APA-6 MLA-8 Chicago N-B Chicago A-D Harvard. However, the goal of outlawing the use of nuclear weapons is not easily achievable due to the tension essay on nuclear weapons between opinion Juris and the strong doctrine of deterrence. Any subject. Select a referencing style:. However, it is possible to find many records about the use of biological weapons since the Middle Ages.
What are the legal and political challenges of outlawing the threat or use of nuclear weapons?
The International Court of Justice relied on different sources of law to offer its opinion on the legality of the threat or use of nuclear weapons, essay on nuclear weapons. The sources included the Charter, customary international law, humanitarian law, international treaties, and Martens Clause International Court of Justice, As per Article 2, paragraph 4 of the Charter, the Court observed the need to use force against any threat posed to the political independence or territorial integrity of a state. Again, the Court concurred with Article 51 of essay on nuclear weapons Charter that states have the right to self-defense in case of an armed attack. Notably, the Court observed that the identified articles in the Charter do specify the type of weapons that a state should for self-defense or military essay on nuclear weapons International Court of Justice, Again, it noted that the Charter does not permit or prohibit the threat and use of nuclear weapons.
Essay on nuclear weapons this regard, the Court opined that self-defense should be proportional essay on nuclear weapons the armed attack; however, it failed to exclude the use of nuclear weapons. As per treaties, the Court failed to find any particular prohibition of recourse to nuclear weapons bacteriological or chemical weapons in treaties expressly prohibiting the use of nuclear weapons. Notably, the Second Hague Declaration of provisions, the Geneva protocol, and Hague Convention IV regulations do not specifically prohibit the use of nuclear weapons.
Based on the customary international law, the Court observed that the international community is widely divided on the use of nuclear weapons as opinion Juris. Although, most of the international community is geared towards disarmament the Court identified the existence of the tension between opinion Juris and a strong doctrine of deterrence. On humanitarian law, the Court observed the need for protecting the civilian population and defining the difference between non-combatant and combatant. It argued that states must not make civilians the objects of attack.
Besides, states should avoid the use of weapons that cannot distinguish between civilians and military targets International Court of Justice, Further, the Court concurred with the humanitarian law that states should not cause unnecessary suffering among the people. Further, essay on nuclear weapons Court acknowledged the effectiveness of the Martens Clause in curbing the swift advancement of military technology about the principles of humanity and the dictates of public conscience. The Court observed that it did not find sufficient evidence to conclude with certainty about the legality of the threat or use of nuclear weapons. Notably, it identified nuclear weapons as unique, and thus their use seems scarcely reconcilable with the requirements of laws useful in armed conflict, essay on nuclear weapons.
The Court concurred with Article 51 of the Charter that states should exercise self-defense when their survival is at stake International Court of Justice, Further, the Court observed that the policy of deterrence on the use of nuclear weapons should be highly embraced to protect people from suffering. Outlawing the threat or use of nuclear weapons poses numerous legal and political challenges. The main challenge relates to the violation of political independence or territorial integrity of a country. Mainly, some states manufacture, acquire, possess, deploy, and test nuclear weapons as essay on nuclear weapons self-defense mechanism in case another state threatens to attack.
In this regard, states with a feeling of being threatened or attacked by their neighbors or other countries with dissimilar interests are unlikely to support the outlawing of the use of nuclear weapons let alone relinquishing the nuclear weapons they already have in their military domain. Another challenge of outlawing the threat and or the use of nuclear weapons relates to the customary international law. Notably, the international community is widely divided on the use of nuclear weapons as opinion Juris International Court of Justice, The majority essay on nuclear weapons resolutions of each general assembly recall the Content of Resolution XVI and request member states to conclude a convention that prohibits the use of nuclear weapons in all circumstances International Court of Justice, Such frequent calls across the globe demonstrate the desire of the international community to move towards nuclear weapons disarmament.
