استفاده هاي صلح آميز و غير صلح آميز از انرژي هسته اي در حقوق بين الملل

Peaceful and Non-peaceful Uses of Nuclear Energy Based on International Law

The dominant status that is established subsequent to the access to, possession and acquiring of nuclear energy would seriously influence on approaches and orientations of countries with regard to the nuclear energy. Those that are called "the haves" do their utmost efforts in the process of production and reproductions of laws, regulations, norms, rules, principles and practices to ensure that their monopoly on nuclear energy maintains. On the other hand the "haves not" tried very hard during last half a century to change the situations by promotion of nuclear energy for peaceful purposes and the idea of nuclear disarmament. The end result of these interactions, from the international law point of view, is that nuclear energy is the inalienable right of all member to the NPT. Also Non-peaceful uses of nuclear energy is legally limited to five nuclear weapon states and based on the advisory vote of the ICJ, in the critical situation of self-defense, the use of nuclear weapon by the owners is somehow legally legitimized. This article examines both peaceful and non-peaceful uses of nuclear energy based on the international law.