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Fundamental Rights of States in International Law and the Right to Peaceful Nuclear Energy

Daniel H Joyner

Keywords: Fundamental Rights of States; Nuclear Non-Proliferation Treaty; Right to Peaceful Nuclear Energy; Security Council

This article first discusses the overall theme of this special issue of the Cambridge Journal of International and Comparative Law from a legal theoretical perspective, namely, the concept of the fundamental rights of states in international law. It concludes that fundamental rights of states exist in international law as autonomous juridical principles. The article then proceeds to discuss one such asserted fundamental right of states: the right to peaceful nuclear energy, as codified in the 1968 Nuclear Non-proliferation Treaty. It argues that the right to peaceful nuclear energy is indeed a fundamental right of states, and that it has juridical substance, and carries juridical implications, as a rule of law on par with other rules of the jus dispositivum.

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