Non-Proliferation Law as a Special Regime: A Contribution to Fragmentation Theory in International Law

by Daniel H. Joyner (Editor), Marco Roscini (Editor)

Overview

The fragmentation of international law is an undeniable phenomenon and one that has met with increasing academic interest. This fragmentation is the result of the progressive expansion of both international legal activity and the subject-matter of international law. This expansion brings with it the risk of conflicting rules, principles and institutions. Non-Proliferation Law as a Special Regime focuses on weapons of mass destruction and aims to identify whether there are specific rules applying to this field that depart from the general rules of international law and the rules of other special regimes, in particular with regard to the law of treaties and the law of state responsibility. In providing a systematic analysis of a substantive area of international law and applying the theory of fragmentation and special regimes, the book contributes to the ongoing debate concerning one of the most topical issues in international law.

Product Details

ISBN-13:	9781107009714
Publisher:	Cambridge University Press
Publication date:	09/20/2012
Pages:	300
Product dimensions:	5.90(w) x 9.10(h) x 0.90(d)

About the Author

Daniel H. Joyner is Professor of Law at the University of Alabama School of Law.

Dr Marco Roscini is Reader in International Law at the University of Westminster School of Law. He has a PhD in international law from the University of Rome 'La Sapienza'. Dr Roscini specialises in the international law of armed conflict (both jus ad bellum and jus in bello) and disarmament law. His book on nuclear weapon-free zones is so far the only book that comprehensively deals with nuclear weapon-free zones from an international law perspective. His scholarship has also appeared or is forthcoming in important peer-reviewed journals, as well as in several edited books. His publications have been widely cited in legal literature and judicial decisions. Dr Roscini was previously a Research Fellow at the University of Verona School of Law and lectured on the international law of armed conflict at University College London, King's College London and Queen Mary, University of London. He collaborated with the International Justice Project at the International Secretariat of Amnesty International, for which he prepared extensive commentaries on the implementation of the International Criminal Court's Statute in the Democratic Republic of the Congo and in Italy. Dr Roscini also participated in several research projects that were granted funding from the Italian government, the most recent one focusing on immunities in international law. In 2002, he was awarded a German Academic Exchange Service (DAAD) grant for a research stay at the Max-Planck Institut für ausländisches öffentliches Recht und Völkerrecht, Heidelberg. He is currently the holder of a Leverhulme Research Fellowship for his research on cyber warfare. Dr Roscini is a member of the International Law Association (ILA)'s Committee on Nuclear Weapons, Non-Proliferation and Contemporary International Law and of the European Union Non-Proliferation Consortium.

Table of Contents

Introduction Daniel H. Joyner and Marco Roscini; Part I. The Law of Treaties: 1. Amendment and modification of non-proliferation treaties Malgosia Fitzmaurice and Panos Merkouris; 2. Provisional application of non-proliferation treaties Andrew Michie; 3. Interpretation of non-proliferation treaties Nigel White; 4. Violation of non-proliferation treaties and related verification treaties Eric Myjer and Jonathan Herbach; 5. Withdrawal from non-proliferation treaties Daniel H. Joyner and Marco Roscini; Part II. The Law of State Responsibility: 6. The 'injured state' in case of breach of a non-proliferation treaty and the legal consequences of such a breach Matthew Happold; 7. Non-proliferation law and countermeasures Sahib Sing; 8. State responsibility consequences of termination of or withdrawal from non-proliferation treaties Dieter Fleck; 9. Conclusions Daniel H. Joyner and Marco Roscini.

Editorial Reviews

'Fragmentation of international law has become a favorite topic in the literature, all too often dealt with in the same worn, tired way … Against this background, it is a true pleasure to follow a group of experts both on non-proliferation law and the relevant international law around the Non-Proliferation Treaty on their analysis of the ways in which this treaty regime is 'special' without, however, essentially detaching itself from the general law in which it remains embedded. The book … sets an admirable example of how the ever-increasing number of specialized treaty regimes ought to be subjected to a profound dialogue between experts in the respective subject areas and international law generalists to the profit of both.' Bruno Simma, University of Michigan Law School and former Judge, International Court of Justice

'The contributing authors approach their respective chapters with measure and nuance, and the result is a most informative assessment of the characteristics of non-proliferation law as a subfield within an increasingly diverse international legal order. … This nuanced approach makes the book a welcome contribution to the fragmentation debate, which has come to focus on the manners in which different regimes evolve and interact, both with one another and with general international law … Non-Proliferation Law as a Special Regime is a very worthwhile read for both those with an interest in fragmentation theory and specialists in non-proliferation law.' Dirk Pulkowski, International and Comparative Law Quarterly

From the Publisher