2001
DOI: 10.1017/s0260210501003096
|View full text |Cite
|
Sign up to set email alerts
|

Courting controversy: international law, national norms and American nuclear use

Abstract: In July 1996, the International Court of Justice (ICJ) issued a controversial Advisory Opinion on the legality of nuclear use (including, threat of use). The ICJ found that ‘nuclear use would generally be contrary to the rules of international law’, but it failed to conclude that nuclear use would be unlawful in all circumstances. The major reason for this was because it recognized nuclear norms (that is, the practice of deterrence) to which many states adhered. Taking the American case, this article examines … Show more

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...
1
1
1
1

Citation Types

0
8
0

Year Published

2009
2009
2018
2018

Publication Types

Select...
6
2
1

Relationship

1
8

Authors

Journals

citations
Cited by 16 publications
(8 citation statements)
references
References 9 publications
0
8
0
Order By: Relevance
“…The nuclear taboo likely receives widespread scholastic acceptance in part because of ideological preferences. Works such as Tannenwald (1999Tannenwald ( , 2005Tannenwald ( , 2007 and Farrell and Lambert (2001) demonstrate a clear normative desire for nuclear-zero. Prior scholastic works have assigned causal significance to normative factors, only to have subsequent research indicate material factors played a larger role than thought.…”
Section: Discussionmentioning
confidence: 99%
“…The nuclear taboo likely receives widespread scholastic acceptance in part because of ideological preferences. Works such as Tannenwald (1999Tannenwald ( , 2005Tannenwald ( , 2007 and Farrell and Lambert (2001) demonstrate a clear normative desire for nuclear-zero. Prior scholastic works have assigned causal significance to normative factors, only to have subsequent research indicate material factors played a larger role than thought.…”
Section: Discussionmentioning
confidence: 99%
“…Norm-based analysis may prove relevant to other aspects of nuclear politics. Farrell and Lambert (2001) investigated the norms behind U.S. nuclear targeting; their approach, expanded, and updated, may be relevant to the cases of all other nuclear-armed states. The role of the CTBT and the IAEA in promoting nuclear-related norms, such as non-testing and civilian use, should also be interrogated: How effective have they been, and in what ways their work be strengthened?…”
Section: Norms and Global Nuclear Governance: Toward Future Research mentioning
confidence: 99%
“…Constructivists recognize that the equation of deterrence with stability has become a global norm (Farrell and Lambert 2001). Second, a responsible state restricts the diffusion of nuclear technology, so that nuclear materials and know-how are out of reach of other states (and more importantly, non-state actors or terrorist groups).…”
Section: Nuclear Weapons and The Concept Of Responsibilitymentioning
confidence: 99%