Abstract
Nuclear non-proliferation practice is characterized by a wide range of government practice and activities of specialist institutions, seeking to monitor, implement and enforce a legal framework that is often met with non-compliance. Pertinent legal obligations are deriving from various fields of international law, not always regulated in similar forms. This chapter provides a synopsis of relevant work in this area. It reviews current developments regarding the verification of, and compliance with, international standards in the wider field of nuclear security, non-proliferation and disarmament, highlighting the unique nature of this evolving area of international law, addressing the need for specialist legal interpretation, and trying to offer some conclusions which need to be further developed within this rather distinctive domain of international cooperation.
Jonathan L. Black-Branch—Professor of International Law, Royal Holloway University of London; a member of Wolfson College, Oxford; Chairman of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation and Contemporary International Law.
Dieter Fleck—Former Director International Agreements and Policy, Federal Ministry of Defence, Germany; Member of the Advisory Board of the Amsterdam Center for International Law (ACIL); Honorary President, International Society for Military Law and the Law of War; Rapporteur of the ILA Committee on Nuclear Weapons, Non-Proliferation and Contemporary International Law.
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Notes
- 1.
Black-Branch and Fleck 2014, p. 2; as quoted from J. Black-Branch, Opening Remarks to the Third Round Table (London) on Nuclear Weapons, Nuclear Energy and Non-Proliferation under International Law: Current Challenges and Evolving Norms (14–15 February 2013 Oxford and Cambridge Club)’, http://www.ila-hq.org/en/committees/index.cfm/cid/1025.
- 2.
- 3.
- 4.
Treaty on the Non-Proliferation of Nuclear Weapons (1 July 1968) 729 UNTS 161.
- 5.
See Nuclear Weapons, Non-Proliferation & Contemporary International Law: Relevant Treaties, Other International Instruments and Case Law, http://www.ila-hq.org/en/committees/index.cfm/cid/1025.
- 6.
- 7.
See Pant 2012.
- 8.
See Joyner and Roscini 2012, p. 277.
- 9.
Comprehensive Nuclear-Test-Ban Treaty (CTBT) of 24 September 1996, http://www.ctbto.org/fileadmin/content/treaty/treaty_text.pdf.
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References
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Black-Branch, J.L., Fleck, D. (2016). Verification of and Compliance with Nuclear Non-Proliferation Obligations: A Comprehensive Synopsis of Outstanding Issues. In: Black-Branch, J., Fleck, D. (eds) Nuclear Non-Proliferation in International Law. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-075-6_1
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