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Interpreting the Nuclear Non-Proliferation Treaty [Kõva köide]

(Associate Professor of Law, University of Alabama School of Law)
  • Formaat: Hardback, 200 pages, kõrgus x laius x paksus: 237x162x19 mm, kaal: 468 g
  • Ilmumisaeg: 26-May-2011
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199227357
  • ISBN-13: 9780199227358
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  • Formaat: Hardback, 200 pages, kõrgus x laius x paksus: 237x162x19 mm, kaal: 468 g
  • Ilmumisaeg: 26-May-2011
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199227357
  • ISBN-13: 9780199227358
"The 1968 Nuclear Non-proliferation Treaty has proven the most complicated and controversial of all arms control treaties, both in principle and in practice. Statements of nuclear-weapon States from the Cold War to the present, led by the United States, show a disproportionate prioritization of the non-proliferation pillar of the Treaty, and an unwarranted under-prioritization of the civilian energy development and disarmament pillars of the treaty. This book argues that the way in which nuclear-weapon States have interpreted the Treaty has laid the legal foundation for a number of policies related to trade in civilian nuclear energy technologies and nuclear weapons disarmament. These policies circumscribe the rights of non-nuclear-weapon States under Article IV of the Treaty by imposing conditions on the supply of civilian nuclear technologies. They also provide for the renewal and maintenance, and in some cases further development of the nuclear weapons arsenals of nuclear-weapon States. The bookprovides a legal analysis of this trend in treaty interpretation by nuclear-weapon States and the policies for which it has provided legal justification. It argues, through a close and systematic examination of the Treaty by reference to the rules of treaty interpretation found in the 1969 Vienna Convention on the Law of Treaties, that this disproportionate prioritization of the non-proliferation pillar of the Treaty leads to erroneous legal interpretations in light of the original balance of principles underlying the Treaty, prejudicing the legitimate legal interests of non-nuclear-weapon States"--

"The 1968 Nuclear Non-proliferation Treaty has proven the most complicated and controversial of all arms control treaties, both in principle and in practice. Statements of nuclear-weapon States from the Cold War to the present, led by the United States, show a disproportionate prioritization of the non-proliferation pillar of the Treaty, and an unwarranted under-prioritization of the civilian energy development and disarmament pillars of the treaty. This book argues that the way in which nuclear-weapon States have interpreted the Treaty has laid the legal foundation for a number of policies related to trade in civilian nuclear energy technologies and nuclear weapons disarmament. These policies circumscribe the rights of non-nuclear-weapon States under Article IV of the Treaty by imposing conditions on the supply of civilian nuclear technologies. They also provide for the renewal and maintenance, and in some cases further development of the nuclear weapons arsenals of nuclear-weapon States. The book provides a legal analysis of this trend in treaty interpretation by nuclear-weapon States and the policies for which it has provided legal justification. It argues, through a close and systematic examination of the Treaty by reference to the rules of treaty interpretation found in the 1969 Vienna Convention on the Law of Treaties, that this disproportionate prioritization of the non-proliferation pillar of the Treaty leads to erroneous legal interpretations in light of the original balance of principles underlying the Treaty, prejudicing the legitimate legal interests of non-nuclear-weapon States"--

Provided by publisher.

The 1968 Nuclear Non-proliferation Treaty has proven the most complicated and controversial of all arms control treaties, both in principle and in practice.

Statements of nuclear-weapon States from the Cold War to the present, led by the United States, show a disproportionate prioritization of the non-proliferation pillar of the Treaty, and an unwarranted under-prioritization of the civilian energy development and disarmament pillars of the treaty.

This book argues that the way in which nuclear-weapon States have interpreted the Treaty has laid the legal foundation for a number of policies related to trade in civilian nuclear energy technologies and nuclear weapons disarmament. These policies circumscribe the rights of non-nuclear-weapon States under Article IV of the Treaty by imposing conditions on the supply of civilian nuclear technologies. They also provide for the renewal and maintenance, and in some cases further development of the nuclear weapons arsenals of nuclear-weapon States.

