Altering the Focus from the Ostensible Object and Purpose of the Treaty on the Prohibition of Nuclear Weapons to Collateral Treaty Effects of Strategic Nature International Law Comments on the Impact of the Treaty’s Prohibitions of Assistance and Development on Technology, Research and Defence-Industry Policies of States in Exposed Geostrategic Locations: The Case of Sweden

Author(s):  
Dirk Roland Haupt
Author(s):  
Eilionóir Flynn

Ireland’s constitution adopts a dualist approach to international law. It is in a unique position as a state which has not ratified the Convention on the Rights of Persons with Disabilities (CRPD), but one which is obliged to adhere to the provisions of the CRPD in EU law, by virtue of the EU’s conclusion of the CRPD in 2010. To date, the CRPD has been referenced in a number of cases before the Irish courts in the context of employment equality law and mental health law. This chapter examines the extent of the impact that the CRPD can have on the judgments of domestic courts on disability rights in advance of the state’s ratification of the Convention.


Author(s):  
Julio Baquero Cruz

This book discusses the impact of the difficult situation the European Union is currently going through on some structural elements of its legal order, looking for symptoms of decay, exploring examples of resistance, and assessing its overall state of health. The original choices made by the drafters of the Treaties and by the Court of Justice are put in their proper historical perspective, understanding Union law as a tool of civilization, and explaining its current problems, at least in part, as a consequence of the waning of the initial impetus behind integration. The concrete themes to be explored are the following: primacy, the national resistance to it and constitutional pluralism; the preliminary rulings procedure; Union citizenship, equality, and human dignity; the scope of the Charter and the standard of protection of fundamental rights; and the rigidity and fragmentation of the Union system in connection with the recent occasional use of international law as an alternative to Union law. The book looks at the development of the law throughout the decades, inevitably losing much detail, but hopefully also uncovering structural connections and continuities.


Author(s):  
Gina Heathcote

Reflecting on recent gender law reform within international law, this book examines the nature of feminist interventions to consider what the next phase of feminist approaches to international law might include. To undertake analysis of existing gender law reform and future gender law reform, the book engages critical legal inquiries on international law on the foundations of international law. At the same time, the text looks beyond mainstream feminist accounts to consider the contributions, and tensions, across a broader range of feminist methodologies than has been adapted and incorporated into gender law reform including transnational and postcolonial feminisms. The text therefore develops dialogues across feminist approaches, beyond dominant Western liberal, radical, and cultural feminisms, to analyse the rise of expertise and the impact of fragmentation on global governance, to study sovereignty and international institutions, and to reflect on the construction of authority within international law. The book concludes that through feminist dialogues that incorporate intersectionality, and thus feminist dialogues with queer, crip, and race theories, that reflect on the politics of listening and which are actively attentive to the conditions of privilege from which dominant feminist approaches are articulated, opportunity for feminist dialogues to shape feminist futures on international law emerge. The book begins this process through analysis of the conditions in which the author speaks and the role histories of colonialism play out to define her own privilege, thus requiring attention to indigenous feminisms and, in the UK, the important interventions of Black British feminisms.


1964 ◽  
Vol 58 (1) ◽  
pp. 23-35 ◽  
Author(s):  
Hans J. Morgenthau

The nuclear age has ushered in a novel period of history, as distinct from the age that preceded it as the modern age has been from the Middle Ages or the Middle Ages have been from antiquity. Yet while our conditions of life have drastically changed under the impact of the nuclear age, we still live in our thoughts and act through our institutions in an age that has passed. There exists, then, a gap between what we think about our social, political, and philosophic problems and the objective conditions which the nuclear age has created.This contradiction between our modes of thought and action, belonging to an age that has passed, and the objective conditions of our existence has engendered four paradoxes in our nuclear strategy: the commitment to the use of force, nuclear or otherwise, paralyzed by the fear of having to use it; the search for a nuclear strategy which would avoid the predictable consequences of nuclear war; the pursuit of a nuclear armaments race joined with attempts to stop it; the pursuit of an alliance policy which the availability of nuclear weapons has rendered obsolete. All these paradoxes result from the contrast between traditional attitudes and the possibility of nuclear war and from the fruitless attempts to reconcile the two.


1984 ◽  
Vol 17 (01) ◽  
pp. 33-40
Author(s):  
Robert Jervis

A rational strategy for the employment of nuclear weapons is a contradiction in terms. The enormity of the destruction, either executed or threatened, severs the nexus of proportionality between means and ends which used to characterize the threat and use of force. This does not mean, however, that all nuclear strategies are equally irrational. The nuclear policy of the Reagan administration—which is essentially the same as that of the Carter administration and which has its roots in developments initiated by even earlier administrations—is particularly ill-formed. As I will demonstrate, the basic reason for this is that the strategy rests on a profound underestimation of the impact of nuclear weapons on military strategy and attempts to understand the current situation with intellectual tools appropriate only in the pre-nuclear era.American strategy for the past several years—the “countervailing strategy”—has been based on the assumption that what is crucial is the ability of American and allied military forces to deny the Soviets military advantage from any aggression they might contemplate. The U.S. must be prepared to meet and block any level of Soviet force. The strategy is then one of counterforce—blocking and seeking to destroy Soviet military power. The goal is deterrence. Although it is concerned with how the U.S. would fight many different kinds of wars, both nuclear and non-nuclear, it is not correct to claim that the strategy seeks to engage in wars rather than deter them.


2021 ◽  
Vol 23 (2-3) ◽  
pp. 115-132
Author(s):  
Łukasz Kułaga

Abstract The increase in sea levels, as a result of climate change in territorial aspect will have a potential impact on two major issues – maritime zones and land territory. The latter goes into the heart of the theory of the state in international law as it requires us to confront the problem of complete and permanent disappearance of a State territory. When studying these processes, one should take into account the fundamental lack of appropriate precedents and analogies in international law, especially in the context of the extinction of the state, which could be used for guidance in this respect. The article analyses sea level rise impact on baselines and agreed maritime boundaries (in particular taking into account fundamental change of circumstances rule). Furthermore, the issue of submergence of the entire territory of a State is discussed taking into account the presumption of statehood, past examples of extinction of states and the importance of recognition in this respect.


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