CYIL vol. 12 (2021)

maria manuel meruje CYIL 12 (2021) agreements and is seen as an “umbrella” of the international regime for non-proliferation and disarmament of nuclear weapons. 10 The 1968 conclusion of the NPT negotiations (following the UN General Assembly resolution) is considered an international landmark in the history of non-proliferation. During the 1960s, it was feared that many countries would acquire the capacity to develop nuclear weapons. US President John F. Kennedy personally committed himself during his administration to the cause of non-proliferation, which was in his view a serious situation, being concerned that within a few years dozens of states would be in possession of nuclear weapons. 11 The NPT was designed to ensure that international assistance and cooperation would be provided in exchange for a commitment that no nuclear material would be diverted to military purposes. Thus, the main objectives of the NPT enshrined in its text are to prevent the spread of nuclear weapons (Article I), ensuring security to the states that determine to renounce or abandon nuclear programs, encouraging international cooperation in the use of nuclear energy for peaceful purposes (Article IV) and pursuing negotiations in good faith for nuclear disarmament (Article VI). Its goal remains the desired elimination of nuclear weapons. The NPT introduces the balance of obligations concept, i.e. a trade-off between the “non-nuclear states” which are parties to the Treaty and which agree not to acquire nuclear weapons and submit to the safeguards regime established within Article III. On balance, the “nuclear states” accept only accessing nuclear material for peaceful purposes, while pursuing disarmament. Therefore, global security is based on the NPT bargain, which rests on three fundamental pillars: i) non-proliferation, ii) disarmament, and iii) the right to peacefully use nuclear technology. 12 Nevertheless, we would add a safeguard regime to these pillars. The activities done by the International Atomic Energy Agency to apply the safeguard regime established within Article III.1 and III.3 have been respected internationally and are fundamental to the implementation of the NPT. Our next point will address this specific topic. 2.2 The Safeguards Regime The IAEA was created in 1957 as a specialized international scientific organization and part of the UN system. 13 The purpose of IAEA traditional safeguards system (INFCIRC 66/Rev2) is to prevent the diversion of nuclear material from its peaceful to military use by maximizing early detection and assuring the international community that countries respect their commitments. The safeguards regime is established under Article XII of the IAEA Statute, giving the IAEA legitimacy to inspect nuclear material declared by States. This regime has been developed over its existence, but its identity, guided by the historical context 10 MEYER, Paul Saving the NPT, Nonproliferation Review , 16:3 (2009), 463–472, (available at: https://doi. org/10.1080/10736700903255128). 11 GRAHAM Jr, Thomas Interpreting the Nuclear Non-Proliferation Treaty, The Nonproliferation Review , 19:1 (2012), pp. 137–141. (available at: https://doi.org/10.1080/10736700.2012.655093). 12 Idem. 13 JANKOWITSCH-PREVOR, Odette. The Normative Role of the International Atomic Energy Agency, Legal Basis and Legal Sources, In International Nuclear Law: History, Evolution and Outlook , OECD-NEA Publication (2010), p. 13.

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