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Non-Proliferation Law as a Special Regime

Non-Proliferation Law as a Special Regime A Contribution to Fragmentation Theory in International Law

Author: Daniel H. Joyner
Publisher: Cambridge University Press
ISBN: 9781107009714
Published In: October 2012
Format: Hardback , 300 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The fragmentation of international law is an undeniable phenomenon and one that has met with increasing academic interest. This fragmentation is the result of the progressive expansion of both international legal activity and the subject-matter of international law. This expansion brings with it the risk of conflicting rules, principles and institutions. Non-Proliferation Law as a Special Regime focuses on weapons of mass destruction and aims to identify whether there are specific rules applying to this field that depart from the general rules of international law and the rules of other special regimes, in particular with regard to the law of treaties and the law of state responsibility. In providing a systematic analysis of a substantive area of international law and applying the theory of fragmentation and special regimes, the book contributes to the ongoing debate concerning one of the most topical issues in international law.

• Analyses controversial aspects of non-proliferation treaties

• Contributes to the ongoing debate on the fragmentation of international law

• Will appeal to scholars of non-proliferation studies and also international relations

List of contributors	vii
List of abbreviations	viii
Introduction Daniel H. Joyner and Marco Roscini	1
I The law of treaties	15
1 Amendment and modification of non-proliferation treaties Malgosia Fitzmaurice and Panos Merkouris	17
2 Provisional application of non-proliferation treaties Andrew Michie	55
3 Interpretation of non-proliferation treaties Nigel D. White	87
4 Violation of non-proliferation treaties and related verification treaties Eric Myjer and Jonathan Herbach	119
5 Withdrawal from non-proliferation treaties Daniel H. Joyner and Marco Roscini	151
II The law of state responsibility	173
6 The ‘injured state’ in the case of breach of a non-proliferation treaty and the legal consequences of such a breach Matthew Happold	175
7 Non-proliferation law and countermeasures Sahib Singh	196
8 State responsibility consequences of termination of or withdrawal from non-proliferation treaties Dieter Fleck	250
Conclusions Daniel H. Joyner and Marco Roscini	270
Index	278

Daniel H. Joyner
University of Alabama

Marco Roscini
University of Westminster School of Law

Advance praise: 'Fragmentation of international law has become a favorite topic in the literature, all too often dealt with in the same worn, tired way … Against this background, it is a true pleasure to follow a group of experts both on non-proliferation law and the relevant international law around the Non-Proliferation Treaty on their analysis of the ways in which this treaty regime is 'special' without, however, essentially detaching itself from the general law in which it remains embedded. The book … sets an admirable example of how the ever-increasing number of specialized treaty regimes ought to be subjected to a profound dialogue between experts in the respective subject areas and international law generalists to the profit of both.' Bruno Simma, University of Michigan Law School and former Judge, International Court of Justice