The Treaty on the Prohibition of Nuclear Weapons
A Commentary
Series: Oxford Commentaries on International Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 5 February 2019
- ISBN 9780198830368
- Binding Hardback
- No. of pages304 pages
- Size 249x180x23 mm
- Weight 690 g
- Language English 10
Categories
Short description:
This book provides a detailed legal commentary of the Articles of the Treaty on the Prohibition of Nuclear Weapons, which was passed in July 2017. Laying out its scope and the obligations of signatory states, this commentary clarifies the regulations overseeing the complex relationships between signatory states and nuclear weapon states.
MoreLong description:
This Commentary offers detailed background and analysis of the Treaty on the Prohibition of Nuclear Weapons, which was adopted at the UN Headquarters in New York in July 2017. The Treaty comprehensively prohibits the use, development, export, and possession of nuclear weapons.
Stuart Casey-Maslen, a leading expert in the field who served as legal adviser to the Austrian Delegation during the negotiations of this Treaty, works through article by article, describing how each provision was negotiated and what it implies for states that join the Treaty. As the Treaty provisions cut across various branches of international law, the Commentary goes beyond a discussion of disarmament to consider the law of armed conflict, human rights, and the law on inter-state use of force. The Commentary examines the relationship with other treaties addressing nuclear weapons, in particular the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). Background on the development and possession of nuclear weapons and theories of nuclear deterrence is provided. Particular attention is paid to controversial issues such as assistance for prohibited activities, the meaning of 'threaten to use', and the definition of nuclear explosive devices. Casey-Maslen also considers whether a member of NATO or other nuclear alliance can lawfully become a state party to the Treaty.
Table of Contents:
Introduction
The Development of Nuclear Weapons
The Use of Nuclear Weapons
Post-Second World War Nuclear Weapons Development
The International Legal Regime
The Humanitarian Initiative
The Negotiation of the 2017 Treaty
Commentary
The Title of the Treaty
The Preamble
The Articles of the Treaty
The Adoption of the Treaty
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