IAEAInternational Atomic Energy Agency

Nuclear Law: Safety and Security

World Nuclear University Summer Institute 11 August 2011

Wolfram Tonhauser

Section Head

Nuclear and Treaty Law SectionOffice of Legal Affairs

IAEA

Safety Security

Safeguards

Liability

NUCLEAR LAW

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• International legal framework for nuclear safety

• International legal framework for nuclear security

• International nuclear security initiatives

• Issues and trends

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All of the international legal instruments are relevant to

you as regulators, operators, industry etc. because

States will transform them into national law

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NUCLEAR SAFETY

Focus on unintended conditions/events leading to

radiological releases from authorized activities

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INTERNATIONAL LEGAL FRAMEWORK

ON NUCLEAR SAFETY

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CONVENTION ON NUCLEAR SAFETY

Scope:

Safety of nuclear installations

=

“any land-based civil nuclear powerplant including storage, handling andtreatment facilities that are on the samesite and directly related to theoperation of the nuclear power plant”

Does not apply to research reactors

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Key points:

All countries operating nuclear power plants are party to

the Convention

Peer review process

Adequacy has been questioned

Extraordinary Meeting to discuss lessons learned from

Fukashima

CONVENTION ON NUCLEAR SAFETY

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JOINT CONVENTION ON THE SAFETY OF SPENT FUEL MANAGEMENT AND ON THE SAFETY OF RADIOACTIVE WASTE MANAGEMENT

Scope:

Spent fuel from the operation ofcivilian nuclear reactors

Radioactive waste from civilianapplications includingdecommissioning activities

Uranium mining and milling wastes

Not spent fuel held at reprocessingfacilities as part of a reprocessingactivity

Not NORM material which is outsidethe nuclear fuel cycle

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Key points:

Only 60 parties although relevant to all states (with or

without a nuclear power programme)

Peer review process

JOINT CONVENTION ON THE SAFETY OF SPENT FUEL MANAGEMENT AND ON THE SAFETY OF RADIOACTIVE WASTE MANAGEMENT

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CONVENTIONS ON EARLY NOTIFICATION AND

ASSISTANCE IN THE CASE OF A NUCLEAR ACCIDENT OR

RADIOLOGICAL EMERGENCY

Scope:

Obligation to notify nuclear accidents

which have resulted or may result in a

transboundary release that could be of

radiological safety significance for

another State.

System of national contact points for

information exchange

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Supplemented by:

• Bilateral agreements between neighbouring States

• A number of safety standards; and practicalarrangements and mechanisms

CONVENTIONS ON EARLY NOTIFICATION AND

ASSISTANCE IN THE CASE OF A NUCLEAR ACCIDENT OR

RADIOLOGICAL EMERGENCY

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IAEA EMERGENCY PREPAREDNESS AND

RESPONSE SYSTEM

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Key points:

So-called post-Chernobyl system

Global regime with more than 100 parties

Adequacy has been questioned

IAEA EMERGENCY PREPAREDNESS AND

RESPONSE SYSTEM

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Scope:

All radioactive material ranging fromvery low activity material to very highactivity material such as spent fueland high-level waste

World-wide transport of radioactivematerial by all modes of transport, i.e.air, sea, land

IAEA REGULATIONS FOR THE SAFE TRANSPORT

OF RADIOACTIVE MATERIAL

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Key points:

Not only a non-binding safety standard but creates also a

legally binding regime

This is necessary to facilitate the movement of radioactive

material across borders

IAEA REGULATIONS FOR THE SAFE TRANSPORT

OF RADIOACTIVE MATERIAL

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= incorporate the principles of the IAEA

Transport Regulations

IMDG Code

By Sea

IATA

Dangerous Goods

Manual

Annex 18 to

the Chicago

Convention

By Air

MERCOSUR/

MERCOSUL

Agreement

ADR

Agreement

By Road

RID

By Rail

ADN

ADNR

By Inland

Waterways

Universal Postal

Convention

By Post

Overview

IAEA REGULATIONS FOR THE SAFE TRANSPORT

OF RADIOACTIVE MATERIAL

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CODE OF CODUCT ON THE SAFETY AND SECURITY OF RADIOACTIVE SOURCES

Scope:

