Overview

How viable is the resolution of nuclear non-proliferation disputes through the International Court of Justice and international arbitration? James Fry examines the compromissory clauses in the IAEA Statute, IAEA Safeguards Agreements and the Convention on the Physical Protection of Nuclear Material that give jurisdiction to these fora and analyses recent jurisprudence to demonstrate how legal resolution can handle such politically sensitive disputes. In sum, legal resolution of nuclear non-proliferation disputes represents an option that States and commentators have all too often ignored. The impartiality and procedural safeguards of legal resolution should make it an acceptable option for target States and the international community, especially vis-à-vis the procedural shortcomings and general heavy-handedness of Security Council involvement under UN Charter Chapter VII.

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9781107041295

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'... [the] value of the book as an innovative contribution to examining the terrain of relevant issues in this field lies in its in-depth assessment of applicable treaty law. Postgraduate students and experts of governments and international organizations will benefit from this achievement.' Dieter Fleck, Journal of Conflict and Security Law

Author Information

James D. Fry is Assistant Professor of Law at the University of Hong Kong Faculty of Law, where he is also Director of the LLM programme and Deputy Director of the Japan and Korea programme.

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