2374-34

Joint ICTP-IAEA School of Nuclear Energy Management

Wolfram Tonhauser

5 - 23 November 2012

IAEA Nuclear and Treaty Law Section

Office of Legal Affairs Vienna

AUSTRIA

Introduction to Nuclear Law - International Instruments

IAEAInternational Atomic Energy Agency

Introduction to Nuclear Law -International Instruments

Nuclear Law Institute21 November 2011

Vienna

Wolfram TonhauserHead, Nuclear and Treaty Law Section

Office of Legal Affairs

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“Nuclear law is the body of special legal normscreated to regulate the conduct of legal or natural

persons engaged in activities related to fissionable materials and ionizing radiation ”

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International Iegal framework

National law

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Safety Security

Safeguards

Liability

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Aims to protect individuals, society and the environment from radiological releases

Nuclear Safety

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Seven international instruments to remember

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CONVENTION ON NUCLEAR SAFETY

Scope:

Safety of nuclear installations=

“any land-based civil nuclearpower plant including storage,handling and treatment facilitiesthat are on the same site anddirectly related to the operationof the nuclear power plant”

Does not apply to researchreactors

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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 Fukushima

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 millingwastes

Not spent fuel held atreprocessing facilities as part ofa reprocessing activity

Not NORM material which isoutside the nuclear fuel cycle

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Key points:

Only 60 parties although relevant to all states (with orwithout 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 nuclearaccidents which have resulted ormay result in a transboundaryrelease that could be ofradiological safety significancefor another State

System of national contactpoints for information exchange

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Key points:

So-called post-Chernobyl conventions

Global regime with more than 100 parties

CONVENTIONS ON EARLY NOTIFICATION AND ASSISTANCE IN THE CASE OF A NUCLEAR ACCIDENT OR RADIOLOGICAL EMERGENCY

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Complemented by:• Bilateral agreements between neighbouring States• A number of safety standards; and practical arrangements and

mechanisms:

CONVENTIONS ON EARLY NOTIFICATION AND ASSISTANCE IN THE CASE OF A NUCLEAR ACCIDENT OR RADIOLOGICAL EMERGENCY

ENATOM RANET JPLAN

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Scope:

All radioactive material rangingfrom very low activity materialto very high activity materialsuch as spent fuel and high-level waste

World-wide transport ofradioactive material by allmodes of transport, i.e. air, sea,land

IAEA REGULATIONS FOR THE SAFE TRANSPORT OF RADIOACTIVE MATERIAL

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Key point:

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

This is necessary to facilitate the movement of radioactivematerial across borders

IAEA REGULATIONS FOR THE SAFE TRANSPORT OF RADIOACTIVE MATERIAL

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= incorporate the principles of the IAEATransport Regulations

IMDG Code

By Sea

IATADangerous Goods

Manual

Annex 18 tothe ChicagoConvention

By Air

MERCOSUR/MERCOSULAgreement

ADRAgreement

By Road

RID

By Rail

ADN

ADNR

By InlandWaterways

Universal PostalConvention

By Post

Overview

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CODE OF CODUCT ON THE SAFETY AND SECURITY OF RADIOACTIVE SOURCES

Scope:

‘High risk’ sealed radioactivesources (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 just over 100 political commitments

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

No peer review process but regular meetings

CODE OF CODUCT OF THE SAFETY AND SECURITY OF RADIOACTIVE SOURCES

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Scope:

Safety of “research reactors”=

nuclear reactors used mainly forthe generation and utilization ofneutron flux and ionisingradiation for research and otherpurposes

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

No political commitment foreseen under this Code

No peer review process but regular meetings

Lacks security provisions

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Safety:

Regime started with Chernobyl in 1986

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

Complemented by a comprehensive set of safetystandards

Common element of all of these instruments is theestablishment of a system of control of nuclear activities

Regime now under scrutiny notably regarding its technicalcontents (design requirements, independence ofregulatory body, analysis of information)