„High risk‟ sealed radioactive sources

(Categories 1-3)

Supplemented by import/export

guidance document to facilitate

harmonized approach among

exporting countries

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Key points:

Is a non-binding legal instrument

Presently 103 political commitments

For the first time, cross-over with nuclear security regime

CODE OF CODUCT OF THE SAFETY AND SECURITY OF RADIOACTIVE SOURCES

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Scope:

Safety of “research reactors”

=

nuclear reactors used mainly for the

generation and utilization of neutron

flux and ionising radiation for research

and other purposes

CODE OF CODUCT OF THE SAFETY OF RESEARCH REACTORS

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CODE OF CODUCT OF THE SAFETY OF

RESEARCH REACTORS

Key points:

Is a non-binding legal instrument

Covers all stages of RR lives from siting to

decommissioning

Lacks security provisions

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NUCLEAR SECURITY

Focus on misuse of nuclear or other radioactive material

by non-State actors with the intent to cause harm

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INTERNATIONAL LEGAL FRAMEWORK ON

NUCLEAR SECURITY

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CONVENTION ON THE PHYSICAL PROTECTION

OF NUCLEAR MATERIAL

Scope: (threefold)

Physical protection of nuclear materialduring international transport

Criminalisation of offences(prosecution or extradition)

International co-operation andinformation exchange

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THE AMENDMENT TO THE CPPNM

Scope (extended):

Physical Protection of nuclear

facilities and of nuclear material in

domestic use, storage and transport

New offences relating to nuclear

smuggling/illicit trafficking and

sabotage

Expanded co-operation among States

regarding stolen or smuggled nuclear

material, sabotage, and related

offences

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CODE OF CONDUCT ON THE SAFETY AND SECURITY OF RADIOACTIVE SOURCES

Scope:

Also applies to security of sealed

sources

Nuclear material not covered

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INTERNATIONAL CONVENTION FOR THE SUPPRESSION

OF ACTS OF NUCLEAR TERRORISM

Scope:

All radioactive material, includingnuclear material

Same subject matter as the CPPNM andits Amendment (i.e. physical protection,criminalization of offences andinternational cooperation)

Refers to relevant IAEArecommendations regarding thephysical protection of radioactivematerial

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THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL

ACTS AGAINST THE SAFETY OF MARITIME NAVIGATION

(SUA Convention)

Scope:

All ships except warships

Criminalisation of offences(prosecution or extradition)

International cooperation andinformation exchange

2005 Protocol extends scope toinclude criminalisation of maritimetransport of terrorists, terrorist actsand unlawful transport of WMD andrelated materials

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UN SECURITY COUNCIL RESOLUTION 1540

Scope:

Weapons of mass destruction

(nuclear, biological, chemical)

States to prohibit non-State actors fromacquiring such weapons through:

• adoption of laws

• enforcement measures

• domestic controls

Establishes the 1540 Committee tomonitor implementation of theresolution

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International legal framework on nuclear security

is supported by a number of international

initiatives

(listed in chronological order)

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Nuclear Threat Initiative

• Non-profit organization working to reduce the global threats fromWMD – established in January 2001

• NTI contributes to the 2004 Global Threat Reduction Initiative(GTRI) – by DOE (NNSA)

• Repatriation to the US of RR spent fuel from, inter alia,Argentina, Austria, Australia, Germany, Greece, Italy, Japan,Netherlands, Portugal, Romania, Slovenia and Sweden

• Repatriation to Russia of RR spent fuel from, inter alia,Bulgaria, Czech Republic, Hungary, Latvia, Libya, Poland,Romania, Uzbekistan, Vietnam and, most recently, completedSerbia

THE INTERNATIONAL INITIATIVES

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THE INTERNATIONAL INITIATIVES

Four elements:

