영문목차
Foreword/Robert S. McNamara=xv
Foreword/David W. Leebron=xvii
Foreword/Kosta Tsipis=xix
Preface=xxv
Acknowledgements=xxix
Introduction=1
PART Ⅰ. THE LAW=13
Chapter 1. The Law as Seen by the United States=15
Introduction=15
Sources of International Law=19
Nature and Purpose of the Law of Armed Conflict=28
Political Nature of the Law of Armed Conflict=31
Binding Nature of International Law=31
Main Corpus of the Law of Armed Conflict=33
Jus ad Bellum and Jus in Bello=37
General Rules of the Law of Armed Conflict=39
Rule of Proportionality=39
Rule of Necessity=52
Rule of Moderation=63
Rule of Discrimination=64
Rule of Civilian Immunity=69
Limits on Target Area Bombing=71
Principle of Neutrality=74
Prohibition of Chemical Weapons=76
Prohibition of Bacteriological/Biological Agents=81
Principle of Environmental Protection=84
Prohibition of Genocide=85
The Martens Clause=85
Principle of Analogy=86
Principle of Humanity=87
Principle of Reciprocity=88
Reprisals=88
Mental State=94
War Crimes=99
Prohibitive Nature of Law of Armed Conflict=101
Bases for Per Se Rule=102
Chapter 2. The Law as Applied by the United States=105
Elaboration of the U.S. Formal Position=108
Prerequisites for a Per Se Rule=113
General Applicability of the Rules of Law=114
International Agreements on Nuclear Weapons=116
International Agreements on Other Weapons=119
Sources of International Law=120
The Martens Clause=123
Rule of Necessity=124
Controllability of the Effects of Nuclear Weapons=125
Issues as to Low-Yield Nuclear Weapons=129
Significance of Probabilities as to Escalation=131
Proportionality=136
Time Frame for Determining Lawfulness=139
Effects of Nuclear Versus Conventional Weapons=140
Discrimination/Civilian Immunity=142
The Law of Humanity;Prohibition of Genocide=142
Prohibition of Poisons=143
The Poison Gas Analogy=144
Neutrality=146
Environmental Security=148
International Agreements on Human Rights=149
The Resolutions Argument=149
Reprisals=150
Deterrence=151
Chapter 3. The ICJ's Nuclear Weapons Advisory Opinion=155
The Issue Presented=160
The Court's Conclusion=161
Unique Characteristics of Nuclear Weapons=162
Finding of Insufficient Facts=168
Apparent Unlawfulness of High Yield Nuclear Weapons=171
Nuclear Weapons for Self-Defense=174
UN Charter Provisions=184
The Court's Refusal to Engage in Risk Analysis=186
Identification of Risk Factors=187
The Lotus/Sovereignty Issue=192
Pattern of Specific Instruments=193
Covenant on Civil and Political Rights=193
Genocide Convention=194
Protection of the Environment=195
Poisonous Weapons=197
Agreed Limitations on Use of Nuclear Weapons=199
Practice of Non-Use=201
Deterrence=202
U.N. General Assembly Resolutions=208
International Humanitarian Law=209
Jus Cogens=214
Principle of Discrimination/Civilian Immunity=216
Principle of Necessity=219
Principle of Neutrality=221
Requirements for Per Se Rule=226
Legal Limitations on the Lawfulness of Reprisals=228
Whether the Court Found a Non Liquet=229
Legal Status in the Absence of Applicable Law=232
Values Underlying International Law=236
Sources of International Law=242
Mental State=245
Significance of a Finding of Illegality=248
Characterization of the Court's Decision=249
PART Ⅱ. ADDITIONAL APPLICABLE PRINCIPLES OF LAW=251
Introduction=253
Chapter 4. Prerequisites for a Per Se Rule=255
Chapter 5. Interpreting International Law According to Its Purpose=275
Chapter 6. The Legal Significance of Probabilities as to the Potential Effects of the Use of Nuclear Weapons=279
Chapter 7. Probability Analysis under Generally Accepted Principles of Criminal Law-Rules as to Recklessness and Foreseeability=293
Chapter 8. Recklessness under Established Law of Armed Conflict=313
Chapter 9. Application of Probability Analysis to Risks Associated with the Use of Nuclear Weapons=339
