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1
Laing, Jessica. "The use of nuclear weapons under the doctrine of self-defence." Master's thesis, Faculty of Law, 2019. https://hdl.handle.net/11427/31606.
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The lawful use of nuclear weapons in self-defence sits in a precarious and fraught position amongst lawyers, states and scholars, primarily due to their indiscriminate destructive nature. The use of nuclear weapons is the biggest threat to peace and security yet they exist under obscurity in International Law. The purpose of this paper is to examine at what point, and under what circumstances, a State is lawfully permitted to use nuclear weapons in self-defence. The right to self-defence is a basic normative right codified in the United Nations Charter (UN Charter). The inherent right to self-defence is the primary justification for the use of nuclear weapons according to the International Court of Justice in the Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons (Advisory Opinion). Even so, nuclear weapons would still have to meet the threshold of self-defence and the cardinal principals of ‘imminence’, ‘necessity’ and ‘proportionality’ which regulate the lawfulness of a state’s actions in self-defence. Since there has only been two situations where nuclear weapons have been used- in Hiroshima and Nagasaki in 1945- it is necessary to examine three hypothetical situations in which nuclear weapons are used in self-defence to determine if, under any, exceptional circumstances such action could be lawful.
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Itene, Moses Akpofure. "Problems of nuclear weapons disarmament in international law : legal challenges and political considerations." Thesis, University of Huddersfield, 2018. http://eprints.hud.ac.uk/id/eprint/34780/.
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This thesis explores the legal rationale and political considerations for nuclear disarmament and non-proliferation of nuclear weapons. Nuclear weapons are the most dangerous weapons on earth. Only one can destroy a city, with the potentiality of killing millions and affecting the lives of a whole generation through its lasting calamitous consequences and jeopardising the natural environment. Nuclear weapons are normally classified alongside with chemical and biological weapons as Weapons of Mass Destruction (WMD) and their danger surrounds their very existence. Disarmament has been axiomatically accepted as the best safeguard against their threat, but achieving the aim of disarmament has a tremendously difficult international, socio-legal and political challenge. There are about 22,000 nuclear weapons allegedly remaining in our world today and over 2,000 nuclear tests have been conducted to date. This is to check their functionality by the Nuclear Weapon States (NWS) and to demonstrate to real and potential enemies the potency of their nuclear forces. Consequently, International Law provides the framework within which States conduct their international affairs, usually accepting certain reciprocal constraints and regulating exceptions raised on nuclear weapons disarmament and for ensuring global peace. However, in as much as the NWS and their allies rely on nuclear weapons as legitimate security protective hedge for self-defence, efforts to ensure nuclear disarmament will invariably suffer from a fundamental contradiction and credibility deficit. This research, which unravels contemporary discourse on nuclear weapons disarmament, is burdened by the globally entrenched nuclear hegemony by the NWS and the looming danger of nuclear crisis across the world such as North Korea and other “rogue States” unbridled nuclear ambitions. The doctrinal legal research methodology is being used in analysing, synthesising and critiquing the legal and political issues associated with the research. The possession of nuclear weapons and reliance on nuclear deterrence are tangible evidence of nuclear proliferation. The more the world realises the global humanitarian consequences associated with nuclear weapons, the stronger the case and urgent steps needed against them. The nuclear technological threshold is rapidly growing, for political rather than technological purposes. This thesis therefore argues for more effective monitoring and compliance, together with greater enforcement of nuclear non-proliferation and disarmament commitments and obligations,especially in accordance with the provisions of the newly emerged Treaty on the Prohibition of Nuclear Weapons(TPNW)for the realisation of the desired objective of a nuclear free world. As part of the research findings, it is clear that any use of nuclear weapons would violate all the principles of International Humanitarian Law including jus ad bellum (when States are compelled to engage in warfare) and jus in bello (rules of engagement in war). This is as a result of the unthinkable humanitarian emergencies, catastrophic global consequences on the environment, climate, health, social order, human development and economic impacts nuclear weapons would potentially cause. According to the 2002 Rome Statute of International Criminal Court provisions, any use of nuclear weapons would amount to genocide (Article 6), crime against humanity (Article 7) and war crime (Article 8). Still from the research findings, both nuclear weapons and nuclear deterrence are arguably described as illegitimate instruments of State policies and they constitute instrumentalities of international lawlessness in the midst of earliest and contemporaneous legal instruments on nuclear disarmament. The fundamental recommendation arising from this research is that all States at all times need to comply with applicable international law on nuclear disarmament in conformity with the International Court of Justice Advisory Opinions on the legality of the threat or use of nuclear weapons and on the legality of use of nuclear weapons by a State in armed conflict. Significantly, all the Nuclear Weapon States should fulfil their commitments on the 13 practical steps towards disarmament outlined at the 2000 Non-proliferation Treaty Review and Extesion Confenece (NPTREC), for the actualisation of general and complete nuclear disarmament.
3
Mhone, Peggy S. "Africa's contribution to the humanitarian approach of nuclear weapons disarmament : Pelindaba Treaty." University of the Western Cape, 2016. http://hdl.handle.net/11394/5269.
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Magister Administrationis - MAdminThis thesis attempts to assess the role Africa has played to further the humanitarian approach to nuclear weapons disarmament. Particular focus is on the Pelindaba Treaty and whether it has been able to strengthen the call for disarmament based on the humanitarian approach. The findings of this research are that the Pelindaba treaty did contribute indirectly to the strengthening of the humanitarian initiative of nuclear weapons disarmament because the Treaty serves as an important contribution towards the achievement of a world without nuclear weapons, which is the key objective of the humanitarian initiative of nuclear weapons disarmament. In addition, the Pelindaba Treaty has also contributed in strengthening the call for overall nuclear disarmament. This is the case as 53 states signed the treaty to rid the continent of nuclear weapons and any direct threats associated with those weapons. In so doing, it has contributed greatly to disarmament efforts. A nuclear weapons free zone across the continent is a powerful statement about the desire for a nuclear free world. It has provided African states with a foundation for engaging in the humanitarian initiative, as it led to some standardisation of statements/positions. Also, since the inception of the humanitarian approach to disarmament, African states have contributed greatly to the initiative. In terms of numbers, in the three conferences on the humanitarian impact of nuclear weapons use that have taken place between 2013 and 2014 (in Oslo, Nayarit and Vienna), it was witnessed that the number of participating African states increased from 34 in the first meeting to 45 in the last meeting. This alone indicates the determination and commitment by these African states to the initiative. Conclusively, this research determined that the Pelindaba Treaty and efforts of African states in general have contributed towards strengthening the call for not only the humanitarian initiative to nuclear weapons disarmament but also to disarmament overall.
4
Gouin, Margaret E. "Nuclear law: The applicability of Canadian and related international public law principles to litigating the issue of nuclear weapons in Canadian courts." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5597.
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The purpose of this thesis is to examine questions of substantive law raised by the prospect of bringing the issue of nuclear weapons before a Canadian court. First, the history of litigation of nuclear issues since 1945 will be reviewed. Next, the relevant principles of international law will be examined for their application, either direct or indirect, to nuclear weapons issues. Other areas of international public law, such as environmental law, human rights law and international criminal law, will also be examined to see how they may be applied to nuclear weapons. In addition, consideration is given to the effect of such influential aspects of the international system as resolutions of the United Nations and unilateral declarations by states. This is followed by a study of how and when international law can be applied by a domestic court in Canada. The next chapter examines principles of Canadian law which may have an application to the issue of nuclear weapons. The primary sources here are the Canadian Charter of Rights and Freedoms, the Constitution Act, 1982 and the Criminal Code.
