Search results

Safeguards Agreements are the important legal institution in the system of international control of peaceful utilization of the atomic energy. The control is kept by the International Atomic Energy Agency. The control activities of this organization have to secure that any help offered by itself, by its request, or under its supervision or control cannot be diverted into any military goals. The control activities of the Agency in this scope have to preclude any proliferation of nuclear technology by means of eliminating the situations of inadequate utilization of the Organization's assistance by a State and to prevent a seizure or increase in an army nuclear supplies used and produced in the objects subjected to the safeguards system of the IAEA. The control activities of the Agency is regulated by many acts, the essential ones are: the IAEA Statute, the Safeguards Document, the Inspectors Document. They provide the key model of the control system. These provisions are specified in the Safeguards Agreements. The agreements are concluded between the Agency and one or several member states and they contain commitments of the states- -parties to the agreement to use materials equipment and installations subjected to the IAEA safeguards solely for peaceful goals, the organization is granted the right to control carrying out the commitments of the contracting states. The agreements can concern whether a project of utilization of the Agency assistance or bilateral or multilateral regulation in the scope of utilization of the atomic energy, enabling a contracting state to apply to the organization asking for executing safeguards, they can also refer to any activity of a state pertinent to the atomic energy which is unilaterally subjected to the safeguards of the Agency. The author of the article indicates at the substance of the Safeguards Agreements and discusses their particular types in the IAEA regulations and practice. These are: Project Agreements, Safeguards Transfer Agreements, Safeguards Execution Agreements, Unilateral Safeguards Submission Agreements, Supplementary and Subsidiary Agreements. The development of the International Atomic Energy Agency control system is also discussed. ; Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016

Both the present theory of international conflicts and recent development in international relations in the sphere of procedures and bases for pacific solution of international disputes call for an urgent re-examination of a number of relevant problems involved. There are three such problems the examination of which is essential to meet the necessity of a new approach to international disputes and their solution by pacific means. First of all it seems to be of primary importance to propose a new and more adequate systematization of international disputes using such criteria as they appeared to have played in practice decisive role in the originating (sources) of particular disputes their stages and possible mutations. The author proposes five such criteria which give an opportunity to systematize all disputes and show them in the light of variety of characteristic features. These criteria are as follows: a) substance of the dispute (the subject matter may be territorial or personal), b) persons meaning parties to a dispute (there may by bilateral or multilateral disputes; disputes between states, states and an organization, or between organizations etc.), c) the factor of time which may have and material significance or plays a formal and procedural role, d) the factor of the locus in the meaning of the character of circumstances (local, regional or universal) which bear upon sources of a particular dispute, and e) the factor of forum which shows whether and under what conditions a particular dispute may be discussed on the international plane or falls within the exclusive national jurisdiction. The visible decline of using existing devices and means of pacific solution of international disputes as listed in the article 33 of the Charter tends to expose the international peace to a real danger. There is therefore a further need of thorough research of present practices spontaneously and often informally developing. The author gives a number of such instances which together with some other propositions may be used as a helpful indication by drafting new devices and institutions of pacific solution of international disputes. Finally there is another problem which consists in an hypothesis that there is an intimate relation between particular types of international disputes and means best calculated to bring such disputes to an desirable end. In other words the problem put forward by the author lies in an answer to the question whether there may be found a guiding rule or set of rules which would facilitate the proper choice of particular procedure best fiting in with requirements and nature of a given dispute. ; Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016