Analyzing the right of states to produce and develop military weapons from the perspective of international law

Document Type : Original Article

Authors

1 Associate Professor of International Law

2 PhD student in International Law

Abstract

The issue of disarmament and arms control has been one of the issues that have emerged in the last two centuries, especially after World War II, at the three levels of nuclear, chemical and biological weapons, and by the United Nations, the US and the Soviet Union, and other regional and regional organizations, and International has been reviewed. However, human society has not yet achieved all the goals set out in the area of ​​disarmament and arms control. However, it is based on the theory of the use of weapons, bans and restrictions on the production and development of non-conventional weapons, conventional weapons, and trade in their weapons, as well as new weapons. The question therefore arises as to what restrictions have been placed on the right to produce and develop conventional and unconventional military weapons in the light of treaties on arms disarmament and their control. In this documentary-library style, while choosing the theory of weapons use and examining the prohibitions and restrictions cited in the field of weapons, it has been addressed that governments are protecting their very existence by relying on defense tools. Legitimacy and deterrence are not about producing and developing comprehensive weapons.

Keywords

References

 

Amy F. Wolf (31 October 2001). Missile Defence, Arms Control, and Deterrence: A New Strategic Frame Work, CRS Report for Congress, Received thought CRS Web, Order Code RS 21057, p. 3.
Australian Department of Defence (2005). Instruction general: legal reviw of new weapons 44-1
Blake D., Imburgia JS (2010). Bloodless weapons? The need to conduct legal reviews of certain weapons. Air Force Law Rev 66
Boothby, Willam (2009). Weapons and the law of armed conflict. Oxford University Press
Convention on the prohibition of the development production and stockpiling of bacteriological and toxin weapons and their destruction (BWC)., 1972
Convention on the prohibition of the development production and stockpiling and use of chemical weapons and on their, 1993. OPCW.
David Fidler (1997). International Law and Weapons of Mass Destruction, End of the Arms Control Approach?, Duke Journal of Contemporary International Law, No. 39,
David P. Fidler (February 2003). Weapons of Mass Destruction and International Law, ASIL Insights, p. 315.
Henckaerts, Jean Marie and Doswald beck Louise-2009- Customary international Humanitarian Law-Cambridge university press
Hisakazu Fujita (Jan-Feb. 1997). The Avisory Opinion of the International Court on the legality of nuclear weapons, IRRC, n. 316,
John Diamond (July 20, 2001). Bush putting U.S. Above Global Cooperation. Exceptionally Bumps Isolationism, Chicago Tribune,.
Josef Gldblat, Arms Control: A Guide to Negotiations and Agreements, (London, Sagw Pub, 1996
M. Matheson, The Opinion of the International Court of Justice on the Threat or Use of Nuclear Weapons. AJIL., v. 91, (1997).
Mclaughlin R. (2011). Unmanned naval vehicles at sea: USVs, UUVs and the adequacy of the law.
Morgenthau, Hans Jauchim (1985). Politics Among Nations: The Struggle for Power and Peace, New York: knopf.
Nasu H, Faunce TA (2010). Nanotechnology and the international law of weaponry
 Rademaker, US Compliance with Article VI of the NPT, (Feb. 3, 2005)., <www.acronym.org/uk/docs/0502/doc 13.htm>.p. 3.
Roberts, Adam and guelff, Richard-1989-Documents on the Laws of war Clarendon Press Oxford.
Schmitt MN (2010). Military necessity and humanity in international humanitarian law
Scott, Shirley. V. (2010). International law in world politics, Colorado: Lynne Rienner.
Treaty on Non- Prolifration of Nuclear Weapons . NPT, 1968
Yoram Dinstein, in: Stephenie G. Handler, The New Cyber Face of the Battle. Developing a Legal Approach to Accommodate Emerging Trends in Warfare, Stanford Journal of International Law, v. 48, 2012

Files

History

  • Receive Date: 13 January 2019
  • Accept Date: 13 January 2019
  • Publish Date: 23 September 2017

Share

How to cite

Statistics