5
Terry, Patrick. "US-Iran relations in international law since 1979 hostages, oil platforms, nuclear weapons and the use of force." Rangendingen (Hechingen) Libertas, 2008. http://d-nb.info/993662307/04.
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Schaefer, Agnes Gereben Lambright W. Henry. "The role of transnational non-governmental organizations in the disposition of chemical and nuclear weapons in the United States: a comparative analysis." Related Electronic Resource: Current Research at SU : database of SU dissertations, recent titles available full text, 2003. http://wwwlib.umi.com/cr/syr/main.
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Naidoo, Ramola. "The legal relationship between the United States of America and the United Kingdom with regard to nuclear weapons." Thesis, University of Cambridge, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.319476.
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El, Jadie Amna. "L'énergie nucléaire et le droit international public." Thesis, Tours, 2017. http://www.theses.fr/2017TOUR1006/document.
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Tous les États sans discrimination ont un droit inaliénable de développer les utilisations de l'énergie nucléaire à des fins civiles, à condition de ne pas détourner ces utilisations pacifiques vers des armes nucléaires. Cependant, il est accordé à cinq pays le droit de posséder ces armes, à savoir les États-Unis, la France, la Russie, la Chine et le Royaume-Uni. Autour de cette position, un vif débat à la fois juridique et éthique a été soulevé. En effet, pour ses opposants, le nucléaire représente un risque durable et non maîtrisable par la science. Les accidents nucléaires majeurs, les déchets radioactifs et le détournement du nucléaire à des fins militaires sont des risques ingérables et d‟une gravité exceptionnelle. En revanche, les défenseurs de cette énergie la présentent comme sûre, voire partie prenante du développement durable. Selon eux, le nucléaire est un moyen fiable de lutter contre le réchauffement climatique et aussi une solution à la pénurie énergétique à laquelle le monde est confronté. En examinant et analysant la fiabilité et la crédibilité de tous les arguments allant à l‟encontre et en faveur de cette industrie, on constate que la licéité et la légitimité du recours à l'énergie nucléaire sont mal fondées. Par conséquent, nous estimons qu‟il est nécessaire de dépasser le nucléaire par la conclusion d'une convention internationale posant l'interdiction progressive mais complète du nucléaireAll states without discrimination have an inalienable right to develop the uses of nuclear energy for civilian purposes, provided they do not divert these peaceful uses to nuclear weapons. However, five states have been granted the right to possess these weapons, that is : United-States, France, Russia, China and United-Kingdom. Around this position a fierce debate, both legal and ethical, has been raised. Indeed for its opponents nuclear represents a persistent risk that is non controllable by science. Major nuclear accidents, radioactive wastes and the use of nuclear for military purposes are unmanageable risks of exceptionnal serious gravity. On the other hand, the proponents of this energy present it as safe, even as part of sustainable development. According to them, nuclear is a reliable means to fight global warming and is also a solution to the energy shortage the world is facing. When analyzing the reliability and the credibility of all arguments for and against this industry, it can be noticed that the lawfulness and legitimacy of the use of nuclear energy are ill-founded. Therefore, we believe there is a need to go beyond nuclear with the conclusion of an international convention dealing with the progressive but comprehensive nuclear ban
9
Estoch, Christopher. "Nuclear deterrence : insecurity and the proliferation of nuclear weapons." Honors in the Major Thesis, University of Central Florida, 2009. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1258.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.Bachelors
Sciences
Political Science
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Polser, Brian G. "Theater nuclear weapons in Europe : the contemporary debate /." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2004. http://library.nps.navy.mil/uhtbin/hyperion/04Sep%5FPolser.pdf.
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Thesis (M.A. in Security Studies (Defense Decision-Making and Planning))--Naval Postgraduate School, Sept. 2004.Thesis Advisor(s): Jeffrey Knopf, Peter Lavoy. Includes bibliographical references (p. 111-117). Also available online.
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Miranda, Cristobal M., and Cristobal M. Miranda. "Towards A Balanced U.S. Nuclear Weapons Policy." Thesis, The University of Arizona, 2016. http://hdl.handle.net/10150/620870.
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Nuclear weapons remain salient to international security and stability given their continued existence within the strategic context of interstate relations, as well as their continued proliferation to state actors and potentially to non-state actors. Since the end of the Cold War, the U.S. and Russia have dramatically reduced their nuclear arsenals; however, the U.S and Russia today still have the large majority of the world's nuclear inventory, with thousands of nuclear weapons each and plans to maintain these large stockpiles. The central question of this study is-how does one reconcile the size and continued existence of the U.S. nuclear arsenal with U.S. nonproliferation policy and the U.S. commitment to pursue nuclear disarmament? This study's primary argument is that a nuclear-armed state can craft a weapons policy involving nuclear posture and force structure that balances the requirements of nuclear deterrence with nuclear nonproliferation objectives and eventual nuclear disarmament, and that the U.S. has imperfectly pursued such a balanced nuclear weapons policy since the end of the Cold War. This study's primary policy recommendations are that the U.S. nuclear arsenal can be reduced further and the U.S. can modify its nuclear posture to limit the role of nuclear weapons; such nuclear weapons policy changes that limit the mission and size of U.S. nuclear forces would demonstrate genuine commitment to nuclear nonproliferation and progress towards nuclear disarmament, while also maintaining a strategic deterrence capability for the foreseeable future. The pursuit of a balanced nuclear weapons policy will allow the U.S. to function as a genuine actor to positively influence the international nuclear environment towards a potentially nuclear-free world. Ultimately, global nuclear disarmament will likely require major developments within the international system, including the solving of the world's major security issues.
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Athanasopulos, Haralambos. "Nuclear disarmament in international law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0024/NQ36567.pdf.
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Horsburgh, Nicola Ann. "China's engagement with global nuclear order since 1949." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:fa12baba-7ec6-4ae3-84c9-f41b88f9da96.
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This thesis explores China’s engagement with global nuclear order since 1949. In particular, China’s engagement refers to the process of creating, consolidating and maintaining nuclear order by assessing the methods it adopts, as well as the motivations behind its policy and the implications of its actions for global nuclear order. Overall, it is argued that in the 1950s and 1960s, even before nuclear order existed, China had an inadvertent hand in its creation, contributing to American and Soviet thinking about how best to build an order, as well as offering its own ideas based on socialist proliferation. Then, in the 1980s and 1990s, China engaged in the process of consolidating nuclear order by developing alternative thinking on nuclear deterrence that challenged mainstream strategies such as mutual assured destruction; and by joining important institutions, for instance the Non Proliferation Treaty in 1992 and the Comprehensive Test Ban Treaty in 1996. In addition, during this period, China began to promote a new vision for nuclear order: that of a more representative order. China’s current engagement, at a time when global nuclear order is perceived by many to be under significant strain, is less clear: while China remains committed to key global nuclear institutions and a minimal nuclear strategy; Beijing is also wary of deeper commitments, in particular multilateral arms control processes that might unfairly constrain its nuclear force capabilities relative to other nuclear weapons states.
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Peck, Caroline. "After Syria: Potential and Prospects of Chemical Weapons." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1858.
