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Developing U.S. Nuclear Weapons Policy and International Law: The Approach of the Obama Administration
Get PDFPrior U.S. presidential administrations have developed and adhered to the nuclear weaponspolicy of nuclear deterrence. This policy was largely conditioned by the Cold War and the fact thatthe U.S. Cold War adversary was a major threat to U.S. security because of its nuclear capability.The policy of nuclear deterrence worked on the principle of mutually assured destruction. Itappears to have had the effect of discouraging recourse to nuclear weapons as instruments of war.It has also been generally perceived as a position that has an uneasy relationship with conventionalinternational law. Even before entering office, President Obama suggested the need for a newperspective in nuclear weapons control: regulation and possible abolition.1 It was therefore withmuch anticipation that public opinion awaited the Obama Nuclear Posture Review (NPR).However, the report did not quite measure up to the public’s expectations. For example, theAdministration reaffirmed NATO obligations that require U.S. adherence to the policy of nucleardeterrence, which does not represent a significant change from past policy. Nevertheless, strategicdevelopments in treaty commitments with both NATO allies and former Cold War opponentsimply a closer approximation with international law standards regarding the threat and use ofnuclear weapons. Therefore, while current U.S. policy generates an expectation regarding thethreat or use and abolition of nuclear weapons, it still retains an element of nuclear deterrence in itsstrategic posture, which, as indicated, seems to be in tension with international law. U.S. securitystrategy straddles a delicate balance between unilateral action and action consistent with promotingand defending international law in the national interest
But She Doesn’t Run Like a Girl . . . : The Ethic of Fair Play and the Flexibility of the Binary Conception of Sex
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Shifting the Domestic and International Logjams on Climate Change: A New Defense of Cap and Dividend
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Abdullahi v. Pfizer : The Second Circuit Expands the Scope of Customary International Law Under the Alien Torts Statute
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Reflections on the Current State of Play: Have U.S. Courts Finally Decided To Stop Using International Agreements and Reports of International Trade Panels in Adjudicating International Trade Cases?
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United States—Final Anti-Dumping Measures on Stainless Steel from Mexico: Row over Zeroing Reveals Judicial Quagmire
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