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Analysis Of The Status And Role Of International Law In The Process Of Nuclear Arms Control

Posted on:2012-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:W FangFull Text:PDF
GTID:2206330335457290Subject:International Law
Abstract/Summary:PDF Full Text Request
International arms control is a hot-button issue, with many countries in favor of some kind of controls on nuclear weapons or the so-called strategic offensive arms. Though it is true that there is no treaty or rule of law which expressly outlawed nuclear weapons by name, there is an abundance of principles of international law, treaty provisions, and particularly international humanitarian law and the UN Charter, which leaves no doubt regarding the illegality of nuclear weapons. Arms control and disarmament are relatively new approaches to the age-old problem of maintaining international peace by the subordination of force to a rule of law. During the Cold War, the arms race between US and the Soviet Union leaded to a great development and hoard of nuclear weapons which threatened the common security of all nations and , if used, could destroy the human being for many times. In 21st century, the spread of nuclear weapons to more states is also an unacceptable risk to global security -- raising the specter of arms races from the Middle East to East Asia. It is suggested that every country is obligated under international law to support the call for a commitment from the nuclear weapons states to the elimination of their nuclear weapons. Yet the law relating to these new approaches is rooted in established concepts of international law. Thus the task for innovation and ingenuity lies in perceiving the nature of the new problems and in applying existing legal principles to their resolution.The paper focuses upon the facts that are central to the profound analysis, including the background materials and structure of the new START negotiated through USA and Russia in 2010, the characteristics and effects of the theory and principles of international law implicated in the treaty, the lawfulness under international law of arms control mechanism. With analysis of the risk factors inherent in U.S. operational policy as to nuclear weapons in the future, the paper falls on the view that every country should respect and be subject to international law on behalf of the global interests and security. It is proved that a peaceful and no-nuclear-threatened international environment will only be maintained when governments choose to abide by the rule of law instead of the rule of might. With the examination of the problems and their solutions in the context of recent and possible future developments, it is concluded that international law is the foundation of non-proliferation mechanism and plays a key role in arms control and disarmament efforts. Treaties, such as the new treaty, and other formal agreements between nations, serve as the cornerstone of the comprehensive and universal prohibition of nuclear weapons.The principal objective of the paper is to deepen the study in the field of treaties about arms control and disarmament, which allows the world to adjust the structure of international law about bilateral and multi-lateral strategic arms control over time as appropriate to the strategic circumstances. There is much we can do on behalf of our security and prosperity if we continue to work together.
Keywords/Search Tags:International Law, Nuclear Weapon, International Arms Control, Treaty
PDF Full Text Request
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