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This paper examines the possible future of chemical weapons through an exploration of the origins and history of legal proscriptions on their use and the practical utility of their procurement and use. Past public misunderstanding of the extent of the chemical weapons threat, exacerbated by propaganda, as well as fears of retaliatory use motivated efforts to ban the use of chemical weapons. These prohibitions have had and continue to have weaknesses and loopholes that prevent their intentions from being fully realized. While chemical agents have a wide variety of applications and have several unique advantages, including psychological effects on victims, their use is limited by several drawbacks. The accessibility of some agents is also limited for actors who are not major powers. Recent developments in chemical weapons use, especially their use in the Syrian civil war, inform present understanding of international resolve to prevent chemical weapons use and the continued advantages chemical weapons provide. These findings provide a framework to understand future opportunities for actors to produce chemical weapons and the likelihood that these actors will actually use chemical weapons.
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Street, Tim. "The politics of nuclear disarmament : obstacles to, and opportunities for, eliminating nuclear weapons in and between the nuclear weapon states." Thesis, University of Warwick, 2017. http://wrap.warwick.ac.uk/110300/.
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This thesis examines what political conditions must be established and what obstacles overcome, nationally and internationally, in order for the five 'official' nuclear weapon states (NWS) under the nuclear non-proliferation treaty (NPT)— China, France, Russia, the UK and the US—to abolish their nuclear weapons. In order to assess the explanatory power of existing mainstream and realist perspectives regarding the causes and consequences of NWS nuclear possession and disarmament, a substantial evidence base is utilised. Academic, advocacy and government documents, as well as interviews with a range of practitioners in this field, are drawn on to develop an institutional-historical analysis of nuclear politics in and between NWS. From this assessment of the existing literature, it is argued that whilst mainstream and realist works have some value, there are several gaps in and problems with their analysis that need to be addressed. For example, such works do not provide a full account of nuclear politics because they mainly focus on the international level, so that the role domestic politics plays in nuclear matters is not properly considered. In order to rectify this deficiency, I adopt a critical and normative approach and develop the domestic politics model of nuclear possession to better imagine the political causes and consequences of nuclear disarmament. The approach adopted, which I term institutional democratisation, proposes that if nuclear weapons are to be permanently eliminated then legitimate forms of power, including popular, democratic movements driven by principles of equality and justice, need to be developed in NWS that are capable of controlling and eliminating the bomb. This is necessary because the behaviour of nuclear weapon decision- making elites across NWS—and the institutions they inhabit and maintain—present the principal barrier to meaningful progress on eliminating nuclear weapons. Nuclear disarmament will thus both contribute to reformed domestic, regional and international political orders and benefit from wider, progressive change at each of these levels.
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Lefevre, Peggy. "'Can International Law Achieve the Effective Disarmament of Chemical Weapons?'." University of Canterbury. School of Law, 2007. http://hdl.handle.net/10092/850.
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Chemical weapons are a threat to international security. According to an international convention, the Chemical Weapons Convention (CWC), all chemical weapons fall under a stringent and irreversible disarmament regime that seeks the abolition of the use and existence of chemical weapons altogether. The CWC is considered to be the first verifiable disarmament treaty; furthermore, it targets an entire category of Weapons of Mass Destruction (WMD). Unfortunately there is a gap between the legal requirements of the CWC disarmament regime and its implementation. This gap between the theoretical and practical aspects of disarmament implies a practical, result-based approach to disarmament throughout this study; it raises doubts about the feasibility of chemical weapons disarmament under international law. The central question of this study is whether international law can achieve the effective disarmament of chemical weapons. A background on the chemical weapons disarmament regime is provided in this study. The legal control of chemical weapons follows a clear evolution, from the ban on the use of chemical weapons in conflicts to the international consensus to disarm them altogether. Concerning the legal control for chemical weapons, questions arise about the type of instrument suited for effective disarmament. As of August 2006 the CWC had been in force for nine years; it is considered to be a well-established treaty and benefits from a very broad membership. However, the disarmament of chemical weapons knows many political, technical and financial difficutlies. It is behind the schedule imposed by the CWC and weapons possessors struggle to meet the environmental and technical requirements provided in the CWC. Throughout this study these difficulties are examined and illustrated with case studies of the main weapons possessors. Such difficulties highlight numerous flaws in the legal regime, at the time of its constitution and during its implementation. Furthermore, they have serious implications for the credibility and authority of that regime. The chemical weapons disarmament regime, as well as other traditional arms control and disarmament instruments, currently evolves in a changing international security environment that is characterized by new threats. The CWC is challenged by new national and international security policies which rely less on traditional legal instruments and more on alternative, political instruments. The role of treaties such as the CWC is questioned and challenged, which in turn threatens the continuation of and commitment in chemical weapons disarmament. This study concludes with an analysis of the evolution of the chemical weapons disarmament regime in this changing environment, and proposes alternatives and changes that are more suitable for achieving effective disarmament. While the weaknesses of the chemical weapons disarmament regime must be acknowledged, it remains a useful security tool; there are no grounds to question its existence entirely.
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Scully, Kevin. "The Iranian nuclear standoff those who can help, won't." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2006. http://library.nps.navy.mil/uhtbin/hyperion/06Jun%5FScully.pdf.
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Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, June 2006.Thesis Advisor(s): Peter R. Lavoy, James A. Russell. "June 2006." Includes bibliographical references (p. 57-64). Also available in print.
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Wangwhite, Sherry W. "China's reactions to the India deal implications for the United States." Thesis, Monterey, Calif. : Naval Postgraduate School, 2007. http://bosun.nps.edu/uhtbin/hyperion-image.exe/07Dec%5FWangwhite.pdf.
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Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, December 2007.Thesis Advisor(s): Malley, Michael S. "December 2007." Description based on title screen as viewed on January 30, 2008. Includes bibliographical references (p. 79-87). Also available in print.
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Valdez, John. "Building More Bombs: The Discursive Emergence of US Nuclear Weapons Policy." Thesis, University of Oregon, 2018. http://hdl.handle.net/1794/23776.
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This dissertation investigates the social construction and discursive emergence of US nuclear weapons policy against the backdrop of the nuclear taboo and its associated anti-nuclear discourse. The analysis is drawn from poststructuralism with a focus on the discourses that construct the social world and its attendant “common sense,” and makes possible certain policies and courses of action while foreclosing others. This methodology helps overcome the overdetermined nature of foreign policy, or its tendency to be driven simultaneously by the international strategic environment, the domestic political environment, and powerful domestic organizations, and while being shaped and delimited by the discourses associated with the nuclear taboo. I apply this method to three different cases of presidential administration policymaking: Eisenhower, Reagan, and George W. Bush. In each, the analysis illuminates the coherent discourses that emerged, crystallized, and either became policy, or were usurped by competing discourses and their associated policies. I follow the actions of key actors as they stitched together existing discourses in new ways to create meaning for nuclear weapons and the US arsenal, as well as to limit what could and should be done with that arsenal. The case studies reveal the content of the strategic international, domestic political, organizational, and normative bases of US nuclear weapons policy. These results suggest that most challenges to the nuclear policy status quo emerge from new presidents whose own discourse is built upon personal conviction and critiques of their predecessors. Upon taking office, these sources compete with discourses emerging from organizations, especially the nuclear weapons complex, and anti-nuclear forces including: activists, the scientific community, the international public, US allied governments, and the US public. It was this political conflict and confrontation that made possible the pattern of nuclear weapons policy that characterized each administration. This work points to the strength of the nuclear taboo, and the effort that must be expended for its associated discourses to impact presidential policymaking. This insight provides an opening for managing the nuclear threat posed by the Trump administration’s new nuclear weapons policy.
