International Law, nuclear weapons and nuclear energy : an appeal for reform

Abstract: Nuclear discourse is a relatively new topic in academia – the first nuclear developments took place in the 1930s, and the controversial nature of the subject only began to unfold in the second half of the twentieth century. Although it is commonly thought that the nuclear crisis disappeared together with the communist threat at the end of the Cold War, this is simply not the case. A number of recent developments have once again brought the nuclear issue to the fore. The nuclear threat remains as relevant as it did at the end of World War II. Although there are only five recognised nuclear states in terms of the unequal regime created by the Treaty on the Non-Proliferation of Nuclear Weapons, a number of other states have also been developing nuclear weapons or are harbouring nuclear ambitions. Because of this, the current nuclear-weapons regime is threatened and its very foundation is being questioned. Furthermore, with growing fears relating to global warming, nuclear energy is becoming an increasingly attractive source of alternative energy. This raises numerous concerns, particularly in relation to the safety and security of these nuclear energy facilities. The regular occurrence of nuclear accidents and security breaches at nuclear facilities renders these concerns valid. This thesis seeks to provide a comprehensive overview of the current legal framework on nuclear weapons and nuclear energy. It focuses in particular on the mandates of the International Atomic Energy Agency and the United Nations Security Council. Based on an analysis of the current regulatory framework, it seeks to identify key areas of concern and makes recommendations that are aimed at addressing these concerns.LL.D