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Legality Of The Threat Or Use Of Nuclear Weapons
''Legality of the Threat or Use of Nuclear Weapons'ICJ 3] is a landmark international law case, where the International Court of Justice gave an advisory opinion stating that while the threat or use of nuclear weapons would generally be contrary to international humanitarian law, it cannot be concluded whether or not such a threat or use of nuclear weapons would be lawful in extreme circumstances where the very survival of a state would be at stake. The Court held that there is no source of international law that explicitly authorises or prohibits the threat or use of nuclear weapons but such threat or use must be in conformity with the UN Charter and principles of international humanitarian law. The Court also concluded that there was a general obligation to pursue nuclear disarmament. The World Health Organization requested the opinion on 3 September 1993, but it was initially refused because the WHO was acting outside its legal capacity (''ultra vires''). So the United Nations ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Court Of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordance with international law and gives advisory opinions on international legal issues. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law. The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established in 1920 by the League of Nations. After the Second World War, both the league and the PCIJ were replaced by the United Nations and ICJ, respectively. The Statute of the ICJ, which sets forth its purpose and structure, draws heavily from that of its predecessor, whose decisions remain valid. All member states of the UN are party to the ICJ Statute and may initiate contentious cases; h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charter Of The United Nations
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council. The UN Charter mandates the UN and its member states to maintain international peace and security, uphold international law, achieve "higher standards of living" for their citizens, address "economic, social, health, and related problems", and promote "universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion". As a charter and constituent treaty, its rules and obligations are binding on all members and supersede those of other treaties. During the Second World War, the Allies— formally ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jus In Bello
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which, 2000 B.C., explains its laws imposing a code of c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Nations General Assembly
The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Currently in its 77th session, its powers, composition, functions, and procedures are set out in Chapter IV of the United Nations Charter. The UNGA is responsible for the UN budget, appointing the non-permanent members to the Security Council, appointing the UN secretary-general, receiving reports from other parts of the UN system, and making recommendations through resolutions. It also establishes numerous subsidiary organs to advance or assist in its broad mandate. The UNGA is the only UN organ wherein all member states have equal representation. The General Assembly meets under its president or the UN secretary-general in annual sessions at the General Assembly Building, within the UN headquarters in New York City. The main part of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ultra Vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate law, describes acts attempted by a corporation that are beyond the scope of power ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nuclear Disarmament
Nuclear may refer to: Physics Relating to the nucleus of the atom: *Nuclear engineering *Nuclear physics *Nuclear power *Nuclear reactor *Nuclear weapon *Nuclear medicine *Radiation therapy *Nuclear warfare Mathematics * Nuclear space * Nuclear operator *Nuclear congruence *Nuclear C*-algebra Biology Relating to the nucleus of the cell: * Nuclear DNA Society *Nuclear family, a family consisting of a pair of adults and their children Music * "Nuclear" (band), group music. * "Nuclear" (Ryan Adams song), 2002 *"Nuclear", a song by Mike Oldfield from his ''Man on the Rocks'' album * ''Nu.Clear'' (EP) by South Korean girl group CLC See also *Nucleus (other) *Nucleolus *Nucleation *Nucleic acid Nucleic acids are biopolymers, macromolecules, essential to all known forms of life. They are composed of nucleotides, which are the monomers made of three components: a 5-carbon sugar, a phosphate group and a nitrogenous base. The two main ... * Nucular * * {{Disam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Advisory Opinion
An advisory opinion is an opinion issued by a court or a commission like an election commission that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some countries have procedures by which the executive or legislative branches may certify important questions to the judiciary and obtain an advisory opinion. In other countries or specific jurisdictions, courts may be prohibited from issuing advisory opinions. International courts International Court of Justice The International Court of Justice is empowered to give advisory opinions under Chapter IV of its Statute (an annex to the United Nations Charter) when requested to do so by certain organs or agencies of the United Nations. These opinions are non-binding. Inter-American Court of Human Rights The advisory function of the Inter-American Court of Human Rights enables it to respond to consultations submitted by agencies and member states o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deterrence Theory
Deterrence theory refers to the scholarship and practice of how threats or limited force by one party can convince another party to refrain from initiating some other course of action. The topic gained increased prominence as a military strategy during the Cold War with regard to the use of nuclear weapons and is related to but distinct from the concept of mutual assured destruction, which models the preventative nature of full-scale nuclear attack that would devastate both parties in a nuclear war. The central problem of deterrence revolves around how to credibly threaten military action or nuclear punishment on the adversary despite its costs to the deterrer. Deterrence is widely defined as any use of threats (implicit or explicit) or limited force intended to dissuade an actor from taking an action (i.e. maintain the status quo). Deterrence is unlike compellence, which is the attempt to get an actor (such as a state) to take an action (i.e. alter the status quo). Both are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-defence In International Law
Hugo Grotius, the 17th century jurist and father of public international law, stated in his 1625 magnum opus ''The Law of War and Peace'' that "Most Men assign three Just Causes of War, Defence, the Recovery of what's our own, and Punishment." Overview Chapter VII of the United Nations Charter Article 51 of the UN Charter states the following: ''Article 51: Nothing in the present Charter shall impair the inherent right of collective or individual self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by members in exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty On The Non-Proliferation Of Nuclear Weapons
The Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT, is an international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperation in the peaceful uses of nuclear energy, and to further the goal of achieving nuclear disarmament and general and complete disarmament. Between 1965 and 1968, the treaty was negotiated by the Eighteen Nation Committee on Disarmament, a United Nations-sponsored organization based in Geneva, Switzerland. Opened for signature in 1968, the treaty entered into force in 1970. As required by the text, after twenty-five years, NPT Parties met in May 1995 and agreed to extend the treaty indefinitely. More countries are parties to the NPT than any other arms limitation and disarmament agreement, a testament to the treaty's significance. As of August 2016, 191 states have become parties to the treaty, though North Korea, which acceded in 1985 but ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Genocide Convention
The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was the first legal instrument to codify genocide as a crime, and the first human rights treaty unanimously adopted by the United Nations General Assembly, on 9 December 1948, during the third session of the United Nations General Assembly. The Convention entered into force on 12 January 1951 and has 152 state parties . The Genocide Convention was conceived largely in response to World War II, which saw atrocities such as the Holocaust that lacked an adequate description or legal definition. Polish-Jewish lawyer Raphael Lemkin, who had coined the term genocide in 1944 to describe Nazi policies in occupied Europe and the Armenian genocide, campaigned for its recognition as a crime under international law. This culminated in 1946 in a lan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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