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Jumping the gun? The legality of a plea of anticipatory self-defence in the face of nuclear proliferation
Thesis (LLM (International Law))--University of Pretoria, 2022.
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University of Pretoria
2023
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| _version_ | 1867613537683111936 |
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| access_status_str | Open Access |
| author2 | McKay (Nienaber), Annelize |
| author_browse | McKay (Nienaber), Annelize |
| author_facet | McKay (Nienaber), Annelize |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLM (International Law))--University of Pretoria, 2022. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/91732 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:43.693Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/91732 Jumping the gun? The legality of a plea of anticipatory self-defence in the face of nuclear proliferation McKay (Nienaber), Annelize chrisna.rossouw@icloud.com Rossouw, Chrisna UCTD Anticipatory self-defence Jus ad bellum Nuclear proliferation Collective security Nuclear weapons Collective security Law articles SDG-03 Law articles SDG-16 Law articles SDG-17 Thesis (LLM (International Law))--University of Pretoria, 2022. In a post-Cold War epoch, states’ proliferation of nuclear weapons and fissionable materials in the pursuit of nuclear dominance is becoming increasingly apparent. This is evidenced by non-nuclear weapon states’ breaches in their non-proliferation obligations under the Treaty on the Non-Proliferation of Nuclear Weapons. The inadequacy of the current nuclear non-proliferation legal framework to discern the atomic nature and intent of a state’s nuclear ambitions serves as impetus for threatened states to rely on their inherent right of self-defence as means of self-preservation. By striking an allegedly proliferating state’s nuclear reactors first, threatened states aim to annihilate the threat of military nuclear capability. The legality of the use of force in anticipatory self-defence, however, is not yet decided. Article 51 of the Charter of the United Nations requires that a state only may invoke individual self-defence on the condition that it has suffered an actual armed attack. However, it is argued that the catastrophic nature of unconventional weapons necessitates anticipatory action in self-defence, before it is too late. The thesis examines the controversial issue of the legal status of anticipatory self-defence in response to nuclear proliferation under jus ad bellum. The study offers insight into the legality of hypothetical anticipatory action taken in the face of the Islamic Republic of Iran’s alleged nuclear weapons capability. rz2025 Public Law LLM (International Law) Unrestricted SDG-03: Good health and well-being SDG-16: Peace, justice and strong institutions SDG-17: Partnerships for the goals 2023-07-31T13:01:35Z 2023-07-31T13:01:35Z 2023-09-06 2022 Thesis * S2023 http://hdl.handle.net/2263/91732 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Anticipatory self-defence Jus ad bellum Nuclear proliferation Collective security Nuclear weapons Collective security Law articles SDG-03 Law articles SDG-16 Law articles SDG-17 Jumping the gun? The legality of a plea of anticipatory self-defence in the face of nuclear proliferation |
| title | Jumping the gun? The legality of a plea of anticipatory self-defence in the face of nuclear proliferation |
| title_full | Jumping the gun? The legality of a plea of anticipatory self-defence in the face of nuclear proliferation |
| title_fullStr | Jumping the gun? The legality of a plea of anticipatory self-defence in the face of nuclear proliferation |
| title_full_unstemmed | Jumping the gun? The legality of a plea of anticipatory self-defence in the face of nuclear proliferation |
| title_short | Jumping the gun? The legality of a plea of anticipatory self-defence in the face of nuclear proliferation |
| title_sort | jumping the gun the legality of a plea of anticipatory self defence in the face of nuclear proliferation |
| topic | UCTD Anticipatory self-defence Jus ad bellum Nuclear proliferation Collective security Nuclear weapons Collective security Law articles SDG-03 Law articles SDG-16 Law articles SDG-17 |
| url | http://hdl.handle.net/2263/91732 |