Interpreting the Nuclear Non-Proliferation Treaty

Paperback | February 5, 2013

byDaniel H. Joyner

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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 underprioritization of the civilian energy development and disarmament pillars of the treaty. Thisbook 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 maintaintenance, and in some cases further development of the nuclear weapons arsenals ofnuclear-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 1969Vienna Convention on the Law of Treaties, that this disproportionate prioritization of the non-proliferation pillar of the Treaty leads to erroneous legal interpretations of the Treaty, prejudicing the legitimate legal interests of non-nuclear-weapon States.

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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,...

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).

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Format:PaperbackDimensions:200 pages, 9.21 × 6.14 × 0.68 inPublished:February 5, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199669945

ISBN - 13:9780199669943

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Table of Contents

Ambassador Mohamed Shaker, Chairman of the Egyptian Council for Foreign Affairs: ForewordIntroduction1. Nuclear Energy and International Law2. Approach to Interpretation3. Nuclear-Weapon States' Nuclear policy and Interpretation of the Non-Proliferation Treaty4. Legal Analysis of Nuclear-Weapon States' Interpretations of the Non-Proliferation Treaty5. Developments After 2008: Change and Continuity

Editorial Reviews

"It is time now to revive international cooperation to increase concensus on NPT interpretation, foster its implementation in all its aspects, and effectively ensure respect for its rules. Joyner's book is an excellent contribution to any such endeavour." --Dieter Fleck, European Journal of International Law