Jump to ContentJump to Main Navigation
FalloutNuclear Diplomacy in an Age of Global Fracture$
Users without a subscription are not able to see the full content.

Grégoire Mallard

Print publication date: 2014

Print ISBN-13: 9780226157894

Published to Chicago Scholarship Online: May 2015

DOI: 10.7208/chicago/9780226157924.001.0001

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 27 October 2020

Opacity in Legal Interpretation

Opacity in Legal Interpretation

The Transatlantic Negotiations of the Euratom Treaty

Chapter:
(p.117) Five Opacity in Legal Interpretation
Source:
Fallout
Author(s):

Grégoire Mallard

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226157924.003.0005

Chapter 5 analyzes how opacity, which consists in interpreting differently the meaning of a treaty rule in public and in private, is produced, and how it works in treaty negotiations. It takes the negotiations of the Euratom Treaty and the U.S.-Euratom Treaty in the late 1950s as a case study. It shows how opacity postponed controversies (mostly in France and in the U.S.) until after the entry into force of the treaty. Indeed, publicly, Euratom was presented as a nonproliferation treaty: in the U.S., it was mostly seen as another instrument of Cold War politics, which ensured the U.S. dominance over nuclear affairs in Europe. But privately, Euratom Treaty negotiators interpreted key “nonproliferation” rules in a quite opposite way: in their interpretation, Euratom created the legal conditions for supranational nuclear proliferation from the U.S. to a united Europe. Opacity thus allowed the European diplomats gathered around Jean Monnet to postpone controversy over Euratom’s controversial rules of control until after the entry into force of this treaty instead of during the process of ratification.

Keywords:   opacity, public, private, Euratom, nuclear proliferation, Jean Monnet, Cold War

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.