Chapter

Are Nuclear Weapons Really Legal? Thoughts on the Sources of International Law and a Conception of the Law <i>imperio rationis</i> instead of <i>ratione imperii</i>

Daniel Thürer and Martin Zobl

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588817.003.0014
Are Nuclear Weapons Really Legal? Thoughts on the Sources of International Law and a Conception of the Law imperio rationis instead of ratione imperii

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The only way a critical observer can consider the question of nuclear weapons is to say that disarmament efforts have not gone far enough. From a legal perspective, the causes of this failure are essentially outmoded sovereignty dogmas that largely continue to influence governments' understanding of international law, and the positivist approach to sources of law associated with those dogmas. This chapter argues that a nuclear disarmament process must emerge from, and be sustained by, society itself. Government support will, of course, also be essential to the success of an initiative of this nature. A cooperative partnership between a wide range of international actors (governments, international organizations, the ICRC, non-governmental organizations (NGOs), and individuals) around a common ultimate goal is thus essential, as is an approximate line of approach.

Keywords: nuclear weapons; nuclear disarmament; international law; international organizations; non-governmental organizations

Chapter.  6929 words. 

Subjects: Public International Law

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