However, the goal of outlawing the use of nuclear weapons is not easily achievable due to the tension existing between opinion Juris and the strong doctrine of deterrence, essay on nuclear weapons. The major cause of countries to use nuclear weapons is self-defense in case other states violate their political independence or territorial integrity. Notably, countries eliminate or reduce the risk of unlawful attacks by admitting that they possess nuclear weapons International Court of Justice, In this regard, international dispute resolution mechanisms help curb the use of nuclear weapons in situations relating to political independence or territorial integrity disputes.
Such resolutions can be solved effectively by resolutions passed by member states of particular treaties, essay on nuclear weapons. For instance, essay on nuclear weapons, the declaration by member parties of treaties of Rarotonga and Tlatelolco not to use nuclear weapons in certain zones such as South Pacific and Latin America may be a strong foundation for solving the issues relating to the threat and use of nuclear weapons International Court of Justice, The state members of treaties should vow not to use nuclear weapons. So far, member parties of the Rarotonga and Tlatelolco treaties have vowed essay on nuclear weapons to use nuclear weapons against non-nuclear states that are members of the Treaty on Non-proliferation of Nuclear Weapons International Court of Justice, Such vows enhance the chance of using international dispute resolution mechanisms to solve nuclear weapons cases, essay on nuclear weapons.
The major weakness of relying on treaties such as Rarotonga and Tlatelolco to solve nuclear weapons cases using international dispute resolution mechanisms is that they do not prohibit their members from using such weapons. Despite their weakness as a foundation for solving nuclear weapons disputes, such treaties demonstrate common behaviors and trends towards the prohibition of the threat and the use of nuclear weapons. A vast majority of the international community is members of certain treaties. As such, their treaties should collaborate in enacting an international law that pursues nuclear weapons disarmament among state members.
Besides, treaties should embrace the codification of humanitarian law and the accession of resultant treaties to provide the international community with a set of treaty rules that show uniformity in recognizing humanitarian principles. Notably, international law should focus on the long-term disarmament of states from nuclear weapons as the most appropriate approach essay on nuclear weapons protecting humanity from nuclear weapons. Besides, treaties such as the Treaty on the Non-Proliferation of Nuclear Weapons should compel their member states to pursue nuclear weapons disarmament in good faith.
In a different vein, in situations where complete disarmament is impossible, international law should essay on nuclear weapons which circumstances a state should use nuclear weapons. International Court of Justice Legality of the threat or use of nuclear weapons: An advisory opinion of 8 July Need a custom Essay sample written from scratch by professional specifically for you? certified writers online. Nuclear Weapons Resolutions and International Law. We use cookies to give you the best experience possible. If you continue, we will assume that you agree to our Cookies Policy. Learn More. We will write a custom Essay on Nuclear Weapons Resolutions and International Law specifically essay on nuclear weapons you! This essay on Nuclear Weapons Resolutions and International Law was written and submitted by your fellow student.
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No one will win and there will be billions of innocent people and animal that will be caught in the crossfire. Albert Einstein once said. WW3 will be our meteor, and we are the dinosaurs. Nuclear weapons in the world. com, Aug 16, Accessed January 7, com , Aug Nuclear Weapons in the World. Order paper like this. Did you like this example? Type your requirements and get professional help. Deadline: 10 days left. Number of pages. Email Invalid email. A professional writer will make a clear, mistake-free paper for you! Stuck on ideas? Struggling with a concept? Get help with your assigment. Leave your email and we will send a sample to you. Email Send me the sample. Nuclear fission is a nuclear reaction in which a heavy nucleus splits spontaneously or on impact with another particle, with the release of energy.
