IranianRights

Iran Nuclear Energy Rights According to International Law

Robert SilvaIR 738

Professor Clavier

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Introduction

Iran is clamoring for the release of international pressure for the right to civilian

nuclear power. The international community has concerns about Iran’s intentions about

the interest in the nuclear field. This paper will review and look at Iran’s right to nuclear

energy and the nuclear fuel cycle in regards to international law with in existing treaties

and customary norms. Iran wants the right to produce a nuclear fuel cycle with out

international backlash.

The nuclear fuel cycle is wrapped up in arm control treaties and atomic energy

regimes. The creation of nuclear fuel can lead to creation of nuclear weapon grade fissile

material. The problem with having a nuclear fuel enrichment cycle it can be refined and

expanded to make nuclear weapon grade fissile material. The purpose of this paper is to

look at existing article of laws to see if Iran has the right to the nuclear fuel enrichment

cycle. The paper will explore history of Iranian atomic program and International

obligations. The paper will compare Iran’s behavior in recent and past events to articles

of international law to see if they have breach any international obligations or if they

have been adherent this will determine the status of Iran’s nuclear fuel cycle program.

Iranian Historical Behavior

In the 1970’s Iran was researching the ability to create nuclear fuel or yellow

cake. In 1967 the United States gave Iran a five-mega watt research reactor. The

University of Iran was researching and educating about atomic energy. Iran became

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signatories of the NPT on July 1, 1968 and ratified the treaty February 2, 1970 the agreed

to the safe guard agreement on May 15 1974. The war with Iraq in the eighties put a halt

to Iran’s nuclear programs due to the research facilities were being destroyed by Iraq. In

1979 Iran had a revolution and adopted a new constitution.1In recent years Iran has been

actively pursuing nuclear energy and the ability to enrich nuclear fuel. On July 27, 2005

Iranian present President Mohammad Khatami stated that his resuming the ballistic

missile program the “Shahab-3” missile that was frozen under European agreements. The

desire was to increase the accuracy and the distant of the ballistic missiles. The Shahab-3

can reach Israel and U.S forces at this date. The expansion of the distant will push the

distant of the missile to Greece and Egypt. The incoming President states in the article

that his has the right to enrich uranium to gas because it is use to make nuclear fuel for

energy. On the other hand, the same gas can be used to create weapon grade fissile

material. The New President of Iran states that Iran has no intentions of producing

nuclear weapon material. 2 This is relevant to future argument to nuclear fuel cycle

because the ability to delivery payload and great distances. The articles of regional

customary laws consider the explosive part of the weapon different the delivery

mechanism. It is stated in many regional treaties on the non-proliferation of nuclear

weapons. The Treaty of Tlatelolco article 5, so it could be assumed the same standards

could be set for Iran, under International law since other sovereigns follow this practice.

In September-October of 2005 Iran was threatened by the IAEA to be referred to

the UN Security Council for noncompliance with standards. Iran has been threatening to

scale back the cooperation with the NPT and IAEA. On October 3, 2005 Iran stated they

1 “Iran’s Nuclear Program” http://www.iranwatch.org/wmd/wponac-nuclearhistory-0904.htm2 ALI AKBAR DAREINI, “Iran vows to restart uranium reprocessing activities” Associated Press World stream July 27, 2005

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have the right to the Nuclear Fuel Cycle under the authority of Article IV of the NPT.3

Iran has stated to the International Community many times stated they are not promoters

of terrorism but a victim. Their nuclear fuel cycle is for nuclear energy creation therefore

peaceful purposes. The IAEA enforcement mechanism for non-compliance is a referral

to the United Nations Security Council. The UN Charter would have right to take action

deem necessary to keep the international peace.

In an article Iran made a declaration that could be considered hostile towards

America, and other nations. When they displayed Shahab-3 missiles in a public parade

with signs that state “We will crush America under our feet''4 A recent article stating

hostilities toward the United States. This brings up the question of self-defense for

United States, that if Iran is pursuing to get the pieces of the nuclear weapon puzzle in

different places. The Iranian argument is we are refining Uranium and doing research to

make civilian nuclear fuel. The missile delivery systems are for conventional weapons

slowly and quietly getting to a place so they have the components to assemble. The

assembling of the weapon would not take much time or coordination. The practices set

down in conventions allow countries to develop delivery system technology and nuclear

and have nuclear energy. They are considered to separate items not related to each other

in many articles of international law.

