Abstract: Although in the mid- twentieth century, the international community and law accepted and approved freedom of trade among nations as a fundamental principle and to enact it implemented international mechanisms and although the right of all states to peaceful uses of nuclear technology and international community duty to global development of this technology were confirmed in various international instruments, imposing some limitations and exceptions to this principle in some international documents related to the export and import of nuclear materials and broad albeit apparently judicial interpretation of the advanced nuclear states of these conditions and exceptions, led the free flow of goods in international trade to face discriminatory restrictions in practice. This caused doubt and uncertainity regarding applicability of the principle of freedom of international trade in nuclear materials. The present article focuses on the study and evaluation of the legal system of international trade of nuclear materials and its constraints within the framework of the WTO, as well as the non-proliferation of nuclear weapons rule.
Keywords: World trade organization, The nuclear non-proliferation treaty, Nuclear goods, The International Atomic Energy Agency, General agreement on tariffs and trade
J. of Nucl Sci. and Tech 71