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The Development of International Co-Operation in the Peaceful Use of Atomic Energy

Published online by Cambridge University Press:  28 March 2017

Alwyn V. Freeman
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Type
Editorial Comment
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American Journal of International Law , Volume 54 , Issue 2 , April 1960 , pp. 383 - 392
Copyright
Copyright © American Society of International Law 1960

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References

1 The proposal was first put forth by President Eisenhower in an address to the TJ.N. General Assembly on Dee. 8, 1953. TJ.N. General Assembly, 8th Sess., Official Records, 443rd Plenary Meeting, Doc. A/N 470.

2 The first session of the Inter-American Nuclear Energy Commission, which was created in 1959 by a decision of the Council of the OAS, was held Oct. 20-24, 1959.

3 For the text of the Euratom Treaty, see TJ.N. Treaty Series, Vols. 294-298, and 51 A.J.I.L. 955 (1957). The treaty and its annexes are reproduced in a collection recently published by the International Atomic Energy Agency, “Multilateral Agreements,” Legal Series No. 1 (Vienna, 1959). For an excellent summary of Euratom's current programming, see the Report of the Committee on International Control of Atomic Energy, Proceedings of the A.B.A. Section of International and Comparative Law, 1959, pp. 73 ff.

4 See ‘’ Setback in Brussels,'’ Forum Memo., Atomic Industrial Forum, Nov., 1959, p. 110. A summary of the power objectives of the Eitbatom program is contained in an article by David F. Cavers, “International Cooperation in the Peaceful Uses of Atomic Energy,” 12 Vanderbilt Law Review 17 (1958).

5 The Statute of O.E.E.C. 's Nuclear Energy Agency, which entered into force on Feb. 1, 1958, is set forth in 53 A.J.I.L. 1012 (1959). This organization is not to be confused with CEEN, the European Organization for Nuclear Research (at Meyrin, near Geneva), which was established under the auspices of UNESCO for basic research work.

6 Cf. von Mehren, ‘’ Agreements for Cooperation: The United States Bilateral Program,” in Progress in Nuclear Energy, Series X, Law and Administration, ed. by Herbert S. Marks (Pergamon Press, 1959). And see the Atomic Energy Commission's Annual Report to Congress for 1959, TJ. S. Govt. Printing Office, 1960, pp. 108 ff.

7 The International School graduated 513 engineers (413 from foreign countries) in the four years of its operation. It closed in December, 1959, being replaced by the International Institute of Nuclear Science and Engineering whose curriculum is at a higher professional level. U. S. Atomic Energy Commission, Press Release No. C-15, Feb. 3, 1960.

8 Cavers, loc. cit. 25-26.

9 Joint Committee on Atomic Energy, 85th Cong., 2nd Sess., “Agreement for Cooperation between the Government of the United States of America and the European Atomic Energy Community (EURATOM) concerning Peaceful Uses of Atomic Energy,” App. B, p. 13; App. D, p. 22 (Committee Print, July, 1958).

10 Public Law 85-846 (S.4273), “The Euratom Cooperation Act of 1958.” Cf. the collection of materials printed by the Joint Committee on Atomic Energy, “Atomic Energy Legislation through 86th Congress, 1st Session, Dec, 1959,” pp. 121-123.

11 The text of the IAEA Statute (Exec. I, U. S. Senate, 85th Cong., 1st Sess.) appears in Treaties and Other International Acts Series (U. S.), No. 3873, and is reproduced in 35 Dept. of State Bulletin 820 (1956); 51 A.J.I.L. 466 (1957); “Multilateral Agreements,” cited above, p. 49, and Progress in Nuclear Energy, cited above, p. 967. Excellent commentaries on the IAEA Statute are contained in articles by Bechhoefer and Stein, ‘’ Atoms for Peace: The New International Atomic Energy Agency,'’ 55 Michigan Law Review 747 (1957), and Isenbergh, “The Statute of the International Atomic Energy Agency,” in Progress in Nuclear Energy, cited above, p. 219.

12 For the relationship agreement between the Agency and the United Nations (which came into force on Nov. 14, 1957) see 281 U.N. Treaty Series, No. 584, and U.N. Doc. A/3620, with corr. 1. It also appears as Agency Docs. GOV/4 and GC.1/3, July 11, 1957.

13 IAEA Statute, Art. III , A, 1-2; Art. XI, B.

14 Ibid., Art. IX, A, B, C, G and H.

15 Ibid., Art. XI, F, 4, and Art. XII.

16 Ibid., Art. III , A, 4.

17 Ibid., Art. III , A,3.

18 .Ibid., Art. III , A,6.

19 Cf., in that context, the Report of the Senate Committee on Foreign Relations on Exec. I, 85th Cong., 1st Seas., Ex. Rep. No. 3, p. 1.

20 See the Report of the International Atomic Energy Agency to the U.N. General Assembly covering the period July 1, 1958, to June 30, 1959, U.N. Doc. A/4244, Oct. 21, 1959; and the Agency's Program and Budget for 1960, IAEA Doc.GC (III) 75, August, 1959.

21 IAEA Press Release 59/76, Sept. 17, 1959, reproducing the communiqué of Mr. McCone of the TJ. S. Atomic Energy Commission, and Prof. Emelyanov of the U.S.S.R. Atomic Energy Organization. And see the provisional verbatim records of the 835th Plenary Meeting of the 14th General Assembly, Doc. A/P.V. 835, Nov. 3, 1959, p. 37.

22 The valuable findings and recommendations which this committee based upon its 1956-1958 work sessions are contained in “Report of the United Nations Scientific Committee on the Effects of Atomic Radiation,” General Assembly, 13th Sess., Official Records, Supp. No. 17 (A/3838, 1958).

23 U.N. Press Release IAEA/223, Feb. 4, 1960.

24 Cf. the resolution of the Geneva Conference on the Law of the Sea (1958), on Pollution of the High Seas by Radioactive Materials, U.N. Doc. A/CONF.13/L.56, reprinted in 52 A.J.I.L. 864 (1958).

25 New York Times, Nov. 17, 1959, p. 2.

26 The draft convention and accompanying commentary are contained in IAEA Docs. DG/PL/17 and DG/PL/18, Sept. 14 and 17, reap, (restricted). And see “Legal Protection against Nuclear Damage,” IAEA Bulletin, Vol. 1, No. 1, April, 1959, p. 15.

27 For the text of the agreement, cf. IAEA Doc.GOV/281, Feb. 24, 1959, as authorized by the Board of Governors on March 12, 1959 (GOV/DEC/11-II); and see also the report of IAEA to the U.N. General Assembly, U.N. Doc. A/4244, Oct. 21, 1959, pp. 47-48.

28 IAEA Doe. GOV/INF/36, Sept. 26, 1959, and the summary of decisions of the Agency's Board of Governors, GOV/DEC/14 ( II) , pp. 9-10; also IAEA Press Release PR 59/77 rev., Sept. 26, 1959.

29 IAEA cable press release, Atom 35, Feb. 2, 1960.