Legal Resolution of Nuclear Non-Proliferation Disputes

James Fry explores the use of international courts and tribunals to settle disputes over nuclear weapons and nuclear material.

James D. Fry (Author)

9781107041295, Cambridge University Press

Hardback, published 19 December 2013

514 pages
24.1 x 16 x 3.3 cm, 0.91 kg

'… [the] value of the book as an innovative contribution to examining the terrain of relevant issues in this field lies in its in-depth assessment of applicable treaty law. Postgraduate students and experts of governments and international organizations will benefit from this achievement.' Dieter Fleck, Journal of Conflict and Security Law

How viable is the resolution of nuclear non-proliferation disputes through the International Court of Justice and international arbitration? James Fry examines the compromissory clauses in the IAEA Statute, IAEA Safeguards Agreements and the Convention on the Physical Protection of Nuclear Material that give jurisdiction to these fora and analyses recent jurisprudence to demonstrate how legal resolution can handle such politically sensitive disputes. In sum, legal resolution of nuclear non-proliferation disputes represents an option that States and commentators have all too often ignored. The impartiality and procedural safeguards of legal resolution should make it an acceptable option for target States and the international community, especially vis-à-vis the procedural shortcomings and general heavy-handedness of Security Council involvement under UN Charter Chapter VII.

Part I. Introduction: 1. Foundational elements of the study
2. Definitions, delimitations and disclaimers of the study
Part II. Security Council Involvement with Nuclear Non-Proliferation Disputes under UN Charter Chapter VII: 3. Exploring potential problems with Security Council involvement
Part III. Legal Resolution and Nuclear Non-Proliferation Disputes: 4. The history of legal resolution with similarly sensitive disputes as nuclear non-proliferation disputes
5. Jurisdiction over nuclear non-proliferation disputes
6. Justiciability of nuclear non-proliferation disputes
Part IV: 7. Conclusion.

Subject Areas: Civil procedure, litigation & dispute resolution [LNAC], Public international law [LBB], Law [L], International relations [JPS]