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Minamide, Alyssa M. "Deterring Nuclear Attacks on Japan: An Examination of the U.S.-Japan Relationship and Nuclear Modernization." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/1165.
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This paper evaluates the effectiveness of the U.S. nuclear weapons arsenal in covering security commitments with its foreign allies, particularly Japan. The U.S. has promised to defend allies all over the world with nuclear forces, and consequently has been forced into a delicate and precarious position. President Barack Obama wants to reach nuclear zero, which would make the world safe from nuclear destruction in the future; yet he also wants to provide security for allied nations in the present, using the
very weapons he has marked for destruction. And he is facing an aging Cold War-era nuclear arsenal that needs serious repairs and upgrades in order to remain a credible and capable deterrent.
This paper argues that while the U.S nuclear posture up to this point has been satisfactory enough to prevent panic and ensure protection of Japan, the evolving nuclear posture from this point onward will strengthen the credibility of existing security commitments, deter potential attackers, and give Japan the confidence to become a more coordinated partner in the relationship. Components of the paper include the evolution of U.S. nuclear strategy and deterrence, the three historical occurrences of tensions between the U.S. and Japan over nuclear issues, and the current concerns and actions in the alliance today.
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Parrish, Olina. "Autonomous Lethality: Regime type, international law, and lethal autonomy in weapons." Thesis, The University of Sydney, 2021. https://hdl.handle.net/2123/25466.
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Competition for military power and national security has long relied on technological prowess.
Autonomous weapons systems are often seen as the next ‘logical’ step in modern weapons
development. The use of lethal automated systems – with some autonomous decision-making
– is already a reality. These autonomous weapons face opposition from civil society. There is
widespread concern that they will bring about inhumane and unethical forms of combat
conducted by robots with no accountability. The Law of Armed Conflict provides a framework
for ethical conduct in conflict. However, these laws were written to apply to human entities. Its
key concepts, such as the discrimination of target type, may not easily transfer to autonomous,
non-human systems. Additionally, states may not abide by these laws when developing
autonomous weapons. Accountability gaps and differences in legal interpretation give rise to
the question of whether autonomous weapons can be used without consequence under
international law. This project analyses past state behaviour to provide insight into states
willingness to abide by the Law of Armed Conflict when developing autonomous weapons. I
study two states with different regime types: The United States of America (democratic) and
Russia (authoritarian). I find that international law has a different impact in these different
political environments. Both realist and institutionalist perspectives on regime type find some
support in the impact of international law on autonomous weapons. A state’s self interest in
bending or disregarding international law to obtain military capabilities are well documented.
However, the existence of democratic processes and laws suggests that international
institutions can shape some state behaviour, at least in democracies. There may also be
situations where it is advantageous to abide by international law. That I find past instances of
both democratic and authoritarian regimes disregarding international law suggests that, for
future development of autonomous weapons, we can expect these states to overlook
international law again, despite their different regime types.
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Jefferson, Catherine. "The Taboo of Chemical and Biological Weapons : Nature, Norms and International Law." Thesis, University of Sussex, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.506941.
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Smeets, Max. "Going cyber : the dynamics of cyber proliferation and international security." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:ab28f9fc-dd21-4b34-809e-e0d100125e84.
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For over a decade, we have heard alarming statements about the spread of cyber weapons from senior policymakers and experts. Yet, the dynamics of cyber proliferation are still under-studied and under-theorized. This study offers a theoretical and empirical account of what causes the spread and restraint of cyber weapons and argues that the world is not at the brink of mass cyber proliferation. Whilst almost forty states are exploring and pursuing the development of cyber weapons, I indicate that only few have so far acquired a meaningful capability. This is due both to supply and demand factors. On the supply-side, most states have a latent capacity to develop relatively simple offensive cyber capabilities, but are unable to develop sophisticated cyber weapons. Moreover, the incentives for knowledge transfer and thus exporting offensive cyber capabilities between states are weak. On the demand-side, I show that national security considerations do not provide the best explanation of variance. Instead, domestic politics and prestige considerations are paramount. Moreover, and unlike nuclear proliferation, I argue that it is not the possession of cyber weapons but the intention of possession signalled through visible initiatives which matters. Ultimately, I note that cyber weapons can have strategic value - but only under certain conditions.
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Welty, Tyler. "Nukes and Niceties: North Korea’s Warming Tensions and Growing Nuclear Power." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/cmc_theses/2035.
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North Korea began opening an the path towards warmer international relations policy in early 2018, after making several threats against the United States and a series of missile test launches and nuclear tests. This paper argues that North Korea is warming relations because they identify as a nuclear state. If a country as openly hostile towards the United States as North Korea believes itself a nuclear power, then any diplomatic act is made with the knowledge that North Korea has the ability to attack the United States if anything goes wrong. North Korea knows that the United States would have more reasoning to deal diplomatically with the country instead of aggressively when these actions could risk mutually assured destruction.
The paper explores the history of North Korea and their nuclear abilities to see if these actions could be predicted given their past behavior. Next the paper explores international relations on why states cooperate and how nuclear weapons have effected state behavior. Then a variety of case studies of U.S. interactions with new nuclear powers seek to predict how the United States will interact with North Korea as s new nuclear power based off of previous dealings with other emerging nuclear states. The paper concludes that North Korea has the right to claim themselves as a nuclear state and craft agreements under the pretense of nuclear brinkmanship. However, the United States will not likely give up their policy of nonproliferation or easily accept North Korea's status. As a result, in line with both North Korea's own cyclical history of hostility and diplomacy, and realist motivations behind policy, it is unlikely that the current rounds of warming tension between the United States and North Korea will continue.
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Kim, Su-kwang. "Nuclear options for a unified Korea : prospects and impacts /." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2000. http://edocs.nps.edu/npspubs/scholarly/theses/2000/Dec/00Dec_Kim.pdf.
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Busuttil, James J. "Naval weapons systems and the contemporary law of war /." Oxford : Clarendon press, 1998. http://catalogue.bnf.fr/ark:/12148/cb37552708d.
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Watzlawick, Annatina. "An analysis of the choice and use of weapons by Russia and Georgia in the 2008 South Ossetia conflict." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20804.
