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图书目录:PREFACE TO FIRST EDITION
PREFACE TO SECOND, REVISED EDITION (SINGH) PREFACE TO SECOND, REVISED EDITION (McWHINNEY) TABLE OF CASES TABLE OF TREATIES PART ONE: INTRODUCTION 1 The Nature of the Laws of War The Importance of the Law on the Subject The Origin and Development of the Laws of War 2. The Effect of Nuclear Weapons 3. Conventional Arms and Nuclear Weapons PART TWO: NUCLEAR WEAPONS AND CUSTOMARY INTERNATIONAL LAW 4. The Laws of War Usage, Custom and Convention Usage and Custom Customary and Conventional Law Unratified Treaties as a Source of Customary Law The General Participation Clause and its Effect on Treaties Sources General Principles of Law Judicial Decisions Teachings of Qualified Publicists Law and Custom and the Use of Force Customary Law and the Use of Nuclear Weapons Military Necessity and Nuclear Weapons The Doctrine of Military Success Military Danger and Nuclear Weapons Humanity and Nuclear Weapons Combatants and Civilians in Nuclear Warfare Chivalry The Region and Theatre of War and Nuclear Weapons 5. Military Survival, Self-Preservation and Self-Defence Self-Preservation as a Right The Plea of Military Survival SelfoDefence Individual Self-Defence in Customary and Conventional Law 'Collective Self-Defence' in Customary and Conventional Lay 'Armed Attack' as a Condition Precedent The Exercise of the Right of Self-Defence Limitations on the Use of Force Judicial Determination PART THREE: NUCLEAR WEAPONS AND TREATY LAWS 6. The Commencement of Hostilities 7. Land Warfare and Prohibited Weapons and Practices Conventional Law and Prohibited Weapons General Principles Special Prohibitions Poison The Definition of 'Poison' Initial or Immediate Nuclear Radiation Radioactive Fall-Out Gas, Chemical and Bacteriological Warfare Bacteriological and Radiological Warfare Specific Munitions and Arms Conventional Law and Prohibited Practices 8. Naval Warfare and Nuclear Weapons Naval Weapons and Nuclear Devices Conventions Common to Land and Sea Warfare Conventions and Rules Peculiar to Naval Warfare Prohibited Objects of Naval Attack The Rules Governing Naval Bombardment 9. Air Warfare and Nuclear Weapons Sources The Hague Rules of Air Warfare, 1923 The Declarations of States Customary and Conventional Law Bombing and Nuclear Weapons Prohibited Weapons and Aerial Bombardment Legitimate Objects of Air Attack Combatants and Non-Combatants 10. The Geneva Conventions of 1949 and Nuclear Weapons Protected Persons Nature of Protection Safety Zones Protected Property Prohibited Practices and Grave Breaches The Duties of Belligerents PART FOUR: NUCLEAR WEAPONS AND THE LAW OF WAR 11. The Possible Legal Use of Nuclear Weapons Enforcement Action under the Charter and Other Pleas As a Deterrent Instrument of Punishment Reprisals The Principle of Proportionality The Geneva Conventions Use and Abuse 12. Nuclear Weapons and lnternational Law Doctrines Nuclear Weapons and the Law of Peace Nuclear Weapons and Neutral Rights in War Nuclear Weapons and the Raison d'Etre of International Law Nuclear Weapons and Specific Prohibitions Nuclear Weapons and Environment as a Common Heritage of Mankind Nuclear Weapons and the Theory of Deterrence PART FIVE: THE CONTEMPORARY INTERNATIONAL LAW OF DISARMAMENT 13. An Era of Transition in International Relations and International Law 14. Genesis of a Special lnternational Law of Disarrnament: Relation to General International Law 15. Contemporary Challenges to "Classical' International Law: New Sources of International Law, Law-as-Fact 16. International Law as Process: Holistic Solutions Versus Pragmatic, Empirical, Problem-Oriented Methods PART SIX: EAST-WEST DETENTE AND THE TREATY-MAKING APPROACH TO NUCLEAR DISARMAMENT: THE POLITIC OF LITTLE STEPS 17. The Larger