جستجوی مقالات مرتبط با کلیدواژه "حقوق بین الملل هسته ای" در نشریات گروه "علوم سیاسی"

Measuring Criminal Rules of Nuclear Law in International DocumentsPenal Code Penalties within the framework of criminal law as a group of rules applied at national, regional or international level to counteract nuclear-related or radioactive energy-related practices or governments requiring them to be criminally liable. Can be distinguished from other rules of the same manner based on the extremely dangerous nature inherent in nuclear or radioactive energy. The paper seeks to assess international standards for the criminalization of nuclear rights at the international level, including the Convention on the Physical Protection of Nuclear Material, the International Convention for the Suppression of Terrorism, and the UN Security Council resolutions. The paper seeks to assess international standards for the criminalization of nuclear rights at the international level, including the Convention on the Physical Protection of Nuclear Material, the International Convention for the Suppression of Terrorism, and the UN Security Council resolutions.Key Words: Nuclear Terrorism, International Law, Nuclear Law, Criminal Law, International Covenant of Anti-Terrorism, Security Council Resolutions.

Although nowadays, nuclear energy has significant role in energy secure at international level, the risk of nuclear accidents due to inefficient nuclear safety and its negative environmental impact is one of the major challenges facing the development of nuclear energy. The main issue is this weather international nuclear law is compatible with international environment law in the context of safety regime? and what mechanisms observe on respect of fundamental environment norms in nuclear activities? Assessing Provisions of international documents on nuclear energy implies attention of nuclear safety regime to the principles of international environmental law. However, in spite of promotion of nuclear safety regime, occurrence of nuclear accident in Fukushima power plant in 2011 in Japan showed that by now international environmental law and international nuclear energy law are not factually compatible in approaching to sustainable development. Actualizing of environmental principals included in international nuclear law and technology transferring from developed countries to developing counties based on article 4 of NPT could be positive step in declining of negative environmental effects of probable nuclear accidents.

Since the emergence of the Non-proliferation Treaty, the nuclear powers by ignoring two pillars of “disarmament” and “transfer of peaceful nuclear technology” have simultaneously preserved their nuclear arsenals and posed serious challenges to the NPT by focusing only on its non-proliferation dimension and putting pressure on non-nuclear states. These discriminative behaviors have resulted in disagreement between the member states and seriously jeopardized the integrity of the regime. Therefore some scholars by expressing concern about its legitimacy are looking for a way to survive it. Therefore, the present article by using a descriptive- analytical approach aims to analyze the nature, objectives and pillars of this treaty as well as present the pros, cons and challenges of the NPT. It would also try to evaluate whether imbalances in equal attention to the three pillars of the treaty will ultimately lead to its decline or there is still hope for improvement and expansion of this regime? The results of this paper reveals that despite the failure of complete nuclear disarmament due to the heavy consequences of its termination, it seems unlikely that by ignoring some of its achievements, efforts to reform this regime be abandoned and eventually lead to the downfall of the treaty.

Offered various interpretations of rights and obligations under the Nuclear Non-Proliferation Treaty (NPT) are one of the major issues of international law nuclear. Existence of wake points in this treaty such as: some vague phrases and sentences، the uncertainty of dispute resolution mechanisms and the imbalance between the rights and obligations of the contracting states. The organizers of the treaty has made nuclear powers to define their interests by arbitrary interpretation of rights and obligations domain under this treaty. The nuclear powers states by differentiate between the «sensitive/ insensitive activities” and pursue of policy named» Zero Enrichment «in order to deny the rights contained in the» NPT”. The main objective of this research is to answer this question that: in the light of international law، how we can obtain، consolidation، and advocated the «Right to Enrichment» of I. R. I? The hypothesis is based on the basis that to attain complete nuclear rights، particularly the «Right to Enrichment» as «Inherent and Inalienable Right» of the Iranian nation are in compliance with the principles of nuclear international law. One of major objectives of this paper is to prove the legitimacy of the Islamic Republic of Iran''s nuclear rights، including through the identification and consolidation rights of «development»، «participation»، «technology transfer» and the exercise of the «right to enrichment» as «Inalienable Right» in the framework of regulations of Non-Proliferation. The result of this research indicates the fact that: the recognition of the «right to enrichment»، in addition to preserve the national interest، can develop the international law، especially help the interpretation of international treaties and create international practice.