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In this minor dissertation, the use and choice of weapons employed during the armed conflict between Georgia and Russia in 2008 over South Ossetia will be analysed. Due to the fact that cluster munitions were used by both parties, and that they are a controversial weapon with regard the principles regulating the use and choice of weapons, section I of this dissertation will focus on them and their regulation in international law. Section II will focus on the facts concerning the 2008 conflict over and South Ossetia. Section III will look at the international humanitarian laws applicable and relevant to this dissertation. In sections IV, V, and VI arguments will be raised in order to attribute violations of international humanitarian law to Georgia, while countering foreseeable arguments which could be invoked against Russia. This dissertation will therefore only analyse the provisions when they are pertinent to that aim. The desired outcome of proceeding in such a manner is that since both the viewpoints of the claimant and the defendant will be analysed, an extended and well-rounded view on the law, its interpretation, controversies, opinions of established scholars and jurisprudence, will be given. The relevant principles relating to the use and choice of weapons which will be analysed are: the principle of discrimination (section IV), the principle of proportionality (section V), as well as the prohibition to cause superfluous harm (section VI). Certain specific issues such as human shields will also be looked at in the analysis of a particular attack. In the analysis of this conflict, both well-established arguments, as well as controversial or disputed ones, will be presented in order to support either side. This analysis will argue that Georgia violated international humanitarian law, while defending Russia's conduct, however, the arguments presented will remain coherent and not contradict each other. This paper's scope will be limited to analysing attacks which are sufficiently documented and imply a problem of use and choice of weapons; as opposed to the ones which solely purport an issue of military objective and were hit by a precise missile. Indeed, this dissertation focuses more on controversial weapons and whether they violate international humanitarian law solely by their inherent nature, that is, the mere choice of using them would be in violation of the law; or by their specific use in the attack. The four attacks analysed will allow an in depth analysis of the different aspects that the use and choice of weapons can entail; the 2 dissertation will therefore be limited to them and any further attack which do not bring to light any new arguments will not be investigated. The attacks which will be examined in the context of the conflict over South Ossetia occurred both in South Ossetia as well as non-disputed Georgian territory. These are: the one launched by Georgia using BM-21 Grads multiple rocket launchers on Tskhinvali and surrounding villages lasting from the night of the 7th of August until some point during the day of the 8th of August;1 the 9th of August attack where Georgia employed Mk-4 cluster munition rockets containing M85 submunitions over Gori district villages, the Roki tunnel and according to a witness, Dzara Road2; Russia's attack on Gori city on the 12th of August using an Iskander-M SS-26 cluster munition missile;3 as well as the firing of a few missiles on a school in Gori city by the Russian air force on the 9th of August.4 The entirety of the facts pertaining to the conflict are drawn from the report on the conflict carried out by Human Rights Watch entitled 'Up in Flames'.5 The analysis of the relevant provisions will proceed as follows: the rules will be analysed one by one, following the general introduction to the rule, general statements regarding its interpretation and application, the law will then be applied to the different attacks, given that enough facts are provided and that it pertains to the aim of the dissertation. If there are specific interpretations or applications of the law which are only relevant to one attack, it will be mentioned directly under said attack.
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Zak, Chen. ""Neither illusion nor despair" : strengthening the International Atomic Energy Agency's (IAEA) effectiveness in deterring and detecting non-compliance followng the adoption of "Program 93+2" /." Thesis, Connect to Dissertations & Theses @ Tufts University, 2004.
Find full textAbstract:
Thesis (Ph.D.)--Tufts University, 2004.Submitted to the Fletcher School of Law and Diplomacy. Includes bibliographical references (leaves 571-601). Access restricted to members of the Tufts University community. Also available via the World Wide Web;
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Apolevič, Jolanta. "The Impact of the Principles of International Environmental Law on Nuclear Law." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2014~D_20140922_141136-97141.
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The thesis presents an investigation of the direct and indirect impact of environmental legal principles on international nuclear law and the regulation of nuclear activities, seeking to offer an up-to-date material for decision-making institutions and society on the main challenges that are necessary to overcome in order to reach the situation where nuclear energy could in the most effective way contribute to the implementation of environmental aims and where the environment could be adequately protected against any risks of the possible transboundary damage caused by nuclear activities developed for peaceful purposes (the analysis carried out in the thesis adopts an ecocentric rather than anthropocentric approach). The environmental legal principles chosen as an object for the analysis are those that provide for the guidelines and directions for the development of the international norms of nuclear law as well as lay down the regime for protecting natural environment (environmental safeguards) and international liability for environmental damage caused as a result of nuclear activities (i.e., the principles of cooperation, sustainable development, prevention, precaution, polluter pays, and the principle of information). After defining the points of interaction between international environmental law and nuclear law, the analysis proceeds with the examination of problems related to the evolution of environmental legal principles and their perspectives in the area of the... [to full text]Disertacijoje nagrinėjama tiesioginė ir netiesioginė aplinkos teisės principų įtaka tarptautinei branduolinei teisei ir branduolinės energetikos objektų reguliavimui, siekiant informuoti sprendimus priimančias institucijas ir visuomenę apie pagrindinius iššūkius, kuriuos reikia įveikti siekiant, kad branduolinė energetika kiek įmanoma veiksmingiau prisidėtų įgyvendinant aplinkosauginius tikslus, o aplinka būtų tinkamai apsaugota nuo taikiais tikslais vystomos branduolinės veiklos keliamos tarpvalstybinės žalos rizikos (analizės metu vyrauja ekocentrinis, o ne antropocentrinis požiūris). Analizės objektu pasirinkti tie aplinkos teisės principai, kurie numato gaires tarptautinėms branduolinės teisės normoms plėtotis, nustato gamtos apsaugos režimą (saugiklius) bei tarptautinę atsakomybę, atsirandančią dėl branduolinės energetikos objektų sukelto žalingo poveikio aplinkai (t.y. bendradarbiavimo, darnaus vystymosi, prevencijos, atsargumo, teršėjas moka ir informavimo principai). Nurodžius tarptautinės aplinkos teisės ir branduolinės teisės sąlyčio taškus, toliau nagrinėjamos problemos dėl aplinkos teisės principų raidos ir perspektyvų branduolinės energetikos objektų reglamentavimo srityje, pateikiama susijusi nacionalinių ir tarptautinių ginčų sprendimo institucijų dėl branduolinės energetikos objektų praktika, atsakoma į klausimą, kuris iš minėtų aplinkos teisės principų veikimo modelių – tiesioginis ar netiesioginis – yra veiksmingesnis siekiant įgyvendinti užsibrėžtus... [toliau žr. visą tekstą]
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Kumari, Deepshikha. "Evaluating India's possession of nuclear weapons : a study of India's legitimation strategies and the international responses between 1998-2008." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:85bdfbac-4bb5-4d6b-a0cf-0981b3c0277c.
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The scope of the thesis is to study India's nuclear behavior and the international responses in the period following India's nuclear weapons tests in 1998 leading up to the waiver for India by the nuclear suppliers group in 2008. The thesis explores this process of nuclear reconciliation in the context of a quest for international nuclear legitimacy. Nuclear legitimation is understood as a two-sided process and the explanation assumes two sides to the story: the Indian side and the audience side. Grounding the conceptualization within a theoretical framework of constructivism, the thesis explores the legitimation strategies employed by the Indian government to assuage international apprehensions about its possession of nuclear weapons. Additionally, the thesis analyzes how and why selected states in the international audience received and responded to India's strategies. In doing so, the thesis acknowledges but goes beyond an apparent power and interest explanation underlined by geo-political/security considerations and economic/trade interests - to include an analysis of shared norms and beliefs that constituted a basis for legitimacy judgments, circumscribed the interaction between India and other states, induced certain responses on the audience side and made possible certain claims on the Indian side. The principal argument is that normative evaluations and ideational factors served as important resources on both sides and also played an important role in determining the timing as well as the nature of nuclear reconciliation with India. By allowing a strategic employment of different arguments that appealed to the different states in the targeted audience, a legitimation process reduced the political, economic and diplomatic costs for the Indian government. Similarly, it enabled other states in the audience to support (as the P3: France, Russia and United Kingdom did), not come in the way (as the game-changers: Australia, Canada, Germany and Japan did) or not block India-specific waiver (as the white knights: Ireland, Austria, Norway, New Zealand, Sweden and Switzerland did) - and to justify their responses, cost-effectively.
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Jabbari, Gharabagh Mansour. "Use of weapons against civil aircraft : case study of IR655 in the light of international law." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=69534.
