treaty of non-proliferation; nuclear science; nuclear weapons; responsibility; enforcement; verification
Abstract :
[en] The role of the law in front of nuclear technologies and nuclear weapons is a meaningful one. The law is aimed to regulate the existing nuclear activities, or – at a preliminary stage – to (try to) prevent and govern the risks arising from the misuse of nuclear technologies, or to tackle the problem of nuclear proliferation. However, on many occasions, it appears that the law is inefficient to deal with these issues.
Thus, the paper proposes some “best practice” legal ways to be followed, in order to build a cooperative nuclear compliance at a global level.
The analysis starts from the focus on the Treaty of Non-Proliferation (NPT), highlighting the content of Article VI as judicially interpreted by the International Court of Justice, and examining the gaps and limits that the NPT still owns.
After defining the notions of “verification, compliance and enforcement”, the paper concentrates on some methods and mechanisms that have been established at the international law level in general, with the purpose to obtain the respect of international rules. In the belief that the comparison could be useful as a “source of inspiration” for the nuclear non-proliferation, the chosen ways of verification and compliance pertain to the area of environmental law and trade law.
On the basis of such comparison, a set of guidelines for enhancing cooperative compliance in the nuclear field is concretely offered. In particular, it is stressed to (a) collect and monitor the data; (b) reinforce the structure and action of the International Atomic Energy Agency (IAEA); (c) involve other UN bodies, of States and civil society; and (d) follow the principles of (i) the rule of law, (ii) impartiality and non-discrimination, (iii) transparency, and (iv) responsibility.
Disciplines :
Political science, public administration & international relations
Author, co-author :
Colussi, Ilaria Anna ; Université de Liège > Département de science politique > Politique européenne
Martellini, Maurizio
Language :
English
Title :
Best Practice Guidelines for Cooperative Compliance with Nuclear Non-Proliferation Obligations
Publication date :
2016
Main work title :
Nuclear Non-Proliferation in International Law, Volume II, Verification and Compliance
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