Nuclear Weapons, Justice and the Law

Nuclear Weapons, Justice and the Law

Elli Louka

It is often argued that the nuclear non-proliferation order divides the world into nuclear-weapon-haves and have-nots, creating a nuclear apartheid. Employing a careful and nuanced discussion of this claim, Elli Louka examines the architecture of the nuclear non-proliferation order, the fairness and effectiveness of international and regional institutions and scenarios for the future of nuclear weapons.

Chapter 8: Just and Effective Regional Institutions

Elli Louka

Subjects: law - academic, public international law, terrorism and security law, politics and public policy, terrorism and security


1. EUROPEAN UNION CASE STUDY: EURATOM If the Euratom system is applied at the international level it will revolutionize the NPO. Euratom has four components that the NPO lacks: ● ● ● ● central oversight and control over nuclear materials supply; regular and equitable supply of nuclear fuel to all users; compulsory inspections; sanctions imposed when safeguards are violated. If a number of independent and reliable regional agencies are developed whose function is to: (1) ensure the proper accounting of nuclear materials and the equitable supply of nuclear fuels; (2) conduct compulsory inspections and impose sanctions when safeguards are violated; and (3) do all this under the oversight of the IAEA, the NPT regime should work like a well-oiled machine. This would be a regime put together by states, which have as top priority to stop proliferation.1 1.1 A Common Policy for the Security of Energy Supply In 1957, the pioneer states that created the European Community (EC) adopted the Euratom Treaty2 to facilitate the development of nuclear energy. According to the treaty, ‘nuclear energy represents an essential resource for the development and invigoration of industry and will permit 1 The 2010 NPT Review Conference correctly noted that bilateral and regional  safeguards can play a key role in the promotion of transparency and mutual confidence between states and can provide assurance against nonproliferation. See ‘Final Document,’ at 4, 2010 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, NPT/CONF.2010/L.2 (May 27, 2010). 2 Treaty Establishing the European Atomic...

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