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Iran Air Flight 655 was terminated by two missile attack on July 3, 1988. The aim of this study is to analyze the aeronautical incident of July 3, 1988 (IR655) from the point of view of general international law and air law. Specific attention is given to the consideration of the case by the Council of ICAO, the legal coordination of civil/military flight operation and the legal status of NOTAM.The study also comments on the concept of self-defense in international law and responsibility of state.
The conclusion outlines the scope of the decision of the Council and compares it with the Council's previous decisions.
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Baillie, Robbie W. "The utility of Jakobsen's ideal policy as a strategy of coercive diplomacy to prevent states attaining nuclear weapons." Thesis, University of Warwick, 2016. http://wrap.warwick.ac.uk/80879/.
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Jakobsen’s ideal policy is a strategy of coercive diplomacy that comprises of a credible threat of force to defeat the opponent or deny him his objectives quickly with little cost, a deadline for compliance, an assurance to the adversary against future demands and an offer of carrots/incentives for compliance. Although derived to understand why Western coercive diplomacy had failed to make aggressors stop or undo their actions; Jakobsen claimed the logic of the ideal policy should remain valid for preventing acquisition of Weapon of Mass Destruction. In 2006 North Korea conducted a nuclear test, signifying the failure of the Treaty for Nuclear Non-proliferation and US coercive diplomacy. However, in 2003 Libya took the decision to surrender its WMDs. Arguably Libya’s decision was an example of US coercive diplomacy backed by credible threat, demonstrated by the US invasion of Iraq. Nuclear proliferation is one of the most significant issues in international security; therefore, developing effective counter proliferation strategies is of interest to academics and policymakers. Using Jakobsen’s ideal policy as a framework this study conducts a focussed structured comparison of US coercive diplomacy, from 1992-2006, aimed at preventing North Korea and Libya from obtaining a nuclear weapon. It is the only independent study to use Jakobsen’s ideal policy to conduct a comparison. Furthermore, it contains first-hand accounts from policy makers involved in the cases. The key finding is states do not employ a form of coercive diplomacy in the form of the ideal policy over the issue of nuclear proliferation, as they are unwilling to set deadlines and make direct threats. The thesis argues that the ideal policy has utility as an analytical framework to conduct a structured comparison; however, cannot be used to form accurate predictions of whether a strategy will be successful.
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Okowa, Phoebe Nyawade. "State responsibility for transboundary air pollution in international law." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.359957.
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Ejzenberg, Wolf. "Desarmamento nuclear." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-10092015-163652/.
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Esta dissertação aborda o tema do desarmamento nuclear, numa tentativa de compreender a dinâmica pela qual o desarmamento se opera em nível internacional. A limitação à questão nuclear permite descrever o aparato jurídico-institucional existente para obter o abandono das armas nucleares e, ao mesmo tempo, identificar quais são e como se manifestam os obstáculos para sua concretização. A pesquisa toma como referência inicial o ensaio À Paz Perpétua, de Immanuel Kant, especialmente por suas proposições para sobrepor imperfeições da realidade atual por meio de uma evolução pautada pela razão e pela moral. No projeto kantiano, o filósofo acaba concebendo bases que podem ser úteis como referência para o fortalecimento gradual do desarmamento nuclear. A pesquisa contextualiza, assim, o surgimento das armas nucleares e a evolução da era nuclear, procurando identificar em que medida sua existência é contrária a um convívio harmonioso internacionalmente. Por se tratar de um trabalho jurídico, a parte central da dissertação é composta por detalhada análise dos tratados, convenções, organismos, resoluções e decisões judiciais internacionais relacionados ao controle e tentativa de banimento das armas nucleares. A avaliação crítica desses mecanismos jurídicos permite verificar um processo de evolução gradual, semelhante à que é concebida no ensaio de Kant para a obtenção da Paz Perpétua. Assim, apesar de representarem passos concretos rumo à meta do desarmamento nuclear, sendo interessante verificar como esses passos se retroalimentam fomentando bases mais sólidas para a busca desse fim, eles ainda são marcados por graves imperfeições e fragilidades. Com o intuito de compreender mais adequadamente os obstáculos enfrentados para o aprimoramento e pleno funcionamento do aparato jurídico desenvolvido em torno dessa problemática, a pesquisa é complementada pela análise de questões atinentes às Relações Internacionais, por meio da utilização de diversas referências bibliográficas e análise de contextos políticos específicos, possibilitando melhor compreensão de como os elementos políticos interferem para a plena consecução das normas estabelecidas internacionalmente. Essa compreensão é essencial para possibilitar passos adicionais na busca do banimento completo das armas nucleares.This dissertation discusses nuclear disarmament in an attempt to understand the dynamics by which it operates internationally. Limiting its scope to the nuclear issue makes it possible to describe the existing legal and institutional apparatus required to forgo nuclear weapons and, at the same time, identify what are and how behave the obstacles posed against its accomplishment. The research uses as its initial reference Immanuel Kants essay Perpetual Peace, particularly its propositions about overcome shortcomings of the present by means of an evolution guided by morals and reason. Kant establishes foundations that can be useful to gradually strengthen the means to bring about full nuclear disarmament. Thus, this research contextualizes the emergence of nuclear weapons and the ascent of the nuclear age, seeking to assess to what extent these weapons are deleterious to a peaceful international environment. The central part of the dissertation is a detailed evaluation of the international treaties, conventions, organisms, resolutions and judicial decisions related to nuclear non-proliferation and disarmament, which allows to verify a gradual evolution similar to the one conceived by Kant in order to obtain Perpetual Peace. Despite these developments can be interpreted as concrete steps towards the nuclear disarmament goal, they are still imperfect and fragile. Aiming to understand properly what are the obstacles against theirs full effectiveness, it was also developed an analysis regarding international relations and politics, basing upon relevant authors and specific political backgrounds, allowing a better comprehension of the interferences presented against the total accomplishment of the international norms. This understanding is essential to allow additional steps in pursuit of the complete proscription of nuclear weapons.
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Nash, Arnold W. "Intelligence reform and implications for North Korea's Weapons of Mass Destruction Program." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2005. http://library.nps.navy.mil/uhtbin/hyperion/05Sep%5FNash.pdf.
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Thesis (M.A. in Security Studies (Defense Decision-making and Planning))--Naval Postgraduate School, September 2005.Thesis Advisor(s): Peter R. Lavoy. Includes bibliographical references (p. 85-96). Also available online.
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Farmer, Michael L. "Why Iran proliferates." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2005. http://library.nps.navy.mil/uhtbin/hyperion/05Sep%5FFarmer.pdf.
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Kötter, Wolfgang. "Anwendung oder Nichtanwendung von Kernwaffen? : Ein Streit mit weit reichenden Konsequenzen." Universität Potsdam, 2002. http://opus.kobv.de/ubp/volltexte/2006/947/.
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The question of use or non-use of nuclear weapons has suddenly got new prominence as
part of the search for an effective strategy against international terrorism. This dispute is
not new. Within the deterrence strategy, American and NATO nuclear weapons policy
over the years shifted from massive retaliation over flexible response towards nuclearweapons only as a last resort. In the multilateral framework, deliberations have focussed on positive and negative assurances for non-nuclear weapons states. The International Court of Justice, in its Advisory Opinion, considers the use of nuclear weapons as generally contrary to the rules of international law. Today, there are strong indications that the U.S. is moving towards giving nuclear weapons a war-fighting role. For future wars, the likelihood of nuclear weapons being used would grow considerably.
