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9780199227358

Interpreting the Nuclear Non-Proliferation Treaty

by
  • ISBN13:

    9780199227358

  • ISBN10:

    0199227357

  • Format: Hardcover
  • Copyright: 2011-07-21
  • Publisher: Oxford University Press
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Summary

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.

Author Biography


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).

Table of Contents

Table of Casesp. xi
Table of Instrumentsp. xiii
Introductionp. 1
Nuclear Energy and International Lawp. 3
Nuclear Energyp. 3
International Lawp. 6
Approach to Interpretationp. 21
Context and Object and Purpose in Interpretation of the NPTp. 26
Conclusionsp. 33
NWS Nuclear Policy and Interpretation of the NPTp. 35
Epochs of Policy toward Nuclear Weaponsp. 35
Non-Proliferationp. 41
Peaceful Usep. 47
Legal Analysis of NWS Interpretations of the NPTp. 75
Non-Proliferationp. 76
Peaceful Usep. 78
Disarmamentp. 95
Developments after 2008: Change and Continuityp. 109
2009p. 109
2010p. 113
Summary Analysis of Change and Continuity Post-2008p. 123
Treaty on the Non-Proliferation of Nuclear Weaponsp. 127
Atoms for Peacep. 133
Selected US Statements 1998-2009p. 140
Indexp. 179
Table of Contents provided by Ingram. All Rights Reserved.

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