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The Proliferation Security Initiative and International Law of the Sea: A Japanese Lawyer’s Perspective KCI 등재

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  • URLhttps://db.koreascholar.com/Article/Detail/347843
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이준국제법연구원 (YIJUN Institute of International Law)
초록

In the modern climate of concern regarding rogue states and terrorists attacks following September 11th, the Proliferation Security Initiative, a new cooperative interdiction separate from treaties and multilateral export control regimes, is considered a useful tool in preventing the proliferation of Weapons of Mass Destruction. However, the Proliferation Security Initiative[j2] includes certain strategies that are in conflict with contemporary international law of the sea. On a bilateral and multilateral basis, the United States seeks to promote the international law-making process to achieve the goals of the PSI through the adoption of U.N. Security Council Resolution 1540, the conclusion of a bilateral boarding agreement, and the revision of the SUA Convention. Despite such efforts, the United States has made little progress towards achieving its goals. It is difficult to overcome generally accepted and established principles of flag states and freedom of navigation, even if there are certain potential threats to international peace and security caused by the proliferation of WMD.

목차
The Proliferation Security Initiative and International Law of the Sea
  I. Introduction
  II. PSI and Traditional International Legal Order
  III. International Efforts to Implement the PSI
  IV. Conclusion
저자
  • Hiroyuki Banzai(International Law at Waseda University)