Suchergebnisse

"How viable is the resolution of nuclear non-proliferation disputes through the International Court of Justice and international arbitration? James Fry examines the compromissory clauses in the IAEA Statute, IAEA Safeguards Agreements and the Convention on the Physical Protection of Nuclear Material that give jurisdiction to these fora and analyses recent jurisprudence to demonstrate how legal resolution can handle such politically sensitive disputes. In sum, legal resolution of nuclear non-proliferation disputes represents an option that States and commentators have all too often ignored. The impartiality and procedural safeguards of legal resolution should make it an acceptable option for target States and the international community, especially vis-à-vis the procedural shortcomings and general heavy-handedness of Security Council involvement under UN Charter Chapter VII."--Pub. desc

This Article explores the limits of judicial settlement of nuclear-weapon disputes through a case study of the Marshall Islands' cases against India, Pakistan and the UK before the International Court of Justice in 2016. It posits that judicial settlement is limited mainly by the quality of the arguments and evidence submitted by the disputants, not by any limitations inherent in judicial settlement with such politically sensitive disputes. The lawyers in the Marshall Islands' cases should have taken greater care in crafting their arguments and in tying them explicitly to Article VI of the Nuclear Non-Proliferation Treaty and its customary equivalent.

This Article explores China's management of its international rivers. China has various domestic pieces of legislation, including the Water Law of 2002, to regulate the uses and protection of its international rivers. It is clear that international water law influenced China inasmuch as there are similarities between the 1997 Watercourses Convention and the Water Law of 2002, and even China has recognized the influence of international law in the formation of its Water Law of 2002. This runs contrary to the widespread belief among Western commentators that China generally does not engage in these types of matters with international water law in mind. As evidence, these commentators point to China's objection to signing the 1997 Watercourses Convention and its refusal to join any river-basin commissions for any of its international rivers. This Article, however, shows how China has been strongly influenced by the international water-law regime and has engaged with other states in the management of its international rivers, albeit with a limited number of states. This Article posits that China can further benefit from en-gaging in international fora when trying to manage its domestic water issues.

This book's statistical and legal analyses of international organizations' constitutions reveal many new - and seemingly contradictory - interpretations of international organizations law. Not only does this book provide a map of international organizations' values, it provides a healthy start towards fully understanding that map, thereby helping global governance take a quantum leap forward