East-West Detente Process: The International Law of Peaceful Coexistence (Friendly Relations) 18. Nuclear Disarmament and the Detente Process: Genesis of the Step- by-Step Approach 19. The Moscow Partial Test Ban Treaty, 1963 20. The Outer Space Treaty, 1967 21. The Non-Proliferation Treaty, 1968 22. Treaty Prohibiting Nuclear Weapons on the Sea-Bed and Ocean Floor, 1971 23. Incremental Advances Through the Politic of Little Steps PART SEVEN: FUNDAMENTAL EAST-WEST ACCOMMODA- TION ON NUCLEAR DISARMAMENT: THE POLITIC OF BIG STEPS (SALT I AND SALT II) 24. Salt I: The ABM Treaty, and the Interim Agreement, 1972 The Nixon-Brezhnev Moscow Accords -May 1972 Strategic Arms Limitation: SALT I The ABM Treaty, 1972 The Interim Agreement on Strategic Offensive Arms, and Protocol, 1972 25. The Attempted Breakthrough of SALT H, 1974-1979 The Washington Accords - June 1973 The Vladivostok Summit Meeting - November 1974 The Long March to SALT II: The U.S. Internal Political Debate The SALT II Treaty and Protocol, 1979 PART EIGHT: NEW ARENAS, NEW PROCESSES, IN INTERNA- TIONAL LAW- MAKING ON NUCLEAR DISARMAMENT 26. The Executive-Governmental Route: The 'Politic of Mutual Example' 27. The Parliamentary Route: Resolutions of the UN. General Assembly 28. The International Judicial Route: The International Court of Justice 29. The National Judicial Route: Litigation Before National Supreme Courts PART NINE: THE ILLEGALITY OF NUCLEAR WEAPONS: CONTEMPORARY INTERNATIONAL LAW DOCTRINES 30. State of the Doctrines: A Priori Definitions of lllegality of Nuclear Weapons and Nuclear Weapons User Illegality Per Se (Intrinsic Illegality) Illegality in the User (Extrinsic Illegality) The 1977 Protocols Additional to the Geneva Conventions of 1949 31. Operational Definitions of Illegality of Nuclear Weapons and Nuclear Weapons User: Illegality in the Political Context PART TEN: UNILATERAL ACTION AND THE INTERNA- TIONAL LAW NORMS OF NUCLEAR DISARMAMENT: THE U.S. STRATEGIC DEFENCE INITIATIVE ('STAR WARS') 32. Breakdown in the SALT Process and the Larger East-West Detente 33. U.S. Administration's Policy Rationale for S. D. I. 34. U.S. Administration's Charges of Soviet Non-Compliance with the A. B. M. Treaty, 1972 35. U.S. Administration's Legal Justification of S. D. I. 36. Legal Critique of the U.S. Administration's Legal Justification of S.D.I. 37. Relevance of Other International Treaties to S. D. I. 38. Conclusions 39. International Legal Constraints on the U.S. Administration's S. D. I. Programme PART ELEVEN: THE DYNAMIC OF CONTEMPORARY INTER- NATIONAL LAW-MAKING, AND THE NUCLEAR DISARMA- MENT PROCESS 40. Evolution and Change in Nuclear Disarmament Law-Making Modes: Dominance of Doctrines in the Early Post-War Period 41. The Era of Detente: Emergence of the Contemporary East-West Treaty and the East-West Summit Meeting 42. The Decline of Detente: Filling the Law-Making Gap as to Nuclear Disarmament 43. The Crisis of Detente and the Disarmament Process of the Mid- 1980s 44. The Law-in-Books and the Law-in-Action: Legally Constraining the Two Superpowers Through Nuclear Disarmament Norms 45. Reviving the Detente and Disarmament Process in an Era of Transi- tion and Fundamental Change PART TWELVE: POSTSCRIPT: DF, TENTE- DISARMAMENT RESURRECTED? 46. The Shevardnadze-Shultz 'Agreement in Principle', 18 September 1987 47. The Gorbachev-Reagan Washington Summit Meeting, and the INF Treaty, 8 December 1987 48. The Next Big Step: A Strategic Offensive Arms (Long-Range Missiles) Treaty, and Beyond APPENDICES 1. Hiroshima and Nagasaki 2. Documents A. United Nations General Assembly Resolutions (1946-1963) B. Institut de Droit International Resolution (1969) C. Carnegie Endowment for International Peace-Consensus Statements (1969) D. Treaties and Related Declarations BIBLIOGRAPHY INDEX |