The Sovereign Right to Peaceful Use of Nuclear Energy and International Environmental Law

Abstract

AbstractThe sovereign right of States to peaceful use of nuclear energy is analysed in this chapter on the basis of current non-proliferation law and international environmental law. The exercise of this right depends on the implementation of certain obligations under international law. The high bar of the legality of peaceful nuclear energy is explained by the dual-use nature of the materials and technologies associated with nuclear energy and the transboundary nature of environmental protection. The notion of sovereignty as independence and superiority does not serve the challenges of peaceful nuclear energy and the modern understanding of the environment as an area of common concern. Against this background, a cooperative approach is suggested in order to successfully resolve the prevention and mitigation of nuclear accidents. The principles of international environmental law pose stringent requirements for the legal use of nuclear energy, which offer additional arguments for responsible behaviours of both States and non-States’ actors in cooperation with international organisations and in particular with the IAEA. The subject of sovereignty is closely linked with the responsibility and liability of States in case of nuclear environmental damage. The present nuclear liability regime should be strengthened by adopting an international legal instrument covering both civil and international liabilities.KeywordsSovereigntyPeaceful uses of nuclear energyNon-proliferation lawEnvironmental lawNuclear liabilityObligation to cooperate