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Powell, Maria Elena. "The evolution of international restraints on chemical weapons and land mines : the interplay between international humanitarian law and arms control." Thesis, University of St Andrews, 1997. http://hdl.handle.net/10023/15359.
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Weapons are acquired to protect the national security interests of the state: they may be used to settle disputes between one state and another, or they are accumulated as a defensive precaution to dissuade any future or offensive military action. Quite often, weapons are used in great quantities in various internal conflicts to the detriment of the individual, both civilian and combatant. Over time, the international community has developed certain humanitarian principles, norms, treaties and control mechanisms to reduce tensions between states, and to lessen the consequences of unrestrained weapons use. International Humanitarian Law (IHL) or the Law of War seeks to regulate or prohibit the use of particular weapons based on the principle that the means of injuring one's enemies are not unlimited, and that there should be restraints on weapons which are indiscriminate or cause unnecessary suffering. Arms control and disarmament law seeks to limit or even prohibit the use, transfer or trade, production, and stockpiling of certain weapons. There is an interplay between these two approaches when the weapon in question is being restrained because of its perceived nature. Two weapons that have evoked calls for prohibition or restriction because of their pernicious nature are chemical weapons and land mines. Currently, in the Post-Cold War security environment, both these weapons are high on the international political and security agenda rendering them relevant subjects for a comparative study. This thesis examines the respective histories of these regimes of restraint and attempts to determine what lessons may be drawn in comparing efforts to place legal prohibitions on so-deemed inhumane or intolerable weapons. By examining the main similarities and differences in responses to chemical weapons and land mines, it may possible to understand what criteria are necessary for prohibiting a weapon on humanitarian grounds.
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Holloway, Joshua T. "Help, Hinder, or Hesitate: American Nuclear Policy Toward the French and Chinese Nuclear Weapons Programs, 1961-1976." Bowling Green State University / OhioLINK, 2019. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1555692933625691.
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Boelaert-Suominen, Sonja Ann Jozef. "International environmental law and naval war : the effect of marine safety and pollution conventions during international armed conflict." Thesis, London School of Economics and Political Science (University of London), 1998. http://etheses.lse.ac.uk/2608/.
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The cornerstone of modern International Environmental Law is the prohibition of transfrontier pollution, according to which States have the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States, or of areas beyond national jurisdiction. In addition, there is now a substantial body of international treaties laying down detailed regimes for various environmental sectors. Recent international conflicts have raised fundamental questions about the relationship between International Environmental Law and armed conflict. The notion that the rules of general International Environmental Law continue to apply during armed conflict is now well accepted. But the principles which are usually cited, remain at a very high level of abstraction. This thesis examines the extent to which international law has developed more detailed rules to protect the environment in international armed conflict. After a discussion of the main legal issues, the thesis concentrates on the marine environment, examining the relationship between naval warfare on the one hand, and multilateral environmental treaties on marine safety and prevention of marine pollution on the other. It concludes that the majority of these treaties do not apply during armed conflict, either because war damage is expressly excluded, or because the treaties do not apply to warships. As for the treaties that are in principle applicable during armed conflict, the analysis shows that, under international law, belligerent and neutral States have the legal right to suspend those treaties, wholly or partially. Finally, the author concludes that very few of the treaties considered take the new law of armed conflict into account, and that there remains a need for more detailed rules on environmental standards for military operations.
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Wood, John Randolph. "Mitigating proliferation : an assessment of nonproliferation institutions, international law, and preemptive counterproliferation intervention /." Thesis, Connect to Dissertations & Theses @ Tufts University, 2004.
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Thesis (Ph.D.)--Tufts University, 2004.Submitted to the Fletcher School of Law and Diplomacy. Includes bibliographical references (leaves 271-290). Access restricted to members of the Tufts University community. Also available via the World Wide Web;
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Hubbard, Christopher. "From ambivalence to activism: Australia and the negotiation of the 1968 Nuclear Non-Proliferation Treaty." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2001. https://ro.ecu.edu.au/theses/1517.
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This Dissertation presents a study of Australia's involvement in the negotiation and early interpretation of the 1968 Nuclear Non-Proliferation Treaty (NPT), an instrument which remains the most important global nuclear arms control measure in international law. Using data from recently released Australian government documents, the study analyses the process by which Australia was transformed from an ambivalent nuclear sceptic within the Western alliance, into a steadfast global campaigner against the spread of nuclear weapons. It concludes that Australia's urgent search during 1967 and 1968 for coherence in its policy on nuclear weapons acquisition, largely played out within sections of the Australian bureaucracy and political leadership, was not only the catalyst for that transformation, but also an important step in Australia's search for "middle power" status in both a regional and wider sense. The study uses an interdisciplinary theoretical model which asserts the complementary nature of international law and international relations theory in explanations of relations between states. That model proposes that each discipline is capable of enhancing the insights of the other, in order to account - more closely in concert than each does individually - for the rule-following behaviour of nation-states. Beginning in Chapter One with a critique of the NPT and the regime of institutions and understandings which surround it, the study moves, in Chapter Two, to a review of the domestic and international context in which Australia's nuclear weapons policy debate was conducted, while introducing the elements of division within the Australian federal bureaucracy which largely prosecuted that debate. Chapters Three and Four analyse the debate in detail, concluding that its inconclusive result induced Australia's refusal to agree to America's request for immediate accession to the NPT. This, in tum, resulted in Australia exercising, through its recalcitrance, disproportionate influence over the US on the interpretation of the terms of the treaty. Chapter Five moves analysis to the international arena, and the forum of the United Nations General Assembly, in which Australia finally found the limit of America's willingness to accommodate the concerns of a small but significant Western ally located in a region of strategic importance. Chapter Six examines the process by which Australia's influence over the US on the interpretation of the terms of the NPT was translated into guidance to other nuclear threshold states through the Western alliance. It also examines the level of influence exerted by Australia through its bilateral discussions with other states over the terms of the treaty. It concludes that Australia, mainly through the former process, could claim a significant role in the formulation of the world's most important multilateral nuclear convention through its insistence on interpretative clarity. Finally, the study draws general conclusions on the significance of Australia's nuclear weapons debate for its aspirations to "middle power" status. It concludes that its indisputable leadership role, after 1972, in global nuclear disarmament efforts of many kinds, is an example of that status. Its most important theoretical conclusion concerns the demonstrated utility of an interdisciplinary model for the study of relations between states.
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Mirzaei, Yengejeh Saeid. "Law-Making by the Security Council in Areas of Counter-Terrorism and Non-Proliferation of Weapons of Mass-Destruction." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/35536.
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The purpose of this thesis is to determine whether the Security Council has opened a new avenue for law-making at the international level by adopting resolutions under Chapter VII of the UN Charter which create new norms of international law or modify international norms already in force (the normative resolutions). The normative resolutions analyzed in this study pertain to the areas of counterterrorism and the non-proliferation of weapons of mass-destruction. The new approach of the Security Council has been examined in light of the Third World Approaches in International law (TWAIL), as well as from the viewpoint of mainstream lawyers. Furthermore, 15 years of State practice relating to the implementation of these normative resolutions has been studied with a view to determining whether subsequent State practice confirms the exercise of a law-making function by the Security Council.
