James Fry & Saroj Nair on Deconstructing Dud Disarmament Disputes (Journal of Conflict and Security Law)

"Deconstructing Dud Disarmament Disputes"
James D Fry & Saroj Nair
Journal of Conflict and Security Law

Published on 11 December 2020

Abstract: This Article explores the limits of judicial settlement of nuclear-weapon disputes through a case study of the Marshall Islands’ cases against India, Pakistan and the UK before the International Court of Justice in 2016. It posits that judicial settlement is limited mainly by the quality of the arguments and evidence submitted by the disputants, not by any limitations inherent in judicial settlement with such politically sensitive disputes. The lawyers in the Marshall Islands’ cases should have taken greater care in crafting their arguments and in tying them explicitly to Article VI of the Nuclear Non-Proliferation Treaty and its customary equivalent.

Fry and Nair on Moral Disarmament: Reviving a Legacy of the Great War (Michigan J of IL)

"Moral Disarmament: Reviving a Legacy of the Great War"
James Fry and Saroj Nair
Michigan Journal of International Law

published on 15 October 2018,
Vol. 40, Issue 1, pp 1-45

Abstract: In short, this Article examines the concept of moral disarmament using a broad-spectrum definition of humanity rather than the traditional IHL perspective. Rather than referring to human rights that are impacted by armaments, this Article looks at methods through which human initiative can create a society that truly hungers for disarmament. In other words, this Article points out that the extent of change that society can bring about through education, intellectual cooperation, peace initiatives, international affairs awareness, and intercultural communication can be reflected in the economic growth, social growth, and development of states. The aim is to help the reader envisage a world where moral disarmament is part of the fabric of society, thus helping to create an environment where people begin to see disarmament as a way of life or a natural result of the peace and prosperity that they otherwise enjoy.