Iran has stated that they would share nuclear technology with other Islamic like states5

this is also a relevant event because what if the Islamic state is not part of atomic energy

3 “ Secrecy lies fuels Nuclear Talks” October 3 2005 The Irish Times4 La Guardia, Anton. “US reveals details of Iran’s nuclear ambition” The Daily Telegraph November 24, 2005 Thursday 5

? “Xinhua World News summary” Xinhua General News Service September 16 2005

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regime monitoring practices or other binding document could promote the proliferation

of nuclear weapons without proper monitoring. That practice of legitimate nations and

the codified norm is to only trade with those apart of the NPT and the additional

protocols. Iran would be with in International norms if the Islamic states are part of the

International Atomic trade regime and meet the criterion.

Iran’s Suppliers

The importance of knowing the suppliers is to keep proper monitoring of

materials that are laid out in the NSG part 1 and 2. Because it takes volumes of material

to create nuclear fuel it takes volumes of material to create weapon grade fuel. If Iran

suppliers are not under monitoring regimes then accounting of material can become

difficult.

The following information I received from Iran Watch located at

www.iranwatch.org6

One of Iran suppliers for nuclear technology is the

Nuclear Power Corporation of India Ltd. (NPCIL) This Company mostly supplied

reactors.

Changgwang Sinyong Corporation is a company out of North Korea.

The Japanese government has reservations and suspicion about this company has been

known to deal in biological, nuclear and missile proliferation. 7 North Korea left the NPT

January 10 2003 and stated that it was effective immediately. The NPT guidelines held

them withdrawal until April 10, 2003.8 On March 24 2003“The Changgwang Sinyong

Corporation of North Korea was sanctioned for transferring Category 1 items regulated 6 Iran Watch, “Suppliers List” http://www.iranwatch.org/suppliers/suppliers-list.asp7 http://www.iranwatch.org/search/view_record.asp?sc=suppliers&id=108 Jean du Preez and William Potter “North Korea's Withdrawal From the NPT: A Reality Check” http://cns.miis.edu/pubs/week/030409.htm#fnB5

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under the Missile Technology Control Regime (MTCR) to Khan Research Laboratories

(KRL) in Pakistan,”9 Khan research labs are own by Abdul Qadir Khan.

Abdul Qadir Khan is a know smuggler and thief of nuclear secrets that his has

ring that modifies and sells nuclear secrets not under the guidance of the IAEA. Abdul

Qadir Khan has a links to Iran because the British and Dutch centrifuge designs were

stolen in the 1970’s and was modified by Abdul Q Khan. The centrifuge was found by

the IAEA in Iran in the later part of the year of 2002. According to the India Tribune,

“International Atomic Energy Agency (IAEA) found traces of weapons grade Uranium at

Iran's Natanz Nuclear Facility south of Teheran. During interrogation with the IAEA,

Iranian officials gave detailed accounts of how they obtained sensitive equipment from

Pakistan and other countries”10 the centrifuges that create the weapons grade uranium

came from Abdul Khan. According to BBC news Abdul Khan is known to have the

know how to produce and equip nuclear warheads to missiles.

This incident shows the importance of the NPT and Additional Protocols plus the

monitoring regimes. That Iran accepted a device and a technology design to make nuclear

grade fuel. They were obligated by article II of the NPT to refuse any thing that was used

directly or indirectly in the creation of nuclear explosive devises. Weapon grade uranium

could be considered indirectly producing weapons, because it needs other components to

explode the device to make it directly.

The supplier list has relevance to the obligation to the Safe Guard aspect of the

NPT and the other protocols of monitoring. Some suppliers had been intermediaries to

other nations that actively seek nuclear weapons. There have been also reports that Iran

9 http://www.armscontrol.org/act/2003_05/missilesanctions_may03.asp10 http://www.tribuneindia.com/2004/20040126/nation.htm#5 Tribune India January 26 2004

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has sought deuterium gas from Russia. According to an intelligence report citing Russian

sources that was circulated at the IAEA in July 2004, Iranian middlemen negotiated with

companies in Russia to purchase deuterium gas after failing to produce it domestically.

Deuterium gas is used, in conjunction with tritium, to boost the yield of fission bombs.