Despite some incremental success in promoting international standards in the fight against terrorism, this thesis illustrates that the Security Council has not succeeded in introducing a new viable form of law-making. The Security Council’s authority to exercise such a function is now under serious doubt and its legitimacy questioned, as its normative resolutions were improperly initiated and adopted under the influence of a Permanent Member of the Security Council. Furthermore, the Security Council’s intervention in areas that are already highly regulated runs the risk of contributing to the fragmentation of international law—a phenomenon that undermines the coherence of international law. Currently, the Council’s normative resolutions are facing serious challenges at the implementation stage and several proceedings before national and regional courts have either directly challenged the normative resolutions, or questioned their enforceability. The Security Council is under continued pressure to further revise its practice or potentially face additional challenges before national, regional, and even international courts which may annul or quash relevant implementing measures. Thus, in light of relevant State practice, it is almost inconceivable that the Security Council would repeat its use of normative resolutions as a means of law-making in the future.
Nevertheless, the increasing powers of the United Nations Security Council also stimulates an increasing demand to hold the United Nations accountable for the possible wrongful acts of its principal organ, particularly when its decisions harm individuals. It is argued that in the absence of a compulsory judicial mechanism at the international level, non-compliance with the Council’s decisions is the only viable way to challenge the Security Council wrongful acts. Yet, non-complying State or group of States should clearly identify their actions as countermeasures vis-a-vis ultra vires acts of Security Council and seek support from other like-minded States to avoid being declared recalcitrant, which may be followed by Security Council sanctions.
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Negm, Namira Nabil. "Transfer of nuclear technology under international law : case study : Iraq, Iran and Israel." Thesis, University of London, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.435472.
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Madson, Peter N. "The sky is not falling regional reaction to a nuclear-armed Iran." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2006. http://handle.dtic.mil/100.2/ADA445779.
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Thesis (M.A. in National Security Affairs)--Naval Postgraduate School, March 2006.Thesis Advisor(s): Lavoy, Peter R. "March 2006." Description based on title screen as viewed on January 16, 2008.. Includes bibliographical references (p.83-91). Also available in print.
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O'Neil, Kimberly. "Nuclear fusion: The political economy of technology in France and Germany." Thesis, University of Ottawa (Canada), 1993. http://hdl.handle.net/10393/6737.
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Rajashekaran, Dhruv. "Is Pursuing Nuclear Energy in India's Strategic Interest?" Thesis, Webster University, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=1526151.
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As a developing country with the second largest population in the world, India's energy needs will continue to grow steadily in the coming decades. A significant proportion of India's oil, coal and natural gas are imported because of a dearth of indigenous energy resources. This creates a situation of energy dependence and is a potential national security issue. As a result, the government is embarking on an ambitious plan to have nuclear power generate 25% of electricity in 2050 – up from 3.7% in 2012. The aim is to be running on thorium fast-breeder reactors, that are currently in development, by that time. India's vast reserves of thorium would mean that this would improve energy security, while also improving access to energy for the large part of its population that remains without it.
However, nuclear energy is controversial. Issues of safety and viability must be addressed adequately if nuclear energy is to be pursued. Civil-society concerns about the displacement of people and the degradation or changes in environment around plants and its consequences must also be appropriately addressed. The aim of this paper is to ascertain if it is indeed in India's strategic interest to invest in nuclear energy. Within a theoretical framework of energy security the paper will seek to identify what changes should be made in the sector to guide and manage the process of expanding nuclear-power generation is also important if prescribing this course of action.
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Ohlendorf, Alex Kenchi. ""Do as I say, not as I Do": An Examination of the Impact the United States has on Nuclear Weapons Norms." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1796.
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This thesis explores the reputation that the United States has for supporting and promoting three norms related to nuclear weapons: nonproliferation, non-use, and deterrence, while simultaneously examining the impact that United States actions can have on the saliency of the norms themselves. Ultimately, the United States has the ability to considerably impact the saliency of international nuclear norms, and has encouraged other states to accept and abide by them. However, there exists a disparity between the words and actions of the United States. In effect, the United States may “talk the talk” by expressing support and attempting to influence other states to abide by nuclear norms, but has shown a reluctance to “walk the walk” by failing to demonstrate behavior that is in full accordance with the norms. This disparity between words and actions has the ability to damage the United States’ reputation as a leader of nuclear norms, and can ultimately diminish their saliency to the international community.
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Seo, Hyunjin. "Media coverage of six-party talks a comparative study on media content and journalists' perceptions /." Diss., Columbia, Mo. : University of Missouri-Columbia, 2007. http://hdl.handle.net/10355/5005.
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Thesis (M.A.)--University of Missouri-Columbia, 2007.The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on September 30, 2008) Includes bibliographical references.
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Shefloe, Scott. "The proliferation security initiative and United Nations Security Resolution 1540: international law and the world's recent efforts to combat proliferation of weapons of mass destruction." Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21991.
Full textAbstract:
Efforts to combat the proliferation of weapons of mass destruction (WMD) have existed ever since the first WMD were created. In recent years, the proliferation of WMD has been recognized as a threat to international peace and security. The recognition of this threat led to recent efforts by the international community to create two new mechanisms for combating the proliferation of WMD. The new mechanisms are the Proliferation Security Initiative and United Nations Security Council Resolution 1540. These new mechanisms were instituted to fill gaps in the existing nonproliferation regime, though they approach nonproliferation by different methods. One utilizes a small voluntary coalition, while the other imposes mandatory obligations of a universal nature. Both were created through international legal methods, but arguably exist due to novel legal authorities. Their bases in international law will be crucial to their effectiveness in the nonproliferation regime. If they do not adhere to existing international law and comport with the existing nonproliferation regime, then their success in combating WMD proliferation will be limited. This thesis provides background on the nonproliferation regime and these two recent mechanisms and then analyzes their adherence to international law. I then argue that in order for a WMD non-proliferation instrument to be successful, it must comport with international law. In this respect, Resolution 1540 may be superior to The Proliferation Security Initiative.Depuis l'apparition des toutes premières armes de destruction massive (ADM), des efforts sont déployés pour contrer leur prolifération. Depuis quelques années, il est reconnu que la prolifération des ADM constitue une menace envers la paix et la sécurité internationale. La reconnaissance de cette menace a incité la communauté internationale à créer deux nouveaux mécanismes pour combattre la prolifération des ADM, soit l'Initiative de sécurité contre la prolifération et la résolution 1540 du Conseil de sécurité de l'ONU. Ces mécanismes ont été mis en place pour combler les lacunes présentes dans le régime de non prolifération, mais ils abordent la non prolifération à l'aide de méthodes différentes. Le premier se fonde sur une petite coalition de volontaires, tandis que l'autre impose des obligations à teneur universelle. Les deux mécanismes ont été créés à l'aide de moyens juridiques internationaux, mais on peut considérer qu'ils existent en fait depuis l'émergence de nouvelles autorités légales. Leur enracinement dans le droit international sera crucial pour assurer leur efficacité au sein du régime de non prolifération. Si ces mécanismes ne se conforment pas au droit international et qu'ils concordent avec le régime de non prolifération actuel, leur efficacité pour contrer la prolifération des ADM sera restreinte. La présente thèse propose une étude des fondements du régime de non prolifération et de ces deux nouveaux mécanismes, pour ensuite analyser leur conformité respective au droit international. Je soumet ensuite que pour assurer le succès d'un instrument contre la prolifération des armes de destruction massive, il faudra que cet instrument se conforme au droit international. Sur cette considération, la resolution 1540 de l'ONU est peut-être bien superieur a l'Initiative de sécurité contre la prolifération.