Nuclear Weapons, Justice and Law

Elli Louka, in this timely written important book, skillfully presents, in a “realistic” language, a thorough and insightful examination of the nuclear non-proliferation order and the particularities of its governance in its various contexts. It is often argued that the nuclear non-proliferation order divides the world into nuclear-weapon-haves and have-nots creating a nuclear apartheid. Employing a careful and nuanced discussion of this claim, Elli Louka examines the complex, multi-level architecture of the nuclear non-proliferation order, the fairness and effectiveness of international and regional institutions and scenarios for the future of nuclear weapons, while throwing light on the connection between nuclear weapons and nuclear energy. thus offering a comprehensive and analysis of the dynamically evolving nuclear non-proliferation order interrelationship between. A sophisticated, theoretically-informed study of a complex issue, this book is a must-read for policymakers, researchers and those who wish to understand the intricacies and challenges of developing institutions to address the nuclear weapons threat.

Foreword W. Michael Reisman

List of Abbreviations

Chapter I. State of War

1. Conventional War
2. Unconventional War
3. Mass Destruction War I
4. Mass Destruction War II
5. Use of Space
6. Persistent Conflict

Chapter II. Risk Management in National Security Strategies

1. Strategies for Risk Management
2. Security Strategies of Nuclear Weapon States
3. Security Strategies of Threshold Nuclear Weapon States
4. View from the Outside
5. National Security Strategies and Global Transparency

Chapter III. Nuclear Weapons and Nuclear Energy: The Connection

1. From Chernobyl to Nuclear Renaissance
2. Using the Nuclear Fuel Cycle to Make Nuclear Weapons

Chapter IV. The Architecture of the Non-Proliferation Order

1. The Nuclear Non-Proliferation Treaty
2. The Safeguards System
3. Export Controls
4. Unleashing the Might of the Security Council
5. Making Exceptions: The Case of India
6. Outlawing Nuclear Testing
7. Zones and Areas Free of Nuclear Weapons

Chapter V. The Fairness and Effectiveness of the Non-Proliferation Order

1. Preemption and Precaution in the UN System and State Practice
2. Global Order
3. Global Justice and Nuclear Weapons
4. The Nuclear Non-Proliferation Order
5. Effectiveness of Non-Proliferation
6. Enforcement
7. The Future of Nuclear Weapons

Chapter VI. The Threat of Nuclear Terrorism: How to Make the World Proliferation Resistant

1. Loose Nukes and Illicit Networks
2. International Anti-Terrorism Legislation
3. Anti-Terrorism Initiatives
4. Nuclear Terrorism: The Unmet Challenge

Chapter VII. Just and Effective International Institutions

1. The Role of the International Atomic Energy Agency
2. The Structure of the International Atomic Energy Agency
3. Standards for Safety and Security
4. Who Controls the Fuel Cycle: Fairness of Cartels and Fuel Banks
5. An Effective International Atomic Energy Agency
6. Looking Back and Looking Ahead: The 2010 Review of Non-Proliferation

Chapter VIII. Just and Effective Regional Institutions

1. European Union Case Study: Euratom
2. Brazil-Argentina Case Study

Chapter IX. Can a Nuclear War be a Just War?

1. Nuclear Weapons and the Survival of States: The Opinion of the International Court of Justice
2. The Use of Nuclear Weapons in War: Principles of Humanitarian Law

Chapter X. Controlling Nuclear Weapons

1. The Military-Industrial Complex
2. Arms Control Instruments
3. Strategies for Nuclear Disarmament and Arms Control
4. Instruments of Nuclear Arms Control
5. The Open Skies Treaty
6. Anti-Ballistic Missile Treaty and Missile Defense
7. Verification of Disarmament
8. Prospects of a Fissile Material Cutoff Treaty

Chapter XI.  Enforcement, Preemption and Precautionary Self-Defense

1. Attacking Nuclear Reactors
2. Anticipatory Self-Defense and Preemption
3. The Role of Covert Operations
4. Enforcement and the Fairness and Effectiveness of Non-Proliferation
5. Precautionary Self-Defense and the World Order

Index

Dr. Elli Louka is the founder of Alphabetics, USA, and has worked with countries and companies on international law issues. She has been a Marie Curie Fellow, a Ford Foundation Fellow and Senior Fellow at Orville H. Schell, Jr. Center for International Human Rights at Yale Law School. She is the author of many publications on international law and policy including "Water Law and Policy: Governance without Frontiers", "International Environmental Law: Fairness, Effectiveness and World Order".