International Law, the International Court of Justice and Nuclear Weapons

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Overview

On July 8, 1996 the International Court of Justice handed down two Advisory Opinions on the legality of nuclear weapons. This book offers a comprehensive study of those opinions. More than thirty internationally respected experts contribute their analyses of the status of nuclear weapons in international law across all its sectors: use of force, humanitarian law, environment and human rights. The contributions also assess the implications of the opinions for international organizations and the international judicial function. Contributors include lawyers, academics, diplomats and advisors to international bodies.
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Editorial Reviews

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"excellent" Int'l Journal of Legal Information
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Product Details

  • ISBN-13: 9780521654807
  • Publisher: Cambridge University Press
  • Publication date: 10/28/2011
  • Edition description: New Edition
  • Pages: 620
  • Product dimensions: 6.00 (w) x 8.90 (h) x 1.20 (d)

Table of Contents

List of contributors
Preface
List of abbreviations
Table of treaties and other international acts
Table of cases
Introduction 1
Pt. I Actors, Institutions and the International Court of Justice
1 Who are the addressees of the Opinions? 27
Quels sont les destinataires des avis? 28
2 On discretion: reflections on the nature of the consultative function of the International Court of Justice 36
3 ET and the International Court of Justice: reflections of an extra-terrestrial on the two Advisory Opinions 51
E.T. a la Cour Internationale de Justice: meditations d'un extra-terrestre sur deux avis consultatifs 52
4 The jurisdiction and merits phases distinguished 59
5 Reflections on the principle of speciality revisited and the 'politicisation' of the specialized agencies 78
Quelques reflexions sur le principe de specialite et la 'politisation' des institutions specialisees 79
6 Judicial review of the acts of international organisations 92
7 The WHO request 103
8 The WHO case: implications for specialised agencies 112
Pt. II Substantive Aspects
9 Lotus and the double structure of international legal argument 131
10 Non liquet and the incompleteness of international law 153
11 Treaty and custom 171
12 Nuclear weapons and jus cogens: peremptory norms and justice pre-empted? 181
13 The question of the law of neutrality 199
La question du droit de la neutralite 200
14 The status of nuclear weapons in the light of the Court's Opinion of 8 July 1996 209
Le statut des armes nucleaires a la lumiere de l'Avis de la CIJ du 8 juillet 1996 210
15 International humanitarian law, or the exploration by the Court of a terra somewhat incognita to it 228
Le droit international humanitaire, ou de l'exploration par la Cour d'une terra a peu pres incognita pour elle 229
16 Jus ad bellum and jus in bello in the Nuclear Weapons Advisory Opinion 247
17 On the relationship between jus ad bellum and jus in bello in the General Assembly Advisory Opinion 267
18 Necessity and proportionality in jus ad bellum and jus in bello 275
19 The notion of 'state survival' in international law 293
20 The right to life and genocide: the Court and an international public policy 315
21 Opening the door to the environment and to future generations 338
22 The use of nuclear weapons and the protection of the environment: the contribution of the International Court of Justice 354
Le recours a l'arme nucleaire et la protection de l'environnement: l'apport de la Cour internationale de Justice 355
23 The Non-Proliferation Treaty and its future 375
24 The Nuclear Weapons Advisory Opinions: the Declarations and Separate and Dissenting Opinions 390
25 The perspective of Japanese international lawyers 435
Pt. III The Opinions in their Broader Context
26 Between the individual and the state: international law at a crossroads? 449
27 The Nuclear Weapons case 462
28 The political consequences of the General Assembly Advisory Opinion 473
29 The silence of law/the voice of justice 488
30 Fairness and the General Assembly Advisory Opinion 511
Annexes Legality of the Threat or Use of Nuclear Weapons (request by the United Nations General Assembly), ICJ Advisory Opinion, 8 July 1996 (excluding Individual Declarations, Separate and Dissenting Opinions) 520
Annexes Legality of the Use by a State of Nuclear Weapons in Armed Conflict (Request of the World Health Organization), ICJ Advisory Opinion, 8 July 1996 (excluding Individual Declarations, Separate and Dissenting Opinions) 561
Select bibliography 581
Index 583
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