Nuclear Weapons, Justice and the Law
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Nuclear Weapons, Justice and the Law

Elli Louka

It is often argued that the nuclear non-proliferation order divides the world into nuclear-weapon-haves and have-nots, creating a nuclear apartheid. Employing a careful and nuanced discussion of this claim, Elli Louka examines the architecture of the nuclear non-proliferation order, the fairness and effectiveness of international and regional institutions and scenarios for the future of nuclear weapons.
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Chapter 5: The Fairness and Effectiveness of the Non-Proliferation Order

Elli Louka

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5. 1. 1.1 The fairness and effectiveness of the non-proliferation order PREEMPTION AND PRECAUTION IN THE UN SYSTEM AND STATE PRACTICE Peace and Justice It is widely believed that the post-World War II United Nations system has been created to eliminate war. What inspires the United Nations is the determination ‘to save succeeding generations from the scourge of war,’ and ‘to reaffirm faith in fundamental human rights, in the dignity and worth of the human person.’1 A careful analysis of the UN Charter, though, reveals that the system put in place for the management of the post-World War II international order has more to do with the institutionalization of war rather than the abolition of war. In addition to the Charter, a complete institutional machinery has been created to prevent war when possible, to manage and control wars, when they happen, and to alleviate the consequences of war through peace operations. The institutionalization of war is the foundation of the post-World War II world order. Those who emerged from a war of such extensive devastation could not have cultivated illusions that they could always stop conflict. Since war cannot be stopped it has to be constrained, limited and regulated. The council of the five victors of World War II is now the ultimate regulator of war and peace. This was an expression of power cast in the light of the morality of those on the right side of the mayhem of World War II. The institutionalization of war is...

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