Non-Proliferation Law and Countermeasures

NONPROLIFERATION LAW AS A SPECIAL REGIME, D. Joyner & M. Roscini, eds., Cambridge University Press, 2012

University of Cambridge Faculty of Law Research Paper No. 21/2013

52 Pages Posted: 20 Nov 2011 Last revised: 7 Aug 2013

See all articles by Sahib Singh

Sahib Singh

University of Helsinki; University of Cambridge

Date Written: November 19, 2011

Abstract

This paper examines a central question concerning the international law of countermeasures: what is the extent to which non-proliferation law, and the special obligations and institutional mechanisms created by the governing treaties, enables, limits or otherwise modifies the right to resort to countermeasures under general international law?

This paper explores this question through the examination of non-proliferation law with regard to three central sub-questions: (a) who has standing to take countermeasures, due to the particularities of non-proliferation obligations; (b) when can countermeasures be taken, given the prevalence of institutional mechanisms and special rules in non-proliferation law; (c) what countermeasures may be taken given the particular practicalities of the WMDs and non-proliferation law.

The paper seeks to provide a pragmatic and doctrinal view of the way in which countermeasures may be taken, in accordance with the law, in the diverse area of non-proliferation law.

Keywords: Nonproliferation Law, Fragmentation, Countermeasures, Law on State Responsibility, Interdependent Obligations, UN Security Council, Iran, Fitzmaurice, Urgent Countermeasures

Suggested Citation

Singh, Sahib, Non-Proliferation Law and Countermeasures (November 19, 2011). NONPROLIFERATION LAW AS A SPECIAL REGIME, D. Joyner & M. Roscini, eds., Cambridge University Press, 2012; University of Cambridge Faculty of Law Research Paper No. 21/2013. Available at SSRN: https://ssrn.com/abstract=1961941

Sahib Singh (Contact Author)

University of Helsinki ( email )

Yliopistonkatu 3
Helsinki, 00014
Finland

University of Cambridge ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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