Deuterium and tritium are hydrogen isotopes that release neutrons and energy when they

fuse together in thermonuclear explosions. Article II of the NPT allow Iran to have

deuterium because deuterium gas used with nuclear fuel cycle. According to NSG

guidelines a country can only receive 200 Kg of Deuterium a year in total from all

suppliers. As long Iran only accepts 200 Kg of Deuterium they are with in their rights

according to international norms create by international atomic trade regimes.

International Obligations

Iran is apart of the following Treaties concerning Non-Proliferation of Nuclear

weapons and Atomic Monitoring regimes. Iran is part of the Partial Test Ban Treaty

signatory August 8 1963, ratified May 5, 1964; Outer Space Treaty: Signatory January

27, 1967; Non Proliferation Treaty: signed July 1 1968, Ratified February 2 1970, safe

guard agreement in May 15 1974; Sea Bed Treaty: signed February 11 1971, ratified

August 26, 1971; BW Convention: signed April 10 1972, ratified August 1973 and The

ENMOD convention: signed May 18 1977.11 In the GOV/2005/67 UN document stated

that Iran has been complying with monitoring process of the Additional Protocols that

they sign in November 10 2003, but still waiting for ratification. They have allowed

three complementary accesses since September 2005.

11 Jozef Goldblat,” Arms Control Agreements, a handbook” Stockholm International Peace Research Institute, Preager Publishing New York 1983, p. 262-263

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Iran is a party to the IAEA which is the International Atomic Energy Agreement it

is an institutional framework to help build consensus among nations about international

atomic practices. The IAEA also promotes Non-Proliferation of nuclear weapons. The

regime consists of conventions dealing with arms control, to guideline for trading

material for the nuclear energy cycle. The main objective of the IAEA is to promote

peaceful uses of nuclear energy.

One of the major documents of the IAEA regime is the Non Proliferation Treaty

that lays out guidelines for nuclear production a research and creates an obligation to not

create nuclear explosives.

The safe guard requirement of the NPT adds the monitoring process to the international

regime to ensure compliance.

The Nuclear Supplier Group is about accounting of nuclear material and technology

across borders. With in the NSG there are other documents that specify standards and

obligations. To be apart of the NSG regime a country must meet certain criterion

Nuclear Supplier Group Requirements

The Requirement of the Nuclear Supplier Group is as following:

“Must be able to supply items plus items in transit covered in Parts 1 and 2 in the NSG guidelines, enforcement of a legal based domestic export control system which gives effect to the commitment to act in accordance with the Guidelines full compliance of one of the following treaties, The NPT, Treaty Tlateloloc, Bangkok, or a treaty in the same standing and multitude. Support efforts to halt the proliferation of weapons of mass destruction and their delivery systems.”12

The spirit of the requirements to be part of the NSG is a commitment and active

working against proliferation of weapons through accounting and domestic monitoring of

nuclear production activities.

12 NSG Guidelines

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Another role of the Nuclear Supplier Group is to produce nuclear fuel for non-

producing countries. The goal is the ability to keep an accounting of fuel the created.

How the regime works the nuclear states creates the fuel then transport it to non-nuclear

states facilities the non-nuclear uses the fuel when spent, the fuel is sent back the country

of origin. This practice is to promote peaceful use of nuclear energy and reduce

proliferation and misuse of nuclear energy.

The obstacle Iran is faced with is meeting the requirement of the NSG. That

corporation is needed from Iran with the IAEA. In the past and present situation Iran has

not been giving full transparency with the nuclear activities. The guidelines and the

practices of the International community is not to create a collusion of nuclear energy but

to keep track and accounting to make sure it does not fall in the rogue actors hands that

would use it for weapons.

To this day Iran is not a member of the Nuclear Supplier Group.

Arguments

Does Iran have the right nuclear energy?

Iran has the right to have nuclear energy under article of NPT. In Article IV of

the NPT treaty its states “…a country has the right to develop research, production and

use nuclear energy for peaceful purposes, with out discrimination as the country abides

by Article I and Article II.”13

The vagueness of the develop research and production is not specified if it means

machinery or fuel or does it assert all aspects of the nuclear energy creation. Iran has

13 Non Proliferation Treaty

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capabilities of mining their own uranium domestically because of the mining facilities at

Saghad. Does not the right of sovereignty give Iran the right to exploit their own

resources for the benefit of their citizens and nations. Iran has the right to do research in

the pursuit of civilian or peaceful nuclear energy under Article IV as long there is a

compliance with Article I and II.

