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

The Resilience of Opacity in a Changing International Legal Environment

The Resilience of Opacity in a Changing International Legal Environment

How Europe Weighted East-West Negotiations of the NPT

(p.213) Seven The Resilience of Opacity in a Changing International Legal Environment

Grégoire Mallard

University of Chicago Press

Chapter 7 analyzes how international organizations negotiate the interpretation of legal obligations when changes occur in the international legal environment. It describes how the production of soft law and a truly global treaty – the NPT – affected the negotiation between the two existing international organizations in charge of verifying the legal obligations of their member-states with regard to the use of nuclear technologies and fissile materials: Euratom and the International Atomic Energy Agency, or IAEA. It shows that when opposite legal rules are inherited from a succession of treaties with overlapping jurisdiction, it is not always the newest and more general rules that survive the hard work of harmonization. In this case, European diplomats not only preserved Euratom’s exclusive control of nuclear activities in Europe after the NPT was signed, but they also convinced the IAEA to design a new global NPT safeguards system, which was adapted to the Euratom system. The outcome such a complex and sequential process of harmonization of opaque legal rules thus produced some loopholes in the global nonproliferation regime, as the goal of Euratom had never been to check nuclear proliferation in Europe.

Keywords:   opacity, legal environment, IAEA, NPT, Euratom, harmonization, loopholes, nonproliferation regime

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.