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Daniel H. Joyner, Interpreting the Nuclear Non-Proliferation Treaty, Oxford, Oxford University Press, 2011, 184pp., ISBN-13 9780199227358, €69.00/£55.00.
Published online by Cambridge University Press: 30 July 2012
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- Copyright © Foundation of the Leiden Journal of International Law 2012
References
1 Treaty on the Non-Proliferation of Nuclear Weapons, 1 July 1968 (entered into force on 5 March 1970), 729 UNTS 161. On current challenges facing the nuclear non-proliferation regime, see, e.g., the 2010 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, Vol. 1 (NPT/CONF.2010/50), especially Part I (‘Review of the Operation of the Treaty, as Provided for in Its Article VIII (3), Taking into Account the Decisions and the Resolution Adopted by the 1995 Review and Extension Conference and the Final Document of the 2000 Review Conference’).
2 See, e.g., J. Goldblat, Arms Control: The New Guide to Negotiations and Agreements (2002), as well as Joyner's previous work mentioned infra, note 3.
3 D. H. Joyner, International Law and the Proliferation of Weapons of Mass Destruction (2009).
4 E.g., the ICJ case on Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia v. Malaysia) is incorrectly referred to as the India/Malaysia case (at p. 22, note 3); the table of cases is incomplete (p. xi).
5 For comprehensive developments on the (progressive) recognition of the customary character of the rules of treaty interpretation contained in the VCLT, see R. Gardiner, Treaty Interpretation (2008), 12–19.
6 The reader left unconvinced by the 14 pages devoted to the topic by the author should refer to the sources quoted, mainly to the reference work of Ambassador M. I. Shaker, The Nuclear Nonproliferation Treaty: Origin and Implementation 1959–1979 (1980).
7 Material breach is defined in VCLT Art. 60 as ‘(a) a repudiation of the treaty not sanctioned by the present Convention; or (b) the violation of a provision essential to the accomplishment of the object or purpose of the treaty’.
8 See N. A. Wulf, ‘Misinterpreting the NPT’, Arms Control Association, September 2011, available at www.armscontrol.org/2011_09/Misinterpreting_the_NPT. Remarks formulated by Wulf on several other parts of Joyner's book are noteworthy and shall be further weighed against Joyner's arguments.
9 See UNSC Res. 1737 (2006), 1747 (2006), 1803 (2008), and 1929 (2010).
10 A. Orakhelashvili, Collective Security (2011), 25.
11 See IAEA Statute, Art. XVII. See also pp. 93–4 for a discussion of the jurisdiction of the ICJ to hear disputes arising under the NPT.