Tactical Nuclear Weapons in International Humanitarian Law

GRIN Verlag
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Scientific Study from the year 2015 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: This article examines the legality of tactical nuclear weapons under International Humanitarian Law. Additionally, the ideas behind the development of tactical nuclear weapons as well as their historical background during the Cold War and after 9/11 are examined. Tactical (or 'small') nuclear weapons have been developed during the Cold War and had been deployed e.g. to West Germany for possible use on the battlefield in the event of a Soviet invasion of Western Europe. After the end of the Cold War, the dangerous idea that nuclear weapons could be used on the battlefield without triggering a global thermonuclear conflict has remained relevant. It has been discussed e.g. in the context of the threat posed by the Iranian nuclear weapons program as one possible way to destroy hardened or underground targets. In this paper the issue of tactical nuclear weapons is approached from the perspective of International Humanitarian Law, the set of rules which govern the conduct of armed forces in conflict.
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About the author

RA Dr. Stefan Kirchner, MJI, is an international legal consultant, admitted to the bar in Germany (www.marine-consulting-eu). He has worked at the Law of the Sea Division of the German Foreign Ministry in Berlin and at the German Federal Maritime and Hydrographic Agency. He has been Assistant Professor for the Law of the Sea in Kaunas and Associate Professor for Fundamental and Human Rights in Rovaniemi. After serving as Co-Chair of the Rights of Indigenous Peoples Interest Group of the American Society of International Law he now holds that position in ASIL’s Law of the Sea Interest Group.

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Additional Information

GRIN Verlag
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Published on
Sep 10, 2015
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Law / International
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Stefan Kirchner
Thesis (M.A.) from the year 2006 in the subject Law - European and International Law, Intellectual Properties, grade: 13,53 (gut) , Justus-Liebig-University Giessen, course: Magister Juris Internationalis, language: English, abstract: With an aging demographic all over the European Union, the European pharmaceutical sector is set to grow in the coming decades. Al-ready today the pharmaceutical industry is a key employer in Europe. At the same time, the pharmaceutical industry is marked by a very ex-pensive research and development phase, which makes strong intellectual property rights crucial to ensure that research for new pharmaceuticals remains commercially interesting. But not only direct threats to intellectual property rights, such as the production of generic phar-maceuticals or the sale of counterfeit pharmaceuticals, pose a threat to those pharmaceutical companies which heavily invest in research for the development of new products: different prices for identical pharmaceuticals in different member states of the European Community make it economically interesting to buy pharmaceuticals in one member state and sell them abroad. It might even be cheaper to sell reimported pharmaceuticals in the country of origin. This possibility opens a whole new market for reimporters which cuts directly into the profit of the producers. In this thesis we will look at different issues surrounding intellectual property rights in the European pharmaceutical sector by investigating the jurisprudence of the European Court of Justice and the Court of First Instance.
Stefan Kirchner
Scientific Essay from the year 2015 in the subject Law - Comparative Legal Systems, Comparative Law, , language: English, abstract: Aging societies and advances in medicine make it likely that biomedical issues will pose legal challenges. While biolaw can provide some regulation, important life and death decisions have to be taken by patients and physicians. Often, though, patients are no longer capable of making such decisions. In 2009, Germany formalized the private law rules on advance directives. While advance directives, also referred to as living wills, are still widely associated with wishes for euthanasia, they function today goes far beyond that. In terms of criminal law, Germany still outlaws active euthanasia. In so far it differs from the Netherlands, Belgium, Luxembourg and Switzerland. Given that there has been a noticeable shift of emphasis from human dignity and the right to life to personal autonomy as a function of human dignity and in light of the legalization of euthanasia in several neighboring countries and resulting euthanasia tourism from Germany to Switzerland, there is a risk that the legal situation or at least the general attitude and the perception of the law will also change in Germany. This can lead to a risk of unwanted active or passive euthanasia, a problem which is highlighted by a case which is currently pending before the European Court of Human Rights against France. Taking into account human rights and human dignity as well as the continued underlying role of cultural-religious values it will be shown that there is now an emerging role for advance directives as tool to enable patients to protect their lives if the law fails to do so.
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