Legal and Commercial prospects of International Law on nuclear development in the 21st century and the right of Iran to Nuclear technology

Master's Thesis , 2007 , 78 Pages , Grade: Masters' (LLM)

Law - European and International Law, Intellectual Properties

The 21st Century is considered to be the age of nuclear energy and development, and the right to nuclear power is one of the most controversial topics in the World at the moment. Dual use of this technology has caused complexity and confusion amongst the nations. The nuclear law came to existence after the access of some states to the full aspects of this technology. Obviously the latter rules have stopped the rest of the world gaining access to the dual usage of nuclear while the previous nuclear states insist in keeping a right to maintain their superior technology.

This paper will argue this issue from the legal, commercial and human rights perspective in more depth and wishes to seek any possible resolutions or recommendations to solve this international dispute amongst the nations.

One of the other contributions of this thesis is to assess the inadequacy of some of the NPT articles and the main role of the IAEA to encourage the members to use the technology for peaceful purposes and the prohibition of its diversion into military ones. These flaws include the failure of the suppliers to supply adequate support to some of the non-nuclear states, mostly in developing countries, the lack of a proper timetable to eliminate nuclear weapons and the states selective interpretation of the NPT for nuclear trade and developments.

Inhaltsverzeichnis (Table of Contents)

• CHAPTER 1: INTRODUCTION
• 1.1 Overview
• 1.2 Why is nuclear development so vital to be recognised and regulated by International Law.....
• 1.3 Aims and Objectives
• CHAPTER 2: CREATION OF NUCLEAR RELATED ORGANISATIONS AND TREATIES ……………………………………...
• 2.1 A brief history of the development of the nuclear technology..
• 2.2 International Atomic Energy Agency (IAEA) ..
• 2.3 Creation of Nuclear Non-Proliferation Treaty (NPT) ..
• 2.4 Treaty establishing the European Atomic Energy Community ("EURATOM").
• CHAPTER 3: INTERNATIONAL LAW ON THE NUCLEAR TRADE AND DEVELOPMENT ………………………………………….
• 3.1 International transport law regarding the International Nuclear trade Regulations
• 3.2 Nuclear trade and the competition law.
• 3.3 Other International Instruments and Civil Law Contracts .......
• CHAPTER 4: NUCLEAR TECHNOLOGY AND THE DEVELOPING COUNTRIES
• 4.1 Nuclear energy affects on the developing countries' economy
• 4.2 Nuclear Trade and the right to development .....
• 4.3 Contribution of the WTO in Nuclear trade and development (Article XXI of GATT)...
• CHAPTER 5: THE RIGHT OF IRAN TO NUCLEAR TECHNOLOGY.......
• 5.1 Summary
• 5.2 Case review….........
• 5.3 Iran's right to nuclear technology under Article IV of Non-Proliferation Treaty (NPT)....
• 5.4 The right of Iran to nuclear technology under the Universal Declaration of Human Rights........
• 5.5 Politics overriding Iran's right to nuclear technology
• 5.6 Security Council Sanctions against Iran..
• 5.7 Case Resolution

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This paper examines the legal, commercial, and human rights aspects of the right to nuclear development, particularly focusing on Iran's case. The paper investigates the role of international law in regulating nuclear technology, exploring the impact of treaties like the Non-Proliferation Treaty (NPT) and the International Atomic Energy Agency (IAEA) on access to and use of nuclear energy. It examines the potential conflicts between national interests, international regulations, and the right to development. Key themes of the text include:

• The evolution of international law governing nuclear technology and trade.
• The tension between the right to nuclear development and non-proliferation objectives.
• The impact of nuclear energy on developing countries' economies and access to resources.
• The role of international organizations, particularly the IAEA, in promoting peaceful uses of nuclear technology.
• The challenges and limitations of the NPT in addressing the rights of states to develop nuclear technology.

Zusammenfassung der Kapitel (Chapter Summaries)

• Chapter 1: Introduction: This chapter sets the stage by providing an overview of nuclear technology and its historical significance. It discusses the rise of nuclear energy as a potential replacement for traditional energy sources and highlights the controversies surrounding its dual use for peaceful purposes and military weapons. The chapter introduces the aims and objectives of the paper, which focus on analyzing the legal, commercial, and human rights aspects of nuclear development, particularly concerning Iran's case.
• Chapter 2: Creation of Nuclear Related Organizations and Treaties: This chapter examines the historical development of international organizations and treaties related to nuclear technology. It discusses the creation of the International Atomic Energy Agency (IAEA) and the Nuclear Non-Proliferation Treaty (NPT), outlining their respective roles in regulating nuclear technology and promoting non-proliferation. It also explores the establishment of the European Atomic Energy Community (EURATOM) and its contribution to nuclear development within Europe.
• Chapter 3: International Law on the Nuclear Trade and Development: This chapter delves into the legal framework governing the international nuclear trade and development. It examines the international transport laws related to the nuclear trade, focusing on relevant regulations. The chapter also explores the intersection of nuclear trade with competition law and discusses other international instruments and civil law contracts that impact the development and trade of nuclear technology.
• Chapter 4: Nuclear Technology and the Developing Countries: This chapter examines the specific impact of nuclear technology on developing countries. It explores the potential economic benefits and challenges associated with developing nuclear energy programs. The chapter delves into the relationship between nuclear trade and the right to development, particularly for developing countries, and examines the role of the World Trade Organization (WTO) in regulating nuclear trade and promoting development through Article XXI of GATT.
• Chapter 5: The Right of Iran to Nuclear Technology: This chapter focuses on the specific case of Iran and its right to nuclear technology. It provides a summary of Iran's case, reviewing key events and legal arguments. The chapter analyzes Iran's claims to the right to nuclear technology based on Article IV of the NPT and the Universal Declaration of Human Rights. It also explores the political tensions surrounding Iran's nuclear program, discussing the Security Council sanctions against Iran and their impact on the country's nuclear aspirations.

Schlüsselwörter (Keywords)

The primary keywords of this text include: nuclear energy, international law, nuclear non-proliferation, nuclear trade, right to development, Iran, Non-Proliferation Treaty (NPT), International Atomic Energy Agency (IAEA), dual use technology, human rights, and international sanctions. The paper focuses on analyzing the complex legal and political landscape surrounding the access to and use of nuclear technology, particularly examining the challenges of balancing the right to nuclear development with the need for non-proliferation.

• Course: LLM International Commercial Law
• Grade: Masters' (LLM)
• Author: LLM Hamidreza Ostad Mohammadi (Author)
• Publication Year: 2007
• Pages: 78
• Catalog Number: V115765
• ISBN (eBook): 9783668328457
• ISBN (Book): 9783668328464
• Language: English
• Tags: Legal, Commercial, International, Iran, Nuclear