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Full-Text Articles in Law
The Strategic Defense Initiative And The Militarization Of Space: Scientific Responsibility And Citizen Resistance, Matthew Lippman
The Strategic Defense Initiative And The Militarization Of Space: Scientific Responsibility And Citizen Resistance, Matthew Lippman
Penn State International Law Review
The moderating of international tensions between the superpowers, the slowing of the nuclear arms race and the promise of a peace dividend have all contributed to a lessened popular concern over issues of national defense.1 The diversion of attention from war and peace has resulted in little scholarly attention being paid to the ominous potential growth in third-generation high-technology weapons.
The Legality Of Nuclear Weapons: A Response To Corwin, Eric J. Mcfadden
The Legality Of Nuclear Weapons: A Response To Corwin, Eric J. Mcfadden
Penn State International Law Review
This Article is a response to Journal author David Corwin's contention that the use of nuclear weapons is illegal under international law. In turn, the author carefully examines relevant treaty provisions to support his thesis. Finally, the author contends that the principles of customary international law and state practice provide a foundation by which the use of nuclear weapons is circumscribed under international law.
The Legality Of Nuclear Arms Under International Law, David M. Corwin
The Legality Of Nuclear Arms Under International Law, David M. Corwin
Penn State International Law Review
This Article will examine different uses of nuclear weapons and will assess the legality of these uses under positive and customary international law. It will conclude that any nuclear weapon would be encompassed by the prohibition against gas and other related weapons. In addition, it will conclude that in all but its most limited uses, weapons would cause unnecessary suffering, would fail to discriminate between combatants and noncombatants, and would violate the territoriality of neutrals. Even when defenses to violations of international law are available, this Article will demonstrate that the realities associated with the use of nuclear weapons necessitate …