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CYIL 7 ȍ2016Ȏ
INTERNATIONAL ADMINISTRATIVE LAW AND ADMINISTRATIVE ACTS…
Agency, Society for Worldwide Financial Telecommunication, International
Commission on Radiological Protection).
6. Currently, the International Atomic Energy Agency (IAEA) represents
a salient example of a decision making international administrative union. The
Statute of the IAEA of 1956 provides for several competencies to issue individual
approval regarding specific activities falling under the scope of Agency safeguards.
In particular, the Agency
approves
the design of specialized equipment and facilities,
including nuclear reactors, with respect to any Agency project, or other arrangement
where the Agency is requested by the parties concerned to apply safeguards.
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Further, the Agency also
approves
the means to be used for the chemical processing
of irradiated materials solely to ensure that this chemical processing will not lend
itself to diversion of materials for military purposes and will comply with applicable
health and safety standards.
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The Treaty establishing the European Atomic Energy
Community of 1957 represents another example of an international organisation to
which vertical decision making powers were delegated. The Euratom Community
has power to issue approval with concluding specific contracts between a Member
State, a person or an undertaking, on the one hand, and a third State, an international
organisation or a national of a third State. on the other,
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to decide about carrying
out of an inspection on the territory of a member State,
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to impose sanctions on
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The Agency shall have the following rights and responsibilities to the extent relevant to the project or
arrangement: To examine the design of specialized equipment and facilities, including nuclear reactors, and
to approve it only from the viewpoint of assuring that it will not further any military purpose, that it complies
with applicable health and safety standards, and that it will permit effective application of the safeguards
provided for in this article
(Art. XII A. 1.).
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The Agency shall have the following rights and responsibilities to the extent relevant to the project or
arrangement: To approve the means to be used for the chemical processing of irradiated materials solely to
ensure that this chemical processing will not lend itself to diversion of materials for military purposes and will
comply with applicable health and safety standards; to require that special fissionable materials recovered or
produced as a by-product be used for peaceful purposes under continuing Agency safeguards for research or
in reactors, existing or under construction, specified by the member or members concerned; and to require
deposit with the Agency of any excess of any special fissionable materials recovered or produced as a by-product
over what is needed for the above- stated uses in order to prevent stockpiling of these materials, provided that
thereafter at the request of the member or members concerned special fissionable materials so deposited with
the Agency shall be returned promptly to the member or members concerned for use under the same provisions
as stated above
(Art. XII A. 5.).
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Where an agreement or contract between a Member State, a person or an undertaking on the one hand, and
a third State, an international organisation or a national of a third State on the other, provides inter alia for
delivery of products which come within the province of the Agency, the prior consent of the Commission shall
be required for the conclusion or renewal of that agreement or contract, as far as delivery of the products is
concerned
(Art. 73).
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If the carrying out of an inspection is opposed, the Commission shall apply to the President of the Court of
Justice of the European Union for an order to ensure that the inspection be carried out compulsorily. The
President of the Court of Justice of the European Union shall give a decision within three days. If there is
danger in delay, the Commission may itself issue a written order, in the form of a decision, to proceed with the