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The Law on Nuclear Weapons: An International Commentary

Edited by: William H. Boothby, Wolff Heintschel von Heinegg

ISBN13: 9781035357673
To be Published: May 2025
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £200.00



This book provides a uniquely clear and comprehensive statement of the law on nuclear weapons. It draws on the insight and input of a group of 15 experts from around the world and in so doing crafts an authoritative text that sets out not only the positions of a number of states but a carefully articulated guide to this complex area of law.

Under the general editorship of Bill Boothby, and building upon the platform of Boothby and Heintschel von Heinegg’s earlier work, this book addresses in much greater depth and detail, and with the authority endowed by the team of experts, how international law deals with the possession and use of nuclear weapons, as well as the deterrence policies associated with them. It presents an in-depth exploration of the law, detailing its implications and providing practical guidance on challenging issues. The book examines sovereignty, the threat or use of force, the conduct of nuclear hostilities, neutrality, weapons law, and war crimes, considering the impact of recent events and trends.

Key Features:

  • Provides a clear and comprehensive statement of the law on nuclear weapons
  • Discusses implications for nuclear command, control and communication policies
  • Features systematic coverage of the national doctrines of nuclear weapon States
  • Sets out 76 customary rules with commentary that articulate the scope of the field
  • Elains non-proliferation and prohibition treaties and compares their approaches
  • Documents the conflicting views of nuclear deterrent States and prohibitionist States, as well as the judgement of the International Court of Justice

Reflecting the complexities of nuclear weapons law in an objective and accessible manner, this book is an essential resource for legal practitioners in public international law and terrorism and security law, as well as government and military decision makers, nuclear policymakers, think tanks, and NGOs.

Subjects:
Public International Law
Contents:
List of experts x
Preface xiv
List of abbreviations xx
Table of cases xxiii
Table of legislation xxiv

1. Introduction to The Law on Nuclear Weapons 1
2. Important legal preliminaries 52
3. Resorting to the use of force in nuclear operations 68
4. International and non-international armed conflicts 109
5. The conduct of nuclear hostilities 118
6. Neutrality 222
7. Weapons law as it applies to nuclear weapons 231
8. Genocide, crimes against humanity and war crimes as they apply to nuclear operations 250
9. Published national doctrines of nuclear weapon States 277
10. The ICJ Advisory Opinion 327
11. Nuclear disarmament and arms control 339
12. Implications of international law for nuclear command, control and communications 362