Is the International Nuclear Law a Separate Branch of International Law?

Abstract

This article analyzes the current status of the International Nuclear Law. It contains arguments in support of the assertion that the International Nuclear Law has been already formed as a separate branch of International Law. The article formulates the subject of the International Nuclear Law as the peaceful use of nuclear energy. The author puts forward the argument that nuclear disarmament belongs to another branch of the International Law – the International Security Law. Pressing issues of further development of the International Nuclear Law are set forth: the further analysis of lessons learned from Fukushima NPP accident, and their implementation in national legislations and the IAEA recommendations; establishment of an international mechanism for rapid response in the event of a nuclear accident; strengthening of the nuclear security regime; overcoming the fragmentation of the international liability regime for nuclear damage.

Keywords

• international nuclear law
• branch of the international law
• iaea
• nuclear safety and security
• nuclear disarmament
• civil liability for nuclear damage