Best Practice Guidelines for Cooperative Compliance with Nuclear Non-Proliferation Obligations

Abstract

The fundamental role of the law governing nuclear technologies and nuclear weapons is clear and unambiguous. The law seeks to regulate existing nuclear activities, or—at a preliminary stage—to (try to) prevent and govern the risks arising from the misuse of nuclear technologies, or to tackle the problem of nuclear proliferation. However, on many occasions, it appears that the law is inefficient in dealing with these issues. Thus, this paper proposes some ‘best practice’ legal ways as a guide to help build nuclear compliance and cooperation at a global level. The analysis starts from the focus on the Treaty on Nuclear Non-Proliferation (NPT), highlighting the content of Article VI as judicially interpreted by the International Court of Justice, and examining the gaps and limits within the NPT framework. Then in the context of ‘verification, compliance and enforcement’, the paper concentrates on some methods and mechanisms that have been established at the international law level, with the aim of ensuring compliance with international rules. As a useful comparison and source of inspiration for the non-proliferation field, links have been drawn with verification and compliance procedures in respect of environmental law and trade law. On the basis of such comparison, a set of guidelines for enhancing cooperative compliance in the nuclear field is proposed. Aspects of particular importance are: (a) to collect and monitor the data; (b) to reinforce the structure and action of the International Atomic Energy Agency (IAEA); (c) to involve other UN bodies, of States and civil society and (d) to follow the principles of (i) the rule of law, (ii) impartiality and non-discrimination, (iii) transparency and (iv) responsibility.