CAN THE EURATOM TREATY INSPIRE THE MIDDLE EAST?

Abstract

This article examines whether and how the delegation of sovereign regulative powers in the nuclear field by states to supranational regional authorities can further nonproliferation purposes. More precisely, it asks whether the second Rome Treaty, which instituted the European Community of Atomic Energy (Euratom), could serve as a model for the creation of other regional authorities in the nuclear field, particularly among Middle Eastern and Arab nations. It argues that the Euratom Treaty provides interesting technical provisions, particularly regarding 1) safeguards against the diversion of fissile materials by state and non-state actors, 2) confidence-building measures for state actors when they establish R&D in nuclear technologies, and 3) fuel supply assurances for state actors. Building on archival research of the Euratom Treaty negotiations and the Euratom Commission, the article argues that, today, supranational provisions included in the Euratom Treaty would have stronger nonproliferation effects than looser forms of international cooperation. However, the article also points to specific weaknesses in the Euratom Treaty and outlines how legal scholars and diplomats can avoid some of its pitfalls.