POINTS TO REMEMBER

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Aims to p rotect radioactive and nuclear materialand facilities from malicious acts by non-Stateactors

Nuclear Security

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Seven international instruments to remember

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CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL

Scope: (threefold)

Physical protection ofnuclear material duringinternational transport

Criminalisation of offences(prosecution or extradition)

International co-operationand information exchange

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THE AMENDMENT TO THE CPPNM

Scope (extended):

Physical Protection of nuclearfacilities and of nuclear materialin domestic use, storage andtransport

New offences relating to nuclearsmuggling/illicit trafficking andsabotage

Expanded co-operation amongStates regarding stolen orsmuggled nuclear material,sabotage, and related offences

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CODE OF CONDUCT ON THE SAFETY AND SECURITY OF RADIOACTIVE SOURCES

Scope:

Applies to security of sealedsources

Nuclear material or unsealedsources are not covered

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INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF ACTS OF NUCLEAR TERRORISM

Scope:

All radioactive material,including nuclear material

Same subject matter as theCPPNM and its Amendment (i.e.physical protection,criminalization of offences andinternational cooperation)

Refers to relevant IAEArecommendations regarding thephysical protection ofradioactive material

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IMO SUA CONVENTION AND PROTOCOLS

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Scope:

All ships except warships

Criminalisation of offences (prosecution orextradition)

International cooperation and informationexchange

The 2005 Protocols (eif in 2010) extend scope toinclude criminalisation of maritime transport ofterrorists, terrorist acts and unlawful transportof WMD and related materials

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ICAO SUA CONVENTION AND PROTOCOL

Scope:

Civil aircraft

Criminalisation of offences(prosecution or extradition)

International cooperation andinformation exchange

Beijing 2010 Conference extendscope of Convention and Protocol toinclude criminalisation of unlawfultransport of WMDs and radioactivematerial, use of civil aircraft todischarge WMDs and use of WMDs toattack civil aircraft

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UN SECURITY COUNCIL RESOLUTION 1540

Scope:

Weapons of mass destruction (nuclear, biological, chemical)

States to prohibit non-Stateactors from acquiring suchweapons through:

• adoption of laws• enforcement measures• domestic controls

Establishes the 1540 Committeeto monitor implementation ofthe resolution

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POINTS TO REMEMBER

Security:

• Was reinforced after 9/11

• Multiplicity of instruments and numerous internationalinitiatives (currently 18 international counter terrorisminstruments)

• The common thread for the majority of theseinstruments is the threefold scope of application:subject matter; criminalization and internationalcooperation

• International legal framework on nuclear security issupported by a number of international initiatives

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Three international instruments to remember

Safeguards

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Nuclear Liability

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PRINCIPLESPRINCIPLESPRINCIPLESPRINCIPLES

OECD/NEAREGIONAL

IAEAGLOBAL

1960 Paris Convention 1963 Vienna Convention

1963 BrusselsSupplementary Convention

1997 Protocol to amend theVienna Convention

2004 Protocols revisingthe Paris and Brussels Conventions

1997 Convention on Supplementary Compensation

1988 Joint Protocol

International Instruments

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Nuclear Liability

Principles

1.CHANNELING OF

LIABILITY 2.ABSOLUTE LIABILITY

3.MINIMUM AMOUNT

4.LIABILITY

LIMITED IN TIME

5.MANDATORYFINANCIALCOVERAGE

6.CHANNELING OF

JURISDICTION

7.NON-

DISCRIMINATION

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Liability:

• The liability regime was created with the dual objective of assuring adequate compensation for victims and facilitating nuclear energy development

• The international instruments are relevant for bothnuclear power and non-nuclear power countries

• 1997 CSC provides the basis for a global nuclearliability regime but not yet in force

POINTS TO REMEMBER

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All of these international legal instruments are relevant as States will transform them into

national law

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All texts can be found via the website of the Office of Legal Affairs

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

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THANK YOU FOR YOUR ATTENTION!