PEACEFUL USE OF NUCLEAR ENERGY IN INTERNATIONAL LAW
Keywords:
Peaceful nuclear energy, international law, non-proliferation, nuclear safety, IAEA safeguardsAbstract
the peaceful use of nuclear energy occupies a unique position in the framework of public international law: it embodies both a right of States and a subject for rigorous normative control. This article analyses the legal foundations of that right, the institutional regime supporting peaceful nuclear cooperation, and the balancing of non‑proliferation obligations with the development of civil nuclear technologies. It argues that while the right to peaceful nuclear energy is firmly embedded in the Treaty on the Non‑Proliferation of Nuclear Weapons (NPT) and related instruments, operationalising it in a globally consistent and equitable manner remains a challenge. Key themes include the meaning of “peaceful purpose”, the legal obligations of States parties, and how international law may evolve to better support safety, security and development goals.
References
¹ Treaty on the Non-Proliferation of Nuclear Weapons, opened for signature 1 July 1968, 729 UNTS 161 (entered into force 5 March 1970).
² ElBaradei, M., 'International Law and Nuclear Energy: Overview of the Legal Framework' (1995) International Atomic Energy Agency Bulletin 37(2).
³ Joyner, D.H., 'The Right to Peaceful Nuclear Energy' (2015) 20 Journal of Conflict & Security Law 423.
⁴ Jonas, D.S., 'What’s Intent Got to Do with It? Interpreting “Peaceful Purpose” in International Nuclear Law' (2018) 32 Emory International Law Review 255.
