CYIL Vol. 7, 2016

CYIL 7 ȍ2016Ȏ INTERNATIONAL ADMINISTRATIVE LAW AND ADMINISTRATIVE ACTS… Agency, Society for Worldwide Financial Telecommunication, International Commission on Radiological Protection). 6. Currently, the International Atomic Energy Agency (IAEA) represents a salient example of a decision making international administrative union. The Statute of the IAEA of 1956 provides for several competencies to issue individual approval regarding specific activities falling under the scope of Agency safeguards. In particular, the Agency approves the design of specialized equipment and facilities, including nuclear reactors, with respect to any Agency project, or other arrangement where the Agency is requested by the parties concerned to apply safeguards. 43 Further, the Agency also approves the means to be used for the chemical processing of irradiated materials solely to ensure that this chemical processing will not lend itself to diversion of materials for military purposes and will comply with applicable health and safety standards. 44 The Treaty establishing the European Atomic Energy Community of 1957 represents another example of an international organisation to which vertical decision making powers were delegated. The Euratom Community has power to issue approval with concluding specific contracts between a Member State, a person or an undertaking, on the one hand, and a third State, an international organisation or a national of a third State. on the other, 45 to decide about carrying out of an inspection on the territory of a member State, 46 to impose sanctions on 43 The Agency shall have the following rights and responsibilities to the extent relevant to the project or arrangement: To examine the design of specialized equipment and facilities, including nuclear reactors, and to approve it only from the viewpoint of assuring that it will not further any military purpose, that it complies with applicable health and safety standards, and that it will permit effective application of the safeguards provided for in this article (Art. XII A. 1.). 44 The Agency shall have the following rights and responsibilities to the extent relevant to the project or arrangement: To approve the means to be used for the chemical processing of irradiated materials solely to ensure that this chemical processing will not lend itself to diversion of materials for military purposes and will comply with applicable health and safety standards; to require that special fissionable materials recovered or produced as a by-product be used for peaceful purposes under continuing Agency safeguards for research or in reactors, existing or under construction, specified by the member or members concerned; and to require deposit with the Agency of any excess of any special fissionable materials recovered or produced as a by-product over what is needed for the above- stated uses in order to prevent stockpiling of these materials, provided that thereafter at the request of the member or members concerned special fissionable materials so deposited with the Agency shall be returned promptly to the member or members concerned for use under the same provisions as stated above (Art. XII A. 5.). 45 Where an agreement or contract between a Member State, a person or an undertaking on the one hand, and a third State, an international organisation or a national of a third State on the other, provides inter alia for delivery of products which come within the province of the Agency, the prior consent of the Commission shall be required for the conclusion or renewal of that agreement or contract, as far as delivery of the products is concerned (Art. 73). 46 If the carrying out of an inspection is opposed, the Commission shall apply to the President of the Court of Justice of the European Union for an order to ensure that the inspection be carried out compulsorily. The President of the Court of Justice of the European Union shall give a decision within three days. If there is danger in delay, the Commission may itself issue a written order, in the form of a decision, to proceed with the

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