The Law and Practices of the International Atomic Energy Agency

1188 Pages·2005·19.6 MB·English

The Law and Practices
of the
International
Atomic Energy Agency
PAUL C.SZASZ
LEGAL SERIES No.7
^ I N T E R N A T I O N AL A T O M IC E N E R GY A G E N C Y, V I E N N A, 1 9 70

THE LAW AND PRACTICES
OF THE
INTERNATIONAL
ATOMIC ENERGY AGENCY
The following States are Members of the International Atomic Energy Agency:
AFGHANISTAN HOLY SEE PHILIPPINES
ALBANIA HUNGARY POLAND
ALGERIA ICELAND PORTUGAL
ARGENTINA INDIA QATAR
AUSTRALIA INDONESIA ROMANIA
AUSTRIA IRAN SAUDI ARABIA
BANGLADESH IRAQ SENEGAL
BELGIUM IRELAND SIERRA LEONE
BOLIVIA ISRAEL SINGAPORE
BRAZIL ITALY SOUTH AFRICA
BULGARIA IVORY COAST SPAIN
BURMA JAMAICA SRI LANKA
BYELORUSSIAN SOVIET JAPAN SUDAN
SOCIALIST REPUBLIC JORDAN SWEDEN
CANADA KENYA SWITZERLAND
CHILE KOREA, REPUBLIC OF SYRIAN ARAB REPUBLIC
COLOMBIA KUWAIT THAILAND
COSTA RICA LEBANON TUNISIA
CUBA LIBERIA TURKEY
CYPRUS LIBYAN ARAB JAMAHIRIYA UGANDA
CZECHOSLOVAKIA LIECHTENSTEIN UKRAINIAN SOVIET SOCIALIST
DEMOCRATIC KAMPUCHEA LUXEMBOURG REPUBLIC
DEMOCRATIC PEOPLE'S MADAGASCAR UNION OF SOVIET SOCIALIST
REPUBLIC OF KOREA MALAYSIA REPUBLICS
DENMARK MALI UNITED ARAB EMIRATES
DOMINICAN REPUBLIC MAURITIUS UNITED KINGDOM OF GREAT
ECUADOR MEXICO BRITAIN AND NORTHERN
EGYPT MONACO IRELAND
EL SALVADOR MONGOLIA UNITED REPUBLIC OF
ETHIOPIA MOROCCO CAMEROON
FINLAND NETHERLANDS UNITED REPUBLIC OF
FRANCE NEW ZEALAND TANZANIA
GABON NICARAGUA UNITED STATES OF AMERICA
GERMAN DEMOCRATIC REPUBLIC NIGER URUGUAY
GERMANY, FEDERAL REPUBLIC OF NIGERIA VENEZUELA
GHANA NORWAY VIET NAM
GREECE PAKISTAN YUGOSLAVIA
GUATEMALA PANAMA ZAIRE
HAITI PARAGUAY ZAMBIA
PERU
The Agency's Statute was approved on 23 October 1956 by the Conference on the Statute of the IAEA
held at United Nations Headquarters, New York; it entered into force on 29 July 1957. The Headquarters of
the Agency are situated in Vienna. Its principal objective is "to accelerate and enlarge the contribution of
atomic energy to peace, health and prosperity throughout the world".
© IAEA, 1970
Permission to reproduce or translate the information contained in this publication may be obtained by
writing to the International Atomic Energy Agency, Wagramerstrasse 5, P.O. Box 100, A-1400 Vienna, Austria.
Printed by the IAEA in Austria
September 1970
Reprinted April 1982
LEGAL SEBIES No. 7
THE LAW AND PRACTICES
OF THE
INTERNATIONAL
ATOMIC ENERGY AGENCY
Paul C. Szasz
INTERNATIONAL ATOMIC ENERGY AGENCY
VIENNA, 1970
THE LAW AND PRACTICES OF THE
INTERNATIONAL ATOMIC ENERGY AGENCY
IAEA, VIENNA, 1970
STI/PUB/250
FOREWORD
The law of the International Atomic Energy Agency is continually evolving in step
with the evolution of the Agency's functions. This state of affairs, though healthy, presents
considerable difficulty to students and practitioners, especially as the position of the Agency
within the United Nations family is unique and its structure differs in many features from
that of the other members.
The present study was conceived and written by Mr. Paul C. Szasz with these
considerations in mind. It is based on official documents and the author's direct personal
experience as a staff member for many years. In view of the thoroughness of the study and
the familiarity of the author with international law, it is felt that the book will be of real
value to all those interested in the work of the Agency and that it will contribute greatly
both to a better understanding of the role of the Agency and to the development of its
law, as well as to the more general field of international organization studies.

CONTENTS
Preface
PART A. FOUNDATION
1. Antecedents 11
2. Formulating the Statute 21
3. The Preparatory Commission 47
4. Starting up the Agency 61
PART B. STRUCTURE
5. The Statute 71
6. Membership 93
7. The General Conference 107
8. The Board of Governors 137
9. The Director General and the Secretariat 193
10. Relationship among the statutory organs 227
11. Non-statutory organs 237
PART C. RELATIONSHIPS
12. Relationship with international organizations 257
13. Relationship with States 327
14. Relationship with individuals 345
PART D. ACTIVITIES
15. Functions, operations and programmes 351
16. Receipt of nuclear materials and related items 379
17. Agency projects 411
18. Technical assistance 453
19. Research activities 489
20. Distribution of information 517
21. Safeguards 531
22. Health and safety 659
23. Multilateral conventions 703
PART E. ADMINISTRATION
24. Staff administration 733
25. Financial administration 807
PART F. LEGAL MATTERS
26. Agreements 893
27. Settlement of disputes 927
28. Privileges and immunities 955
29. Liability 987
30. Emblem, seal and flag 1001
31. Patents and copyrights 1005
PART G. PROCEDURES
32. Reports 1023
33. Languages 1037
34. Documentation 1045
ANNEXES
1. Concordance of drafts of IAEA Statute and references
to its provisions 1071
2. Lists of principal instruments and documents 1085
3. Leading States and persons 1119
4. Abbreviations and Glossary 1133
5. Literature references 1141
DETAILED TABLE OF CONTENTS 1147