Overview

This book analyzes the law and politics in the peaceful use of nuclear energy. The “inalienable right” as provided for in Article IV of the Treaty on the Non-proliferation of Nuclear Weapons (NPT) has unexpectedly been an interpretation riddle, which has brought about many controversies among NPT Party States, like those in the 1970s between the U.S. and its allies, and today in the Iranian nuclear problem and in the North Korean nuclear crisis. This book offers a detailed review and analysis of the lifetime of the norm on the right to the peaceful use of nuclear energy: what factors give rise to a possible design of the dynamic treaty obligation, how they are made in drafting the relevant treaty provisions, and how subsequent practice plays a role in the interpretation. The usefulness of the general rule of interpretation is also challenged in this book, and an interdisciplinary perspective on interpretation is otherwise proposed to better understand the interplay of the law and politics in the nuclear nonproliferation regime.

Full Product Details

Author:   Xinjun Zhang
Publisher:   Springer Verlag, Singapore
Imprint:   Springer Nature
Edition:   2024 ed.
ISBN:  

9789819738120

ISBN 10:   9819738121
Pages:   133
Publication Date:   29 October 2024
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Not yet available  
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Table of Contents

1. Preface.- 2. “Inalienable Right” to Peaceful Use of Nuclear Energy and the Changing Nuclear Nonproliferation Regime.- 3. Historical Survey of the Pre-NPT Nuclear Nonproliferation Regime: The Emergence of Dynamic Obligations.-  4. The Making of Dynamic Obligations: the “Inalienable Right” and travaux préparatoires of NPT.- 5. The Afterlife of “Inalienable Right”: Emergence of a New Regulatory Scheme in the Peaceful Use of Nuclear Energy.- 6. Intentional Ambiguity and the Rule of Interpretation in the Autointerpretation of “Inalienable Right” in NPT Article IV.- 7. The Riddle of Treaty Interpretation.- 8. Toward a Proper Understanding of Subsequent Practice in the Application of Dynamic Treaty Obligations.- 9. Concluding Remarks.- 10. Annex: Treaty on the Non-proliferation of Nuclear Weapons (1968).- 11. Index.

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Author Information

Xinjun Zhang is a Professor of International Law at Tsinghua University Faculty of Law in Beijing. He has been a Member of the International Law Association (since 2008) and also a Member of the Executive Council of the Asian Society of International Law (since 2019).

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