Document Type

Working Paper

Publication Date

3-22-2016

SSRN Discipline

PSN Subject Matter eJournals; Political Institutions: International Institutions eJournals; LSN Subject Matter eJournals; Public International Law eJournals; Sustainability Research & Policy Network; Management Research Network; Economics Research Network; Legal Scholarship Network; Law School Research Papers - Legal Studies; International Law & Trade eJournals; SRPN Subject Matter eJournals; Political Institutions eJournals; Political Science Network; Social Responsibility of Business eJournals; Environmental & Natural Resources Law eJournals; Political Economy - Development eJournals

Abstract

This article is part of a special issue of the Cambridge Journal of International Comparative Law addressing the concept of the fundamental rights of states in international law The article will first consider this theme from a legal theoretical perspective It will conclude that fundamental rights of states exist in international law as autonomous juridical principles The article will then proceed to discuss one such asserted fundamental right of states the right to peaceful nuclear energy as codified in the 1968 Nuclear Nonproliferation Treaty It will argue that the right to peaceful nuclear energy is indeed a fundamental right of states and that it has juridical substance and carries juridical implications as a rule of law on par with other rules of the jus dispositivum

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