Nuclear fusion on the contrary is the exact opposite; it gathers energy from the heavy nucleus combining with the shot particle. These two combined produce a lot of energy that is used all over the world on a daily basis. Nuclear power has proved to serve a huge part of our society today. Nuclear war has a high possibility of happening. The invention of the atomic bomb completely changed and some say revolutionized war and death tolls. Not only does the nuke do damage like a bomb would…. The control rods are what give a steady output of energy after the fission process has taken place. They control the number of spare neutrons as a great amount are produced during a chain reaction with the nuclei. These control rods are usually made of the material cadmium or boran and they absorb excess nuclei in order the control the amount of free flowing neutrons so they do not become to excessive which would create larger amounts of heat.
The rate that the energy is produced can be changed by adding or removing control rods from within the reactor. If rods are removed, then the rate increases and when rods are added the rate decreases. The fusion reaction involves two atoms which will smash together and merge to produce its energy. Meanwhile, a fission reaction will use one atom which…. What is nuclear energy? Nuclear energy is the energy in the nucleus of an atom. This energy can be obtained in two ways: nuclear fusion and nuclear fission. In nuclear fusion, energy is released when atoms are combined or fused together to form a larger atom.
The sun produces energy like this. Radiation occurs when a radioactive alom decays, then the nuclear radiation leaves the nucleus. Then the nuclear radiation interacts with nearby matter. The interaction depends on the charge, mass, and energy of the matter. The beta — plus radiation is one of the types of decay. The structure of a positron is where the proton of the beta- plus is found in the radionuclide. The majority of resolutions of each general assembly recall the Content of Resolution XVI and request member states to conclude a convention that prohibits the use of nuclear weapons in all circumstances International Court of Justice, Such frequent calls across the globe demonstrate the desire of the international community to move towards nuclear weapons disarmament.
However, the goal of outlawing the use of nuclear weapons is not easily achievable due to the tension existing between opinion Juris and the strong doctrine of deterrence. The major cause of countries to use nuclear weapons is self-defense in case other states violate their political independence or territorial integrity. Notably, countries eliminate or reduce the risk of unlawful attacks by admitting that they possess nuclear weapons International Court of Justice, In this regard, international dispute resolution mechanisms help curb the use of nuclear weapons in situations relating to political independence or territorial integrity disputes. Such resolutions can be solved effectively by resolutions passed by member states of particular treaties.
For instance, the declaration by member parties of treaties of Rarotonga and Tlatelolco not to use nuclear weapons in certain zones such as South Pacific and Latin America may be a strong foundation for solving the issues relating to the threat and use of nuclear weapons International Court of Justice, The state members of treaties should vow not to use nuclear weapons. So far, member parties of the Rarotonga and Tlatelolco treaties have vowed not to use nuclear weapons against non-nuclear states that are members of the Treaty on Non-proliferation of Nuclear Weapons International Court of Justice, Such vows enhance the chance of using international dispute resolution mechanisms to solve nuclear weapons cases.
The major weakness of relying on treaties such as Rarotonga and Tlatelolco to solve nuclear weapons cases using international dispute resolution mechanisms is that they do not prohibit their members from using such weapons. Despite their weakness as a foundation for solving nuclear weapons disputes, such treaties demonstrate common behaviors and trends towards the prohibition of the threat and the use of nuclear weapons. A vast majority of the international community is members of certain treaties. As such, their treaties should collaborate in enacting an international law that pursues nuclear weapons disarmament among state members. Besides, treaties should embrace the codification of humanitarian law and the accession of resultant treaties to provide the international community with a set of treaty rules that show uniformity in recognizing humanitarian principles.
Notably, international law should focus on the long-term disarmament of states from nuclear weapons as the most appropriate approach for protecting humanity from nuclear weapons. Besides, treaties such as the Treaty on the Non-Proliferation of Nuclear Weapons should compel their member states to pursue nuclear weapons disarmament in good faith. In a different vein, in situations where complete disarmament is impossible, international law should guide which circumstances a state should use nuclear weapons. International Court of Justice Legality of the threat or use of nuclear weapons: An advisory opinion of 8 July , Need a custom Essay sample written from scratch by professional specifically for you? certified writers online.
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