جستجوی مقالات مرتبط با کلیدواژه "nuclear energy" در نشریات گروه "فقه و حقوق"

International law, while prohibiting non-nuclear weapon states from acquiring nuclear weapons, has allowed them to use nuclear materials in non-proscribed military activities and under certain conditions, exclude them from International Atomic Energy Agency safeguards. Following the conclusion of the Pact between the US, UK and Australia in September 2021 to transfer of 12 military nuclear submarines by the first two states to Australia (known as the Aukus Pact), non-applicability of the Agency safeguard to these activities has become an international concern and the issue was placed on the agenda of the Board of Governors of the Agency. The legal definition of the this non proscribed military activity or and also legal base of permissibility of using nuclear materials in these activities in international law are question the present article has studied I in a descriptive-analytical way with an emphasis on the Ankus Case. The findings of this research indicate that the existing international law allows the non-nuclear weapon states to enjoy the non-proscribed military uses of nuclear energy and to exclude its related activities from the the Agency safeguards, but this is regarded as a grey area and a legal lacuna of the nuclear non-proliferation regime has caused international concerns.

With the discovery of the atom and the increasing development of nuclear energy, extensive efforts were made at the level of the international community for the peaceful use of nuclear energy.The collection of these efforts led to the formation of a set of documents, treaties, customary rules and procedures for governments to regulate their nuclear activities within its framework. Today, the use of nuclear energy is an important issue in the world community, and the international law of nuclear activities considers and approves the achievement of peaceful atomic technology as a part of national sovereignty.In this context, Iran's nuclear activity is not separate from this issue, so that in recent decades, the country's nuclear activities have been the focus of the international community. The present article, with descriptive and analytical method, aims to answer the question, why peaceful nuclear activities Is Iran allowed?The results of this research show that Iran's nuclear activities under the protection of the holy Sharia and the principle of sanctity in not using nuclear weapons and in the light of the jurisprudence rule of the Nafisabil rule are only for peaceful purposes and to avoid non-Muslim domination over Muslims. Iran has always proven that it does not use its nuclear activities for peaceful purposes in accordance with international law.

Nuclear smuggling has emerged, as a new manifestation of smuggling, with the discovery and operation of nuclear energy in the life of human society. The issue of controlling the import and export of nuclear material and devices that have been considered by international instruments, including the Convention on the Protection of the Physical Protection of Nuclear Material. This matter has led some governments to criminalize the illegal smuggling of materials, devices, and nuclear science separately. On this path, Canada, as one of the countries that exploit nuclear technology, has adopted a cynical approach in the area of criminality and the designation of a criminal sanction against nuclear smuggling. On the other hand, the activists of Iran's criminal system, by introducing a law on the smuggling of weapons, ammunition, and weapons and ammunition holders, have described the case of nuclear smuggling, namely the trafficking of radioactive materials as criminal offenses. Nevertheless, in order to have an up-to-date and dynamic criminal policy against the aforementioned behavior, it is necessary to compare national penal provisions to Canadian laws that have a comprehensive view of the various manifestations of nuclear trafficking and threats of committing it. Eventually, appropriate criminal punishment for dealing with nuclear smuggling will be outlined.

Nuclear technology is one of the sciences that, from the very beginning of its development in the field of life, heralds a profound and comprehensive transformation in the future of human life and shows clear horizons. Today, the issue of the use of nuclear energy is an important and influential issue in the international community. The issue of Iran and the peaceful uses of nuclear energy has been the focus of the international community for decades. In recent decades, the international community has sought international law to regulate the peaceful uses of nuclear energy in accordance with international legal rules and regulations. Over the years, Iran has always had extensive and voluntary cooperation with the International Atomic Energy Agency and its inspectors, and has always proven that it uses nuclear energy except for peaceful uses and for the economic and industrial growth of the country. Does not work. Regarding the jurisprudential ruling on the use of nuclear weapons, it should be said that arguments such as the sanctity of genocide, the principle of non-aggression, the military conduct of the Holy Prophet (PBUH), the rule of no harm, the rule of minister and the rule of sin indicate the sanctity of using nuclear weapons in war.