In Article I of the NPT states “…. a state cannot directly or indirectly create weapon

materials.”

To look at Articles I of the NPT it states a nuclear state cannot assist in helping a

non-nuclear state to acquire weapons or develop them. Article II state a non-nuclear state

is obligated to refuse transmission of nuclear weapons or the knowledge or material that

is in the creation of nuclear weapons directly or indirectly. That if Iran has inalienable

right to produce nuclear energy as long as Iran follows the Non Proliferation Treaty’s

guidelines this could be consider a common practice in the international arena.

The purpose of the NPT articles that I surmise is to diffuse the capability of an

assembly coordination type of network between countries. Country “A” does one aspect

creation of the nuclear cycle while Country “X” does another aspect of the nuclear

weapon creation both countries ship to Country “Q” were Country “Q” assemble the

nuclear weapon devise. I believe the articles are to diffuse this type of coordination to

develop nuclear weapons, put the burden of responsibility and consequences on the

supplier and receiver.

The reporting of atomic related activities to the IAEA is a tool to diffuse the

ability of coordinated covert development of weapons. If country “Q” decide to divert

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blame to another country “Y” and if Country “Y” has reported truthfully and allowed

IAEA to inspect facilities the accounting is correct then responsibility falls on Country

“Q”.

The individual country’s reporting practice is to be followed up by the IAEA

monitoring practiced to ensure creditability of the individual country’s reporting.

This brings to mind the ability to domestically account and monitoring nuclear research

activities in the domestic country. This is a requirement of being part of the Nuclear

Supplier Group. If accounting and expert controls of atomic research is not done with in

guidelines international norms. A rogue individual actor can steal or operate facilities that

could be considered detrimental to international peace and the practice of promoting non-

proliferation of nuclear weapons. The responsibility falls on the domestic state for the

individual actor because of jurisdiction and control of territory, in essence the duty of

sovereignty. This is to stop black market activities.

The black market is reality has been documented by many countries intelligence

agencies and reported in the news. Pakistan is reported to allow a free and unrestraint

market approach of the development and distribution of nuclear technologies. In the

article by Michael Hirsh and Sarah Schafer, names major dealers and that Pakistan is a

major breeding ground for unmonitored activities. They name Abdul Qadir Khan a focus

to an international black market of nuclear goods. His claim to fame is transferring

technology to Iran and North Korea. The nuclear black market network Abdul Khan is

part is a web from Switzerland to Japan.14 In another article focuses on middlemen or the

brokers of the Black Market, because NSG would be consider the legitimate market in

the international community. Mark Shapiro discusses Asher Karni in an article in Mother

14 Micheal Hirsh and Sarah Schafer” Black Market Nukes” Newsweek February 23, 2004.

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Jones, the article explains the process and network of Karni and the players and

destinations. Karni was arrested in Denver Colorado for exporting with out a license. It

shows Karni transnational journey for South Africa to Pakistan to the United States that

coordination and misdirection was the method to sell item to actors to create nuclear

technologies that might had lead to proliferation of weapon. Karni was linked to Abdul

Khan and his black market nuclear weapon network.15 This expresses the need for

international monitoring and accounting plus the importance of domestic monitoring a

sovereign should know what goes on in their jurisdiction. If the sovereign is bound by

international in is mandatory.

The proper accounting of materials, facilities and experiment facilities to the

proper boards domestically then to IAEA is a practice to stop the proliferation of nuclear

weapons.

This is part of the paper will be a review of “Islamic Republic of Iran NPT

Safeguards Report” it was concluded that Iran had made attempt to create independent

nuclear fuel cycle without notification with the Governing Board of the IAEA. This puts

them into breaches of international practices and customary norm.16 The report cites

unreported items: import of natural uranium and the transfer for further processing, the

production of UO2, UO3, UF4, UF6. The report further to explain that full transparency

was not given about laser experiments. Iran did not declare pilot enrichment programs at

Kalaye Electric Company, laser enrichment plants Lashkar Ab’ad. They failed to report

