How viable is the resolution of nuclear non-proliferation disputes
through the International Court of Justice and international
arbitration? James Fry examines the compromissory clauses in the
IAEA Statute, IAEA Safeguards Agreements and the Convention on the
Physical Protection of Nuclear Material that give jurisdiction to
these fora and analyses recent jurisprudence to demonstrate how
legal resolution can handle such politically sensitive disputes. In
sum, legal resolution of nuclear non-proliferation disputes
represents an option that States and commentators have all too
often ignored. The impartiality and procedural safeguards of legal
resolution should make it an acceptable option for target States
and the international community, especially vis-a-vis the
procedural shortcomings and general heavy-handedness of Security
Council involvement under UN Charter Chapter VII."
General
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