Due Diligence as a Legal Concept to Ensure Security and Safety of Peaceful Uses of Nuclear Energy as well as Non-proliferation and Disarmament Obligations

Abstract

International law has seen the emergence and development of primary obligations requiring States to exercise due diligence regarding certain international obligations. It is not so much the failure to achieve the desired end result in question, but rather failing to take adequate and appropriate steps towards meeting the intended obligation that falls under scrutiny, that is failing to exercise due diligence, per se, in addressing the issue in a necessary and proportionate manner. The Non-Proliferation Treaty recognizes the ‘inalienable right’ to develop research, production and use of nuclear energy for peaceful purposes, requiring unimpeded access to fissile material. But with this ‘right’ come obligations. The purpose of this chapter is to explore the concept of due diligence in relation to obligations to ensure security and safety of peaceful uses of nuclear energy as well as nuclear non-proliferation and disarmament, examining the development of this legal concept under various areas of international law, exploring how it may apply as an emerging obligation pursuant to nuclear law.