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Frustrated by the abrogation of promises by nuclear weapons states to disarm, countries that have foregone nuclear weapons joined forces with key members of civil society in efforts that culminated in the Treaty on the Prohibition of Nuclear Weapons (TPNW). How did this initiative succeed—in defiance of the major powers—in changing the discourse around nuclear weapons? What roles did the various actors play, and how did the language of the treaty evolve? Answering these questions, Jean Krasno and Elisabeth Szeli provide a deeply researched account of the TPNW campaign, the negotiations, and the ongoing challenges of ratification and implementation.
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This book chronicles the genesis of the negotiations that led to the Treaty on the Prohibition of Nuclear Weapons (TPNW), which challenged the established nuclear order. The work provides readers with an authoritative account of the complex evolution of the 'Humanitarian Initiative' (HI) and the negotiation history of the TPNW. It includes a close analysis of internal strategy documents and communications in the author's possession which trace the tactical and political decisions of a small group of state actors. By demonstrating the unacceptable humanitarian consequences and uncontrollable risks that these weapons pose to everyone's security, the HI convinced many states to ban nuclear weapons and reject the policy of nuclear deterrence as unsustainable and illegitimate. As such, this book is a case-study of multilateral diplomacy and cooperation between state and civil society actors. It also contains a full discussion of both sides of the nuclear argument and assesses the extent to which the HI and the TPNW have moved the dial and present opportunities for transformational change.
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The author investigates the history and politics surrounding the prevention of what could have been the single largest wave of nuclear proliferation when the Soviet collapse led to the emergence of three new nuclear states: Belarus, Kazakhstan, and Ukraine.
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The Treaty on the Prohibition of Nuclear Weapons (2017) sets out to challenge deterrence policies and military defence doctrines, taking a humanitarian approach intended to disrupt the nuclear status quo. States with nuclear weapons oppose its very existence, neither participating in its development nor adopting its final text. Civil society groups seem determined, however, to stigmatize and delegitimize nuclear weapons towards their abolition. This book analyzes how the Treaty influences the international security architecture, examining legal, institutional and diplomatic implications of the Treaty and exploring its real and potential impact for both states acceding to the Treaty and those opposing it. It concludes with practical recommendations for international lawyers and policymakers regarding non-proliferation and disarmament matters, ultimately noting that nuclear weapons threaten peace, and everyone should have the right to nuclear peace and freedom from nuclear fear.
Nuclear disarmament. --- Nuclear arms control. --- Nuclear nonproliferation. --- Treaty on the Prohibition of Nuclear Weapons --- Export of nuclear materials --- Export of nuclear technology --- International control of nuclear energy --- Nonproliferation, Nuclear --- Nuclear energy --- Nuclear exports --- Nuclear proliferation --- Proliferation, Nuclear --- Nuclear arms control --- Nuclear-weapon-free zones --- Nuclear weapons control --- Arms control --- Nuclear weapons --- Atomic bomb and disarmament --- Atomic weapons and disarmament --- Disarmament, Nuclear --- Nuclear weapons disarmament --- Disarmament --- Antinuclear movement --- International control --- TPNW (Treaty on the Prohibition of Nuclear Weapons --- Nuclear Weapons Ban Treaty --- Treaty on the Prohibition of Nuclear Weapons (2017 July 7)
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"As has been established, there is widespread agreement that customary international law consists of two elements: state practice and opinio juris.114 In relation to the crystallization of opinio juris and practice into binding customary law, one must also bear in mind the ICJ's decision regarding states "whose interests" have been "specially affected" as per the North Sea Continental Shelf case.115 In this case, the Court examined the delimitation of the continental shelf areas in the North Sea in relation to Germany and Denmark as well as between Germany and the Netherlands, looking beyond the partial boundaries which had been previously agreed upon by the parties. Specifically, the parties to the dispute requested the Court to issue principles and rules of international law to be applied to the delimitation of the continental shelf delimitation because they disagreed on the applicable principles or rules of delimitation.116 In its decision, the Court listed criteria necessary in 114 "Practice and Customary Law in Military Operations, Including Peace Support Operations" Congress of the International Society for Military Law and the Law of War (2009), available online: http://ismllw.org/congres/General%20Report%20Congress.pdf. 115 North Sea Continental Shelf, Judgment of the ICJ (Germany v Denmark; Germany v Netherlands), ICJ Reports (1969) p 3 at para 74, available online: . 116 Specifically, the case examined "What principles and rules of international law applied to the dispute regarding the delimitation of the continental shelf between the Federal Republic of Germany and Denmark on the one hand, and between the Federal Republic of Germany and the Netherlands on the other, and then how to delimit the area on that basis. Whether the delimitations at issue"--
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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.
Nuclear disarmament --- Nuclear nonproliferation --- Treaty on the Prohibition of Nuclear Weapons --- Export of nuclear materials --- Export of nuclear technology --- International control of nuclear energy --- Nonproliferation, Nuclear --- Nuclear energy --- Nuclear exports --- Nuclear proliferation --- Proliferation, Nuclear --- Nuclear arms control --- Nuclear-weapon-free zones --- Atomic bomb and disarmament --- Atomic weapons and disarmament --- Disarmament, Nuclear --- Nuclear weapons disarmament --- Disarmament --- Antinuclear movement --- Nuclear weapons --- International control --- Nuclear disarmament. --- Nuclear nonproliferation. --- Désarmement nucléaire --- Non-prolifération nucléaire --- Treaties --- Traités --- TPNW (Treaty on the Prohibition of Nuclear Weapons --- Nuclear Weapons Ban Treaty --- Treaties.
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NUCLEAR ARMS CONTROL AND DISARMAMENT --- Frustrated by the abrogation of promises by nuclear weapons states to disarm, countries that have foregone nuclear weapons joined forces with key members of civil society in efforts that culminated in the Treaty on the Prohibition of Nuclear Weapons (TPNW). How did this initiative succeed - in defiance of the major powers - in changing the discourse around nuclear weapons ? What roles did the various actors play, and how did the language of the treaty evolve ? Answering these questions, the authors provide a deeply researched account of the TPNW campaign, the negotiations, and the ongoing challenges of ratification and implementation. --- TREATY ON THE PROHIBITION OF NUCLEAR WEAPONS
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