15 Mark Shapiro “The Middlemen” Mother Jones May-June 200516 IAEA document GOV/2005/67

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inventory changes that were the results of imports transfer. Iran failed to keep a domestic

record of nuclear material. The Governing board found plutonium solution in less

amount than declared that this could be an indicator that Iran has been extracting

plutonium, after they said they reported that they stop experimenting. The results of the

report shows that Iran has not been keeping up with their domestic inventories or not

following guidelines of reporting properly to the IAEA, and following the international

norms of controlling nuclear material to prevent loss of inventory that might lead to

proliferation. This shows that they are not meeting requirement to be considered to be

apart of the Nuclear Supplier Group because of accounting and reporting purposes. Never

the less, they are partaking in monitoring aspect of the IAEA which is a positive step

towards achieving membership to the uranium fuel cycle according to international

norms and customs.

The Iranian counter argument is in Article IV of the Non Proliferation Treaty that

they have a right to research and develop new methods of the creating nuclear energy.

Georges Le Guelte spent thirty-year veteran at the French atomic energy commission and

four years as the IAEA states "Under the treaty the Iranians have the right to do what they

are doing,"

But in Article I of the NPT that indirect or direct production of nuclear weapon

grade fuel is enough to find a country in breach of the NPT. To reinforce this norm the

UN Security Council Resolution 1540 which affirms “that proliferation of nuclear,

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chemical, and biological weapons, as well as their means of delivery*17, constitute a

threat to international peace and security.”18 But to argue on the right to nuclear fuel cycle

Iran is not considered a part of the Nuclear Supplier Group, because of lack of

compliance with IAEA monitoring process and criterion to meet acceptance into the

NSG. Iran is a non-nuclear weapon state plus does not have the right to produce the

nuclear fuel cycle according to the guideline set down in the articles of law and accepted

practices. Iran must conform to International Norms become apart of the Nuclear

Supplier Group regime before research and development of the Nuclear fuels enrichment

could be consider legitimate in the international community.

Article II of the Non-Nuclear Proliferation Treaty to quote”..; not to manufacture

or otherwise acquire nuclear weapons or other nuclear explosive devices; and not to seek

or receive any assistance in the manufacture of nuclear weapons or other nuclear

explosive devices.”19 Iran breached this article when accepting nuclear items for Abdul Q

Khan now black market ringleader. Mr. Khan has the knowledge to convert delivery

system and assemble missile with nuclear explosives. Since Iran lacks the competency of

reporting and keeping inventory as found in the Board of Governors Report

GOV/2005/67. This creates a suspicion that Iran could have been used in the

proliferation and the creation of nuclear weapons indirectly.

Does Iran have the right to produce atomic energy for peaceful purposes?

According to the NPT, Yes Article IV of the Non Proliferation Treaty they have the right

17 means of delivery: missiles , rockets and other unmanned systems capability of delivering nuclear, chemical or biological weapons that are specially design for such use. 18 Security Council Resolution 1540 (2004)19 Non Proliferation Treaty Article II

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to Nuclear energy as long there is a compliance with Article I and II of the NPT. Dr

Tertrais, a senior research fellow at the Fondation pour la Recherche Strategique, states

that Iran can realize its right to nuclear energy without enriching fuel because nuclear fuel

is available through supplier agreements. "The NPT is short and fuzzy," Tertrais says.

"Nothing in it says 'right to fuel cycle'. Nothing in it says 'enrichment capability'." Dr.

Tertrais is taking the regime approach of the articles of law since the norm is that states

that are part of NPT and IAEA decide to allow the NSG members to become the supplier

of the nuclear fuel for the reactors. The agreement is members state apart of these

stipulated treaties have the right to access nuclear fuel from member states of the NSG

with the requirement the nuclear fuel is sent back to the supplier. This could a

monitoring and accounting process to ensure control of the nuclear fuel so it may not be

used for proliferation of nuclear weapons. So the question does Iran have the right to

nuclear energy for civilian use. The answer would be yes.

The Iranian question is do they have the right the uranium fuel cycle that is what is

being debated. According to NPT there is mixed interpretations. Iranian and some

experts say yes for instance Georges Le Guelte spent 30 year veteran at the French

atomic energy commission and four years as the IAEA states "Under the treaty, the

Iranians have the right to do what they are doing," That the pursuit of the uranium

enrichment fuel cycle is part of the production of nuclear energy. Therefore the

assumption the production of the fuel is part of creation of energy. The counter argument

is the current practice by the international community is they get their fuel from the

member of NSG and comply strictly guidelines with the trigger list. Iran can break

international norms and start producing the uranium fuel cycle on their own as they done.