The discovery and focusing on different advantages of application of nuclear energy do not mean to neglect the power of this type of energy to develop and expand activities that violate the safety and security of the community and its followers. Among these behaviors is nuclear blackmail that along with the threat of using the destructive power of nuclear energy, the illegal demands of individuals are asked to enforce. In this respect, England and Wales' penal system is one of the few systems around the world that have independently reacted to the commission of nuclear blackmail. Thus, both terrorist and non-terrorist dimensions of nuclear blackmail are separately criminalized. Contrary to England and Wales' penal system, the legislator of Iran has not yet paid attention to criminalize nuclear blackmail. In this regard, the purpose of this research is to study and analyze the penal laws of Iran and England and Wales against nuclear blackmail and to suggest a proper criminal strategy in related the beforementioned behavior.

The main issue of the present paper is to explain and analyse the European Union’s political strategy and guidelines on the face of the joint foreign policy and security policy based on Maastricht Treaty. Since the European Union has had strategic and strategic relations with the Gulf region since then, the European Union’s relations with different countries in the Gulf region especially in recent years have revealed this contradiction of their double standards, which has been chosen for research and the following article. It is also to be mentioned that the European Union considers a special place to respect human rights in its function and structure, and seems to have clear efforts to protect human rights (according to their definitions)in the regulation of different institutions of the Union. For instance, it stipulated that the European countries join them and make them benefit from union facilities, even in all its treaties with other countries on respect of these rights. accordingly, because human rights and the continuation of nuclear power as two main principles in the foreign policy and security of the european union, especially in relations with the countries of the persian gulf, are always stressed and important and sensitive in political relations, the article has been emphasized in the article. It seems that the European Union, by abusing human rights and nuclear energy, and adopting dual policies, seeks to implement its interests and goals in the common foreign and security policy in the world.

Nuclear energy has always been of interest to lawyers and politicians in two ways of military use, and peaceful use since its discovery. Not with standing the provisions of the Global Compact on the Prohibition of Local Weapons, the Inalienable Right to Economic Non Discrimination The peaceful use of nuclear energy at all Some aspects of the nuclear states and their supporters in recent decades have been addressed through legal interpretations and they have tried to make arrangements and international actions restrict the scope of this right under the pretext of preventing the proliferation of nuclear weapons. One of these efforts is the Comprehensive Plan of Action Agreement which has imposed restrictions on Iran's peaceful nuclear programs and activities. The present article examines the concept of the right to peaceful use, its features and international efforts to limit it by emphasizing the provisions of the Comprehensive Plan of Action .

Nuclear facilities, though have large advantages for human being, they also creates heavy hazards. Thus, the question of civil liability results from events of mentioned facilities are so significant. This paper studies the question of the basis and responsible for compensation results from aforementioned events in international instruments, Iran and French law. Outcome of this study shows that in this regard, Paris and Vienna conventions and the other related conventions and protocols adjust a special legal régime. In this respect, the international instruments while distancing themselves from liability based on fault, highlight the exclusive responsibility of the operator of nuclear facilities and they have commited the operator to insurance or appropriate secure financing. Also French legal régime have followed this manner with the impact of the Paris Convention and its amendments and additions. There is no special provisions in Iran legal régime in this matter so civil liability results from nuclear events is under general rules of civil liability and rules such Itlaf (loss), Tasbib (causation), Taqsir (fault) and La-zarar (no damage) in the context of Imamye jurisprudence. Ofcourse, the responsible is basically the one who the damage is attributable to him. Finaly, It is appropriate that the Iranian legislator predict favorable régime and provides special financial fund for compensation of possible injured parties in accordance with necessities and specific requirements related to nuclear energy