The book provides a legal analysis of this trend in treaty interpretation by nuclear-weapon States and the policies for which it has provided legal justification. It argues, through a close and systematic examination of the Treaty by reference to the rules of treaty interpretation found in the 1969 Vienna Convention on the Law of Treaties, that this disproportionate prioritization of the non-proliferation pillar of the Treaty leads to erroneous legal interpretations in light of the original balance of principles underlying the Treaty, prejudicing the legitimate legal interests of non-nuclear-weapon States.

Arvustused

An understanding of the unsettled controversies surrounding interpretation of the NPT... absolutely requires the reading of Joyners challenging work. * Pierre-Emmanuel Dupont, Leiden Journal of International Law.Surabhi Ranganathan, BYIL * This study is a remarkable one and is greatly welcomed at an important juncture and after a successful NPT Review Conference in 2010. Daniel H. Joyner has relied on solid grounds in interpreting the Treaty, not relying entirely on statements made by certain officials and personalities involved in negotiating the Treaty. Since my book was published more than 30 years ago, it is a great source of comfort to find such a new and remarkable study that greatly enhances our understanding of the NPT and which can be considered as an inescapable companion to my study of the NPT negotiations. This new study should be a required reading to any one who would wish to deal with nonproliferation * Ambassador Mohamed Shaker, President of the Egyptian Council for Foreign Affairs, Author of The Nuclear Nonproliferation Treaty: Origin and Implementation 1959-1979 (1980) * Interpreting the Nuclear Non-proliferation Treaty is an excellent book that sets out a clear thesis and then evidences its claims with significant detail. * James A Green, American Journal of International Law * ...readers seeking policy arguments that are at variance with the traditional view will find a wealth of material in this book. * Norman A. Wulf,Arms Control Today * With meticulous scholarship and brilliant argumentation, Joyner methodically demolishes the assertions that the nonproliferation pillar is dominant and that the peaceful uses and disarmament pillars are somehow lesser...a superb contribution to this important discussion. * Thomas Graham Jr, Nonproliferation Review * It is time now to revive international cooperation to increase concensus on NPT interpretation, foster its implementation in all its aspects, and effectively ensure respect for its rules. Joyner's book is an excellent contribution to any such endeavour. * Dieter Fleck, European Journal of International Law * To sum up, we hold that an understanding of the unsettled controversies surrounding interpretation of the NPT, and more generally of the balance between non-proliferation concerns and peaceful nuclear energy ambitionsthat the treaty's 'grand bargain' was supposed to achieve, absolutely requires the reading of Joyner's challenging work. * Pierre-Emmanuel Dupont, Leiden Journal of International Law * Overall, the book is a very welcome addition to discussions about the NPT specifically and nuclear weapons law generally. In tracing the statements and policies of the States Parties to the treaty over the twelve-year period from 1998-2010, Professor Joyner has made an important contribution. * Treasa Dunworth, Netherlands International Law Review *

Table of Cases
xi
Table of Instruments
xiii
Introduction 1(2)
1 Nuclear Energy and International Law
3(18)
I Nuclear Energy
3(3)
II International Law
6(15)
2 Approach to Interpretation
21(14)
I Context and Object and Purpose in Interpretation of the NPT
26(7)
II Conclusions
33(2)
3 NWS Nuclear Policy and Interpretation of the NPT
35(40)
I Epochs of Policy toward Nuclear Weapons
35(6)
II Non-Proliferation
41(6)
III Peaceful Use
47(28)
4 Legal Analysis of NWS Interpretations of the NPT
75(34)
I Non-Proliferation
76(2)
II Peaceful Use
78(17)
III Disarmament
95(14)
5 Developments after 2008: Change and Continuity
109(18)
I 2009
109(4)
II 2010
113(10)
III Summary Analysis of Change and Continuity Post-2008
123(4)
Annex I Treaty on the Non-Proliferation of Nuclear Weapons 127(6)
Annex II Atoms for Peace 133(7)
Annex III Selected US Statements 1998-2009 140(39)
Index 179
Daniel Joyner is an Associate Professor of Law at the University of Alabama School of Law. He is the author of International Law and the Proliferation of Weapons of Mass Destruction (Oxford University Press, 2009).