The legality of the threat or use of nuclear weapons : the ICJ advisory opinion reconsidered
Völkerrecht und die Dynamik der Menschenrechte : Liber Amicorum Wolfram Karl
Wien : Facultas.wuv, 2012
The most serious, insidious and publicly neglected challenge in today's world and international law is the legal status of nuclear weapons. This chapter introduces the subject with some remarks of a historical and rather general nature. It concentrates on the 1996 Nuclear weapons opinion of the International Court of Justice and formulates seven critiques concerning the Opinion based on fundamental principles and concepts of international law. In conclusion, it asks whether the Court would or should decide differently, if it had to deal with the General Assembly's request today.