This book provides a uniquely clear and comprehensive statement of the law on nuclear weapons. It draws on the insight and input of a group of 15 experts from around the world and in so doing crafts an authoritative text that sets out not only the positions of a number of states but a carefully articulated guide to this complex area of law.
Building upon the platform of Boothby and Heintschel von Heinegg's earlier work, this book addresses in much greater depth and detail, and with the authority endowed by the team of experts, how international law deals with the possession and use of nuclear weapons, as well as the deterrence policies associated with them. It presents an in-depth exploration of the law, detailing its implications and providing practical guidance on challenging issues. The book examines sovereignty, the threat or use of force, the conduct of nuclear hostilities, neutrality, weapons law, and war crimes, considering the impact of recent events and trends.
Key Features:
Provides a clear and comprehensive statement of the law on nuclear weapons
Discusses implications for nuclear command, control and communication policies
Features systematic coverage of the national doctrines of nuclear weapon States
Sets out 76 customary rules with commentary that articulate the scope of the field
Explains non-proliferation and prohibition treaties and compares their approaches
Documents the conflicting views of nuclear deterrent States and prohibitionist States, as well as the judgement of the International Court of Justice
Reflecting the complexities of nuclear weapons law in an objective and accessible manner, this book is an essential resource for legal practitioners in public international law and terrorism and security law, as well as government and military decision makers, nuclear policymakers, think tanks, and NGOs.
Rezensionen / Stimmen
'Boothby and Heintschel von Heinegg deliver a masterful, nuanced analysis in The Law on Nuclear Weapons. Ranging from the jus ad bellum and LOAC to ICL and disarmament law, this comprehensive work equips policymakers, legal advisers, and academics to navigate the multifaceted legal challenges of nuclear deterrence and operations in the 21st century.' -- Michael Schmitt, United States Military Academy at West Point and US Naval War College, USA and University of Reading School of Law, UK 'The Law on Nuclear Weapons cuts across the spectrum of peace and security offering legal certainty at a critical moment in history. The regional diversity of the pool of experts consulted ensures an in-depth and representative interrogation of the law. In my view this is the most important contemporary contribution on nuclear weapons law owing to the rules-based approach which ensures accessibility and attention given to the position of the global south which is often overlooked.' -- Martha Bradley, University of Johannesburg, South Africa 'This thought-provoking study will not only help to better understand the significance of nuclear command, control and communications arrangements, it could also assist governments in further developing cooperative and effective measures towards a world without nuclear weapons.' -- Dieter Fleck, Honorary President, International Society for Military Law and the Law of War
Reihe
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 244 mm
Breite: 169 mm
ISBN-13
978-1-0353-5767-3 (9781035357673)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Edited by William H. Boothby, Visiting Professor, University of Johannesburg, South Africa and Wolff Heintschel von Heinegg, Chair of Public Law, in particular Public International Law, European Law and Foreign Constitutional Law, Europa-Universitaet Viadrina, Germany and President, International Society for Military Law and the Law of War
Contents
List of experts x
Preface xiv
List of abbreviations xx
Table of cases xxiii
Table of legislation xxiv
1 Introduction to The Law on Nuclear Weapons 1
2 Important legal preliminaries 52
3 Resorting to the use of force in nuclear operations 68
4 International and non-international armed conflicts 109
5 The conduct of nuclear hostilities 118
6 Neutrality 222
7 Weapons law as it applies to nuclear weapons 231
8 Genocide, crimes against humanity and war crimes as they apply to nuclear operations 250
9 Published national doctrines of nuclear weapon States 277
10 The ICJ Advisory Opinion 327
11 Nuclear disarmament and arms control 339
12 Implications of international law for nuclear command, control and communications 362
