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The Treaty on the Prohibition of Nuclear Weapons: A Commentary

The Treaty on the Prohibition of Nuclear Weapons: A Commentary

The Treaty on the Prohibition of Nuclear Weapons: A Commentary

Author: Stuart Casey-Maslen
Publisher: Oxford University Press
ISBN: 9780198830368
Published In: January 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: AU$481.00

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Description
Contents

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This Commentary offers detailed background and analysis of the Treaty on the Prohibion 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.

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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