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5 - Nuclear Weapons Law and the Cold War and Post–Cold War Worlds: a Story of Co-production

from Part II - The Generative/Productive Cold War

Published online by Cambridge University Press:  05 December 2019

Matthew Craven
Affiliation:
School of Oriental and African Studies, University of London
Sundhya Pahuja
Affiliation:
University of Melbourne
Gerry Simpson
Affiliation:
London School of Economics and Political Science
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Summary

This chapter is concerned with exploring the mutually constitutive character of the international law of nuclear weapons, and the Cold War and post–Cold War environs in which that law was to be developed. In one direction it is argued that a consensual treaty-based system of law-making prevailed during the Cold War, which shifted to a system of Security Council legislation in the post-Cold War era, and that this reflected a parallel shift from a multipolar to a unipolar geopolitics. In another direction, however, it is also argued that the international law of nuclear weaponry also contributed to the production of its own political environs by both legitimating the possession of nuclear weaponry and controlling its spread.

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Publisher: Cambridge University Press
Print publication year: 2019

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