - Armed non-state actors and 'nuclear terrorism'
Stuart Casey-Maslen
Part VI. International Human Rights Law: - Human rights law and nuclear weapons
Louise Doswald-Beck - 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: - Conclusions on the status of nuclear weapons under international law
Gro Nystuen.