Steering the Atoms for Peace and Development: Legal Aspects of the Board of Governors of the International Atomic Energy Agency

Abstract

International Atomic Energy Agency (IAEA) is the leading international organization in the field of nuclear energy and nuclear non-proliferation. This paper examines the most important policy body of the Agency, the Board of Governors (BoG). The legal foundation of the BoG will be discussed in light of its constitutional documents, most notably the Statute of the IAEA and the Rules of Procedure of the BoG. The research question will be approached from the theoretical angle of functionalism. The paper suggests that in fact, the practical role of the BoG is even more important than could be concluded on the basis of the legal documents whence the powers of the BoG derive. Over the years, the normative framework of the IAEA has enabled the BoG to adapt to rapidly changing decision-making environments and political situations. Furthermore, this has made it possible for the BoG to contribute in a relatively effective manner to the development of substantive international nuclear policy and law.