International Legal Practices for Cooperation in Transfer of Peaceful Nuclear Technology

Abstract

Peaceful use of nuclear technology has been supported and recognized by international law on the basis of fundamental principles which emanate from bilateral, regional and international arrangements. However, there has been a lot of discussion going on among international community on the extent and type of nuclear activities, including about nuclear safety and international safeguards to prevent proliferation of nuclear weapons. Therefore, international norms have taken into account all types of useful application of nuclear energy, including uranium enrichment, reprocessing and other sensitive activities related to production of nuclear fuel. This issue can be also discussed on the basis of government’s sovereign right to make peaceful use of nuclear energy. Two viewpoints prevail among legal experts. Some believe that this approach is against international law and ignores the right of poor countries to achieve modern technologies, especially peaceful nuclear technology. On the opposite, some analysts maintain that obtaining this technology is a necessity for the survival in the modern international community. This paper tries to cover various viewpoints related to bilateral, multilateral and international arrangements for the transfer and application of nuclear technology, the latest approaches taken by governments to this issue with the main emphasis on the lawmaking process in the United States, as well as progressive regimes in multilateral diplomacy.

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