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.
• Analyses controversial aspects of non-proliferation treaties • Contributes to the ongoing debate on the fragmentation of international law • Will appeal to scholars of non-proliferation studies and also international relations
Contents
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.
Review
'Fragmentation of international law has become a favorite topic in the literature, all too often dealt with in the same worn, tired way … Against this background, it is a true pleasure to follow a group of experts both on non-proliferation law and the relevant international law around the Non-Proliferation Treaty on their analysis of the ways in which this treaty regime is 'special' without, however, essentially detaching itself from the general law in which it remains embedded. The book … sets an admirable example of how the ever-increasing number of specialized treaty regimes ought to be subjected to a profound dialogue between experts in the respective subject areas and international law generalists to the profit of both.' Bruno Simma, University of Michigan Law School and former Judge, International Court of Justice
Printer friendly version