Description |
1 online resource (524 pages) |
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text file |
Contents |
Cover; Half-title; Title page; Copyright information; Table of contents; List of contributors; Foreword; Preface; Disclaimer; Introduction; The functioning and types of nuclear weapons; Use and testing of nuclear weapons; Estimated stockpiles of nuclear weapons; The layout of the book; Part I Nuclear weapons and jus ad bellum; 1 Using force by means of nuclear weapons and requirements of necessity and proportionality ad bellum; Introduction; A. Preliminary observations; B. Necessity and proportionality ad bellum; 1. Necessity; Force as a last resort. |
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Contemporaneous and bona fide belief of necessity?Imminence of attack; Immediacy of force; 2. Proportionality; Variables compared; Standard of comparison; Temporal scope of assessment; C. Necessity and proportionality ad bellum applied to use of force by means of nuclear weapons; 1. 'Double' necessity for nuclear weapons?; 2. Proportionality as teleological fitness; 3. 'Extreme circumstance of self-defence'; Relativity of extremeness; Consequences of disclaimer; Irrelevance of weapons; 4. Assurances of non-use and no first use; Conclusion. |
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2 Legality under jus ad bellum of the threat of use of nuclear weaponsIntroduction; A. Background to the Advisory Opinion; 1. Threats of nuclear weapons and the legacies of the Cold War; 2. Advisory proceedings; B. Advisory Opinion; 1. The Court's findings; 2. Ambiguities; Possession, preparedness and intention; Deterrence; The 'Brownlie formula'; Threatening use of nuclear weapons within one's own territory; Non-state entities; Collective self-defence; C. Incidence, effectiveness and legality; 1. Incidence or non-incidence of threat; Threat as communicated intention. |
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Measure envisaged by the threatenerCommunicated and apprehended intention; Behaviour demanded of the threatenee: 'compellence' v. deterrence; Means of communication; 2. Effectiveness or ineffectiveness of threat; 3. Lawfulness or unlawfulness of threats; The Brownlie formula redux; Collective self-defence and questions of attributing unlawful threats to non-nuclear weapon states under a nuclear umbrella; Conclusion; 3 Nuclear weapons and the separation of jus ad bellum and jus in bello; Introduction; A. Use of nuclear weapons and the separation principle: preliminary observations. |
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B. Rationale and implications of the separation between jus ad bellum and jus in belloC. Theoretical foundations of the separation between jus ad bellum and jus in bello; D. The Nuclear Weapons Advisory Opinion and the notion of 'extreme circumstance of self-defence'; E. Other contemporary challenges to the separation principle; 1. The rise of 'conflationism' in contemporary doctrine; F. Reaffirming the validity of the separation principle; 1. Legal foundations of the separation principle. |
Note |
2. Clarifying concepts: proportionality under jus ad bellum as distinct from proportionality under jus in bello. |
Summary |
A comprehensive treatment of nuclear weapons under key international law regimes. |
Bibliography |
Includes bibliographical references and index. |
Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
Subject |
Nuclear weapons (International law)
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Nuclear weapons (International law) |
Genre/Form |
Electronic books.
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Added Author |
Casey-Maslen, Stuart.
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Bersagel, Annie Golden, 1983-
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Other Form: |
Print version: Nystuen, Gro. Nuclear Weapons under International Law. Cambridge : Cambridge University Press, ©2014 9781107042742 |
ISBN |
9781316008775 |
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1316008770 |
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9781107337435 |
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1107337437 |
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9781316004272 |
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1316004279 |
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9781316006535 |
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1316006530 |
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9781316500699 (paperback) |
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1316500691 |
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9781107042742 |
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1107042747 |
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