While there are a number of disincentives that prevent states from participating in the nuclear black market, most of these deterrents do not apply to non-state actors. This article focuses on the difficulties this situation presents in a time of global terrorism. The author points out that terrorists already have the money, means and motive to build or purchase nuclear devises. In analyzing this issue the author proposes two options. First, member parties could amend one of all of several existing treaties of the subject. Second, the international community can draft a new treaty or convention on nuclear smuggling and proliferation that focuses on preventing non-state actors from participating in the nuclear black market. After a thorough analysis of each of these options the paper concludes that the latter option is the best and most effective means of combating nuclear terrorism.
Non-State Actors in the Nuclear Black Market: Proposing an International Legal Framework for Preventing Nuclear Expertise Proliferation & Nuclear Smuggling by Non-State Actors,
2 Santa Clara J. Int'l L.
Available at: http://digitalcommons.law.scu.edu/scujil/vol2/iss1/3