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The legality of threat or use of nuclear weapons : a guide to the historic opinion of the International Court of Justice / John Burroughs ; foreword by Phon van den Biesen

Author
Burroughs, John, 1953-
Additional Titles
Illegality of threat or use of nuclear weapons : a guide to the historic opinion of the International Court of Justice
Published
Münster : LIT, 1998.
Physical Description
xii, 169 pages ; 24 cm.
Additional Creators
International Association of Lawyers Against Nuclear Arms

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Contents
Machine generated contents note: Pt. 1 History and Procedure -- Ch. 1 The Initiative to Seek an Advisory Opinion -- Ch. 2 Proceedings Before the Court -- Ch. 3 Lack of Jurisdiction Over the World Health Assembly Request -- Ch. 4 The Decision to Reply to the General Assembly Request -- Pt. 2 The Opinion -- Ch. 5 The Unique Characteristics of Nuclear Weapons -- Ch. 6 Formal Legal Conclusions -- Ch. 7 Absence of a Specific Authorization or Prohibition of the Threat or Use of Nuclear Weapons as Such -- Ch. 8 Constraints on Threat or Use of Nuclear Weapons Based on Human Rights, the Genocide Convention, and Environmental Law -- Ch. 9 General Illegality of Threat or Use of Nuclear Weapons Under Law Applicable in Armed Conflict -- Ch. 10 Constraints on Threat or Use of Nuclear Weapons Based on the United Nations Charter -- Ch. 11 Uncertainty as to an Extreme Circumstance of Self-Defense in Which the Very Survival of a State Is at Stake -- Ch. 12 The Obligation to Bring to a Conclusion Negotiations on Nuclear Disarmament in All Its Aspects -- Pt. 3 The Judges' Separate Statements -- Ch. 13 The Judges Individual Views on General Illegality, the Extreme Circumstance/Survival of the State Provision, and Nuclear Disarmament -- App. A States' Arguments to the Court -- App. B States' Responses to the Opinion -- App. C World Health Assembly Resolution WHA46.40, Adopted 14 May 1993, Requesting Advisory Opinion -- App. D General Assembly Resolution 49/75 K, Adopted 15 December 1994, Requesting Advisory Opinion -- App. E General Assembly Resolution 51/45 M, Adopted 10 December 1996, Calling for Compliance with Advisory Opinion by Commencement of Negotiations Leading Toward a Nuclear Weapons Convention.
Summary
"The 20th century has been defined in large part by the unleashing of the terrible destructive power of the atom, and the subsequent struggle to overcome the threat of nuclear annihilation. If humankind survives, the 8 July 1996 Advisory Opinion of the International Court of Justice, and the extraordinary process that led up to it, will have played an essential role. The (Il)legality of the Threat or Use of Nuclear Weapons is a concise yet thorough guide to the case. In straightforward language, it describes the history of this unprecedented initiative and summarizes and explains states' arguments to the Court, the Court's findings, and the separate statements of the judges. The author provides cogent expert analysis and, most importantly, reveals how the opinion imparts hope and points the way to the future." --Book Jacket.
Subject(s)
ISBN
3825835162
Note
At head of title on cover: International Association of Lawyers Against Nuclear Arms.
Foreword and preface dated 1997.
Bibliography Note
Includes bibliographical references (pages 163-166).
View MARC record | catkey: 1849753