NUCLEAR WEAPONS LAW ASSOCIATION, INC.

 

            The Nuclear Weapons Law Association, Inc. ("NWLA") is a not-for-profit association formed by attorneys and others concerned about the proliferation of nuclear and other weapons of mass destruction and determined to subject such weapons and the related risks to the rule of law, particularly to the rules of international law applicable to the use of force. 

            NWLA grows out of the work by Charles J. Moxley, Jr. in writing Nuclear Weapons and International Law in the Post Cold War World (Austin & Winfield, University Press of America, 2000), analyzing the rules of international law applicable to the use of nuclear weapons.  A synopsis of Professor Moxley's book follows, as does a summary of critical commentary on the book.

            The purpose of this website is to provide information and links as to facts and law relevant to the question of the lawfulness of the use and threat of use of nuclear weapons.

Professor Moxley's overall analysis as to the unlawfulness of the use and threat of use of nuclear weapons is summarized in a report on the subject which he principally authored on behalf of the Foreign and International Law Committee of the New York County Lawyers' Association. See Report of the Foreign and International Law Committee of the New York County Lawyers' Association, On the Unlawfulness of the Use and Threat of Use of Nuclear Weapons, (pdf) September 11, 2000.

            Professor Moxley elaborated on his analysis in a panel discussion at the 2001 International Law Weekend of the Association of the Bar of the City of New York.  See  The Unlawfulness of the Use or Threat of Use of Nuclear Weapons, (pdf) 8 ILSA J. of Int'l and Comp. Law 447 (2002).

            Professor Moxley set forth his analysis of legal issues relating to the North Korean nuclear weapons program in The Sword In The Mirror -- The Lawfulness of North Korea's Use and Threat of Use of Nuclear Weapons Based on the United States' Legitimization of Nuclear Weapons,  27 Fordham Int'l L.J. 1379 (2004).

            Professor Moxley's analysis of the Bush Administration's 2002 Nuclear Posture Review appears at 2002 Nuclear Posture Review: Strategic and Legal Ramifications.

            Professor Moxley's analysis of issues as to the lawfulness of the United Kingdom's policy of nuclear deterrence is set forth in The Unlawfulness of the United Kingdoms Policy of Nuclear Deterrence: The Invalidity of the Scottish High Courts Decision in Zelter, (pdf) Disarmament Diplomacy No. 58, June 2001, and in The Unlawfulness of the United Kingdom's Policy of Nuclear Deterrence, Juridical Review, Part 6, 2001.  See Lord Advocate's Reference No. 1 of 2000, 2001 SCCR  296 [March 30, 2001] Misc 11/00 H.C.J. (Scot.).  The Lord Advocate's Reference opinion in the Zelter case is available at http://www.scotcourts.gov.uk/opinions/11_00.html (visited August 1, 2005).  The case is in Lexis under Scottish decisions in the United Kingdom library of case law.

            Documents obtained by Professor Moxley from the US Navy under the Freedom of Information Act relating to the issue of the lawfulness of the threat or use of nuclear weapons maintained by the Navy appear at FOIA Materials.

            The syllabus for Professor Moxley's Fordham Law School course on Nuclear Weapons and International Law (Fall 2008) is set forth at Syllabus.  This document also sets forth various topics for research which appear to be important areas for further analysis with respect to the issue of the lawfulness of the use or threat of use of nuclear weapons.

            See the Links to a number of sources containing information relevant to nuclear weapons law.

Several documents available through this webpage are in Adobe .pdf format.  If needed, the free Adobe Acrobat Reader is available for download at www.adobe.com .