Chapter 10. Limitations on the Extent to Which Innocent Third-Parties May Be Endangered in the Exercise of Otherwise Lawful Uses of Force=347
Chapter 11. The Lesser Evil(Necessity) Principle=353
Chapter 12. Legal Effect of Having Caused One's Own Need to Resort to Extreme Force=367
PART Ⅲ. ADDITIONAL LEGAL HISTORY AND PRINCIPLES=375
Chapter 13. The Evolution of International Law as to Landmines=377
Chapter 14. Limitations of the Principle of Double Effect=387
PART Ⅳ. RISK FACTORS OF THE NUCLEAR WEAPONS REGIME=393
Introduction=395
Chapter 15. Risk Factors as to the Weapons Themselves=397
Delivery Vehicles and Warheads=401
Categories of Nuclear Weapons=404
Radiation Effects of Nuclear Weapons=405
Levels of Radiation Necessary to Cause Injury=408
Potential Effects of Limited Nuclear War=426
Human Side of the Effects of Nuclear Weapons=430
Hiroshima and Nagasaki=433
Chernobyl=433
Injury Caused by Conventional Weapons=443
Chapter 16. Risk Factors Inherent in U.S. Declaratory Policy as to Nuclear Weapons in the Post World War Ⅱ Era=447
Chapter 17. Risk Factors Inherent in U.S. Operational Policy as to Nuclear Weapons in the Post World War Ⅱ Era=465
Chapter 18. Revised U.S. Strategic Policy in the Post Cold War Era:The Nuclear Posture Review-And Related Risk Factors=483
Chapter 19. U.S. Nuclear Force Structure and Related Risk Factors=501
Chapter 20. Times the United States Threatened or Considered the Use of Nuclear Weapons=515
Chapter 21. Probabilities as to Accuracy of U.S. Targeting of Nuclear Weapons=521
Chapter 22. Risk Factors Inherent in the Practice of Nuclear Deterrence=533
The Danger of Precipitating a Nuclear War=535
The Fostering of an Arms Race=539
The Fostering of Nuclear Proliferation=540
The Risks of Terrorism=541
The Risks of Human and Equipment Failure=543
The Risks of Testing=545
The Risks of Production, Storage and Disposal=547
Overall Cost Factors=548
Jeopardy to Rule of Law=549
Catastrophe Theory=549
Chapter 23. States Possessing Nuclear Weapons Capability=555
Chapter 24. U.S. Recognition That The Use of Nuclear Weapons Would Serve No Military Purpose=575
Chapter 25. U.S. Recognition That Even a Limited Use of Nuclear Weapons Would Likely Escalate Into a Widescale Nuclear Exchange=585
Chapter 26. Risks of Use of Nuclear Weapons in the Post Cold War Era=599
Chapter 27. Risks That Even a Limited Use of Nuclear Weapons Would Precipitate Use of Chemical and Biological Weapons, and Vice Versa=605
Chapter 28. The High Tech Conventional Weapons Alternative=633
PART V. APPLICATION OF THE LAW TO THE FACTS=651
Chapter 29. Unlawfulness of Use of Nuclear Weapons under Rules of International Law Recognized by the United States=653
Per Se Rules under General Principles of Law=654
Uncontrollability as Connoting Unlawfulness=657
U.S. Position as to Controllability=659
U.S. Acknowledgment of Uncontrollability=662
The Fact of Uncontrollability=664
Further Bases of Unlawfulness=686
Rule of Proportionality=686
Rules of Discrimination and Neutrality=699
Rule of Necessity=705
Rule of Moderation=707
Principle of Humanity=707
Prohibition of Poisons and Poison Gas and Analogous Materials=708
Reprisals=712
The Martens Clause=716
Self-Defense as Subject to Law of Armed Conflict=717
War Crimes=721
Mental State=722
Conclusion=726
Chapter 30. Unlawfulness of Nuclear Weapons under Additional Generally Recognized Principles of Law=729
Risk Analysis=729
Applicable Risk Factors=734
Law as to Risk Creation=752
Relation of Risk Factors to Mental State=753
The Invalidity of the "As Such" Rule=759
Prerequisites for a Per Se Rule=762
Deterrence, the Naked and Toothless Emperor=767
The Federalist Papers and Denuclearization=771
Denial and the Nature of Evil=774
Unlawfulness of Second Use=776
Conclusion=780
Index=783
Author Biographical Sketch=815