Nuclear warfare is one of the most unprecedented and unregulated areas of international law. Although existing international legal frameworks can be applied to the intentional detonation of nuclear weapons, Volume XLVI staffer Emma Hazeltine argues that the mere keeping of nuclear weapons by a State could constitute an “abnormally dangerous activity” under American tort law. This post explores the application of the abnormally dangerous activity doctrine to the keeping and inadvertent use of nuclear weapons.
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