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

ISBN-13: 9781107009714 / Angielski / Twarda / 2012 / 300 str.

Daniel H Joyner

Opis

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.

Recenzje

'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

Spis treści

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.