Nuclear Weapons and International Law in the Post Cold War World

by Charles J. Moxley, Jr.

With Forewords by Robert S. McNamara, David W. Leebron, and Kosta Tsipis

(Austin & Winfield, Publishers, 2000)

Nuclear Weapons and International Law in the Post Cold War World by New York attorney and former St. John's law professor Charles Moxley contends that the use of nuclear weapons is per se unlawful based upon rules of international law recognized by the United States and facts beyond reasonable dispute.

His professional experience has centered around litigating complex securities and commercial disputes in federal and state courts throughout the country, in serving as an arbitrator deciding such disputes in matters before the American Arbitration Association, and in teaching litigation related subjects at St. John's University School of Law and New York Law School. He has also been active over the years in lawyers groups in the arms control area.

The book grew out of such interests. It represents his effort to apply tough litigative as opposed to political or philosophical analysis to the issue of the lawfulness of the use of nuclear weapons.

Robert S. McNamara, secretary of defense in the Kennedy and Johnson Administrations, writes in his foreword to the book:

Professor Moxley has given us the best exposition that I have seen of the irrationality of the U.S. policy in this area, the irrationality of the policies of the other nuclear weapons states, and the irrationality of the human race in permitting the potential use of these weapons to continue.

I urge the President and the Congress to investigate the claim Professor Moxley makes that, given all of the risk factors, the use of nuclear weapons is per se unlawful under rules of law long recognized by the United States.

Professor Moxley has done us a great service by inviting us to engage this historic opportunity. Nuclear Weapons and International Law in the Post Cold War World will be an indispensable reference work for all who wish to debate the issue.