Fundamental Rights of States in International Law, and the Right to Peaceful Nuclear Energy

Cambridge Journal of International & Comparative Law, Volume 4(3), Forthcoming

U of Alabama Legal Studies Research Paper No. 2752625

20 Pages Posted: 22 Mar 2016

See all articles by Daniel Joyner

Daniel Joyner

University of Alabama - School of Law

Date Written: March 10, 2016

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.

Keywords: rights of states, fundamental rights, nuclear energy

Suggested Citation

Joyner, Daniel, Fundamental Rights of States in International Law, and the Right to Peaceful Nuclear Energy (March 10, 2016). Cambridge Journal of International & Comparative Law, Volume 4(3), Forthcoming; U of Alabama Legal Studies Research Paper No. 2752625. Available at SSRN: https://ssrn.com/abstract=2752625

Daniel Joyner (Contact Author)

University of Alabama - School of Law ( email )

P.O. Box 870382
Tuscaloosa, AL 35487
United States

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