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The international community could perceive it by breaking obligations to sign treaties. If

Iran complies with monitoring and transparency of operations and meet the criterion to

become apart of the NSG regime this is only way that an Iranian uranium fuel cycle could

view by the international regime as legitimate. The current standing with in international

law and customary norms Iran would be standing on the other side of the fence.

The counter argument is a political one and does hold some weight in context of

sovereignty. Is the major distinction between states in the treaties are non-nuclear weapon

states and nuclear weapon states. Nuclear weapon state holds the responsibility to ensure

no other states acquire the technology of nuclear weapons. This can be considered unfair

for states that have nuclear weapons already and to deny nuclear weapons to states that

do not have them. The conventions Iran has sign they have accepted these conditions of

the treaties Iran have sign document that promotes the disarmament of existing nuclear

stockpiles, plus there is a universal understanding nuclear weapons could and might lead

to the extinction to the human race. This could be considered almost Jus Cogen.

If Iran intention is just to create civilian nuclear energy then following reporting

and inspection regimes should not be any concern to them if nuclear programs are not

promoting the creation of nuclear weapons. Sure the IAEA and the existing treaties

could be considered a gentlemen’s agreement among nations. The problem is when

disputes of practices and customs between gentlemen usually end up in a duel. If Iran is

enriching uranium for civilian energy use then the following international standards

should not be a difficulty because it promotes good will among nations and the

international peace.

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Does the international community have the right to recourse against Iran

This paper already discussed Iranian behavior and look at the International law

implications. This next section the paper will be applying other articles of international

law to look at the behavior still is with in international customs and norms.

The added article is Security Council Resolution 1540, “affirms that the proliferation of

nuclear, chemical, and biological weapons as well as their means of delivery, constitutes

a threat to peace”20 Then I will be applying the concept of self defense of other nations

and looking at the measures if applicable to each Iranian event.

Iran has stated they are pursuing to develop and refine the Shahab-3 missile.

According to the Security Council Resolution a delivery system is “ Means of delivery:

missiles, rockets and other unmanned systems capable of delivering nuclear , chemical or

biological weapons, that are specially designed for such use. The Shahab-3 is a

convention weapon that can carry a payload up to 750 kg. Shahab-3 is based of Russian

and North Korean design. The question can it be used to deliver biological, nuclear, or

chemical payloads. Even if it could the right to self defense must be” leaving no moment

for deliberation.” I take this meaning even the process of creation of the weapons gives

time for communication and to diffuse the situation. The case when Israel bomb the Iraqi

nuclear facilities the U.N Security council did view as self defense they drew customary

norm from “The Caroline” the necessity of that self defense is instant, overwhelming and

20 UN Security Council Resolution 1540, preamble

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leaving no choice of means, and no moment fro deliberation” . That collected action of

self-defense would not be allowed just because Iran is not following international norms.

The Security Council strength to the inspection regime and gave it more teeth

with the statement, Recognizing most state have undertaken binding legal obligations

under treaties which they are a partied to…in the preventing the proliferation of nuclear,

…, taken effective measures to account for, secure and physically protect sensitive

materials, …..recommended by the code of the IAEA Code of Conduct on the Safety and

Security of Radioactive sources. This is international norms are considered enforceable

by force. “Gravely concerned by the threat of illicit trafficking in nuclear, chemical or

biological weapons and their means of delivery, and related materials, which adds a new

dimension to the issue of proliferation of such weapons and also poses a threat to

international peace and security”21 This put pressure on the domestic states to begin

monitoring processes in there territory, because threat to international peace in the UN

Charter in article 39 can trigger the security council to make a decision to what measures

to be taken to restore international peace or remove the threat. The consequences could

be the ones described in article 41 and 42 in the United Nations Charter. This allows the

international community to take action to prevent proliferation by a non-state actor if the

domestic country does not have capabilities or is not willing to address the trafficking of

WMD’s.