1. Needs assessment, information collationand analysis

2. Contributing to the enhancement of aGlobal Nuclear Security Framework

3. Providing Nuclear Security Services

4. Risk Reduction and SecurityImprovement

Activities include:

• Promoting adherence to international legalinstruments and their implementation

• Developing nuclear securityrecommendations and guidelines

• Evaluation and advisory services

• Human resource development

IAEA Nuclear Security Plan

First adopted in 2001 by the IAEA Board of

Governors and General Conference

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EU Strategy Against the Spread of Weapons of Mass Destruction

• Established in 2004

• One of the most important initiatives together with the IAEA inimplementing nuclear security enhancements in States(contribution of about 20m Euro)

• Supports the activities of the IAEA‟s Nuclear Security Plan ofActivities

THE INTERNATIONAL INITIATIVES contd.

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THE INTERNATIONAL INITIATIVES contd.

UN Global Counter-Terrorism Strategy

• Adopted in September 2006 by the UN General Assembly

• Measures for States (individually and collectively) to:

• Prevent and combat nuclear terrorism

• Protect human rights and uphold rule of law while counteringnuclear terrorism

• Establishes Counter Terrorism Implementation Task Force (CTITF)to coordinate and strengthen efforts in the UN system

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Global Initiative to Combat Nuclear Terrorism

(GICNT)

• Established in 2006 by the Presidents of the Russian Federationand USA

• Originally 13 GICNT, “Partner Nations” – now more than 80countries

• States to combat nuclear terrorism consistent with national legalauthorities and obligations they have under relevant internationalinstruments notably the ICSANT, the CPPNM and its Amendment,and UNSCR 1540

THE INTERNATIONAL INITIATIVES contd.

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THE INTERNATIONAL INITIATIVES contd.

World Institute for Nuclear Security (WINS)

• Agreement in 2006 by the Nuclear Threat Initiative (NTI) and theInstitute of Nuclear Material Management (INMM), with the supportof the US Department of Energy and in consultation with IAEA

• Is an independent non-profit foundation headquartered in Vienna,Austria

• Is a coordinating and facilitating body for the sharing ofinformation by its members (industry) about nuclear materialsecurity best practices

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THE INTERNATIONAL INITIATIVES contd.

Nuclear Security Summit 2010

• Leaders of 46 nations came together to advance a commonapproach and commitment to nuclear security

• Adopted a political Summit Communiqué, inter alia, reinforcing therole of the IAEA in the nuclear security area and a detailedworkplan on how to implement the Communiqué

• Next Summit in 2012 in Korea

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Problem: duplication and inconsistency

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THE INTERNATIONAL INITIATIVES contd.

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Safety:

• Is the older and more mature of the two regimes (started withChernobyl in 1986)

• Comprehensive suite of legal instruments – althoughcombination of binding and non-binding instruments

• Complemented by a comprehensive set of safety standards

• Creates parameters within which industry needs to operate

ISSUES AND TRENDS

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Regime will now be under scrutiny notably with regard to the

technical contents (design requirements, independence of regulatory

body, analysis of information)

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ISSUES AND TRENDS

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Security:

• Was reinforced only after 9/11

• Multiplicity of instruments and numerous international initiatives(currently 18 international counter terrorism instruments)

• Inter-relationships sometimes unclear

• Causes problems for implementation

• Will now receive additional focus as consequences of safety andsecurity events can be the same

ISSUES AND TRENDS

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All of the international legal instruments are relevant to

you as regulators, operators, industry etc. because

States will transform them into national law

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Covers all areas of nuclear law i.e.nuclear safety, security, safeguardsand liability for nuclear damage

IAEA LEGISLATIVE ASSISTANCE PROGRAMME

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19 Nov. - 3 Dec. 2011, Vienna

Annual intensive training course in all areas of nuclear law and in

drafting national nuclear legislation for up to sixty lawyers

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IAEA LEGISLATIVE ASSISTANCE PROGRAMME

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More information can be found on the website of the IAEA

Office of Legal Affairs

http://ola.iaea.org/OLA/default.asp

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THANK YOU FOR YOUR ATTENTION!