Nuclear Weapons and Law

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Arthur Selwyn Miller, Martin Feinrider
Greenwood Press, 1984 - Law - 415 pages
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This book presents a rounded critique of the conventional wisdom about the legality of nuclear weapons by experts in international and constitutional law. Part I addresses the status of nuclear weapons under international law. Scholars on one side of the question draw upon treaties and international custom to argue that most uses of nuclear weapons are illegal and that even mere possession of such weaponry is legally unjustifiable. Others argue that law cannot be imposed on the nuclear weapons states without their consent and that nuclear weapons provide deterrence that binds the superpowers in a peaceful balance of power. Part I concludes with a comprehensive bibliography on nuclear weapons and international law. Part II, the section that focuses on nuclear weapons and American constitutional law, offers widely divergent approaches and conclusions. Although there is no explicit prohibition of such weapons in the United States Constitution, several contributors suggest that the advent of nuclear weapons has so changed the milieu in which constitutional institutions operate that many accepted conclusions must be reexamined. Part III explores the effects of nuclear weapons on the environment and the medical consequences of nuclear war.

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Contents

Nuclear Weapons Global Values and International
13
Enhancing Strategic Stability
51
Another
83
Toward a Legal Regime for Nuclear Weapons
109
Deterrence and International
129
International Law Nuclear Weapons Arms Control
181
A Basic Change
205
Nuclear Weapons and Constitutional
235
Admirable EndsQuestionable Means
327
Letter from the Government
337
The President the Constitution and Nuclear Weapons
363
A Commentary on Nuclear Weapons and Constitutional
371
In Brief Rejoinder
377
Consequences of Nuclear Weapons Use as Viewed by
387
Medical Consequences of Nuclear
393
Index
401

Commentary on the Constitutional Debate
253
Protecting Posterity
273
The End of
287
The Frail Constitution of Good Intentions
299
Wisdom Constitutionality and Nuclear Weapons Policy
309
About the Contributors
411
A Brief History of Chemical Disarmament 5
445
The OPCW at Work
461
Copyright

About the author (1984)

ARTHUR SELWYN MILLER is Leo Goodwin, Sr. Distinguished Professor of Law at Nova University Center for the Study of Law and Professor Emeritus of Law at George Washington University.

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