Ilaria Anna Colussi

Mitigating the Nuclear ‘Dual-Use Dilemma’: Suggestions for the Enhancement of the Culture of Responsibility

This Chapter aims at delineating a proper ethical and legal response to the ‘dual-use dilemma’ of nuclear science and technologies. After assessing the different models of governance proposed so far for addressing the ‘dual-use’ feature of nuclear technologies, and based on precautionary, proactionary and cost/benefit approaches, it develops a framework based on the notion of ‘responsible stewardship’. This framework is based on a comprehensive analysis—through the involvement and cooperation, as much as possible, of all the stakeholders in the field—of both the advantages and the risks of the nuclear area, considering social, ethical, legal, environmental and political values. The policies then adopted are periodically and constantly revised (according to a ‘step by step’ principle) and based on the proportional balance of interests, values and rights at stake. A multilevel framework of sources and actors is involved in such a responsible process. A specific attention is devoted to the balance between the freedom to research and the security needs at the individual and at the State level, in particular focusing on Article IV of the Treaty of Non-Proliferation of Nuclear Weapons. Concrete ways for applying such model are explained, in particular with regard to the control of materials, education of people, and control of information. Finally, the historical steps in the governance of nuclear technologies are explored and some examples provided for the suggested approach.

Trade Sanctions and Dual-Use Technologies

One of the basic rules in trade law is the freedom of trade. However, such rule encounters some limitations when the object of trade is constituted by strategic items, such as dual-use items, which may have peaceful (civilian/commercial) or non peaceful/military applications. Trade of these categories of goods needs to be controlled, as they can provoke security concerns. Such control is pursued through control lists, licenses, authorizations to stakeholders of the supply chain, information-sharing and cooperation mechanisms, reports, records, declarations, screenings and sanctions as well. The paper aims at focusing on the issue of sanctions, in particular the ones established at the international level: these measures are provided for the violation of trade rules in reference to dual-use items, and/or sanctions have as an object this type of goods. The legal provisions established by the World Trade Organization (WTO) and at the United Nations level are analysed thereafter. Brief observations are offered as regards the EU framework of restrictive measures too.