In Iran’s case there monitoring practices have been not up to perfect there action

could perceived a breach of Article II of the NPT because of the acceptance of the

centrifuge that refines uranium to nuclear weapon grade. Does this act threaten

21 United Nations Security Council Resolution 1540 (2004)

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international peace. Yes the proliferation of nuclear stated in the Security Council

resolution clearly state proliferation constitute a threat to international peace. Since there

is a threat to international peace in article 39 in the UN Charter states the security council

can make a recommendation to take measures to restore international peace that are

stated in articles 41 and 42 in the UN Charter. Iran’s behavior of accepting items as non-

weapons state that manufactures directly or indirectly is a breach of NPT plus the making

of nuclear grade uranium could be consider proliferation, and in article II Iran does not

have the right to create nuclear grade fuel with in accordance to the treaty. Because of

the determination of the self-defense clause state with out deliberation, the UN can put

other measures short of arm conflict to curve Iranian behavior. Since there is an open

dialogue the dispute can be resolved in a peaceful manner.

Conclusion

Some critics of the IAEA and the Non Proliferation Regime with the Atomic Energy

Trade Regime the treaties have no teeth to enforce. Since the IAEA is branch of the

United Nation the purpose of these treaties are to promote the peace. The preamble in

most treaties relay the message the world is facing destruction if we as do not stop the

proliferation of nuclear weapons. The IAEA and the nuclear treaty regimes are going

into the right direction in creating coordination and communication and transparency.

The question of Iran right to civilian to nuclear civilian energy is clear they do have the

right to nuclear energy. They also have the right uranium enrichment and development as

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long as they follow the guideline and practices set down by the international community.

The goal of any international institution is to promote communication and transparency

so actions and intention would not be misread. In the instance of atomic energy since it is

tied to nuclear weapon creation. If the intention is for nuclear energy creation then

international cooperation and transparency is not an obstacle. The IAEA shares

information about technology ensuring that reactors are safe and not a threat to the

environment and therefore humans. Since the UN Security Council resolution 1540 gives

enforcement powers to the IAEA recommendation and protocols making them a practice

in the international community.

Iran should take their claim to the right uranium fuel cycle to the International

Court of Justice to get their interpretation of Article of IV ,II and I of the Non-

Proliferation Treaty, to discern if Iran has the right to enrich uranium. I could not find

any international treaty documents stating a country does not have the right to civilian

nuclear energy. I did find document banning and working against proliferation of nuclear

explosive devices and other weapons of mass destruction. The treaties do asked non-

nuclear weapons states do not seek the uranium enrichment cycle. If one sovereign

nation has the ability then it is only the right that all countries have the ability to enrich

uranium to nuclear fuel. The international community did create standards for the

uranium enrichment. Iran must meet international criterion before the can start uranium

enrichment because of the treaties they are bound too. This does mean they do have the

right to refine but there is practice in place. Since they agree to follow international

customs and norms they must meet the standards to have the right to enrich uranium.

These standards are stated in the Nuclear Supplier Group convention.

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After thought

For my own learning experience, I have found the IAEA and the treaties create the most

freedom for each state but allows for maintaining the international order. Sovereignty is

not infringe by any nation, but promotes peaceful coexist in the international system.

The domestic law in maintaining security when it comes to nuclear energy is actually in

the forefront of cause against proliferation. It is when the state fails in this job the

international community must step act with some force. The system is a primitive

system of enforcement but the system is dealing with sovereign nations.

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Bibliography

1. UN Charter

2. UN Security Resolution 1540

3. Non Proliferation Treaty

4. Treaty of Tlateloloc

5. Nuclear Suppler Guide

6. Trigger List

7. Damorosch, Henkin,” International Law fourth Edition” West Group St Paul 2001

8. “Iran’s Nuclear Program” http://www.iranwatch.org/wmd/wponac-nuclearhistory-0904.htm

9.Ali Akbar Dareini, “Iran vows to restart uranium reprocessing activities” Associated Press World stream July 27, 2005

10.“ Secrecy lies fuels Nuclear Talks” October 3 2005 The Irish Times

11. La Guardia, Anton. “US reveals details of Iran’s nuclear ambition” The Daily Telegraph November 24, 2005 Thursday

12Mark Shapiro “The Middlemen” Mother Jones May-June 2005

13. IAEA document GOV/2005/67

14.Micheal Hirsh and Sarah Schafer “Black Market Nukes” Newsweek February 23,

2004

15. Jozef Goldblat,” Arms Control Agreements, a handbook” Stockholm International Peace Research Institute, Preager Publishing New York 1983,

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