IAEAInternational Atomic Energy Agency

Nuclear Law: Safety and Security

5th World Nuclear University Summer Institute 5 July - 15 August 2009

Oxford University

Wolfram Tonhauser

Head, Nuclear and Treaty Law SectionOffice of Legal Affairs

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“Nuclear law is the body of special legal norms

created to regulate the conduct of legal or natural

persons engaged in activities related to

fissionable materials and ionizing radiation”

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• International legal framework for nuclear safety

• International legal framework for nuclear security

• Points to remember

• Case studies on how the legal framework is applied

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Case Studies

• Purchase of a radioactive source

• Introduction of a nuclear power programme

• Operation of a Research Reactor

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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 nuclearpower plant including storage,handling and treatment facilitiesfor radioactive materials thatare on the same site and aredirectly 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

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

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 50 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 with

transboundary releases

System of national contact

points 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, practical arrangements andmechanisms e.g:

CONVENTIONS ON EARLY NOTIFICATION AND

ASSISTANCE IN THE CASE OF A NUCLEAR ACCIDENT

OR RADIOLOGICAL EMERGENCY

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Scope:

All radioactive materialranging from very low activitymaterial to very high activitymaterial such as spent fueland 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 create

also a legally binding regime

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

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Key points:

Is a non-binding legal instrument

95 political commitments

For the first time, cross-over with nuclearsecurity 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

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NUCLEAR SECURITY

Focus on intentional misuse of nuclear or

other radioactive material by non-State

elements 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 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 nuclear

facilities and 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:

Security of sealed sources

Not nuclear material or

unsealed sources

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INTERNATIOBAL CONVENTION FOR THE SUPPRESSION

OF ACTS OF NUCLEAR TERRORISM

Scope:

All radioactive material, including nuclear material

Same subject matter as the CPPNM and its Amendment

(i.e. physical protection, criminalization of offences and international cooperation)

Refers to relevant IAEA recommendations regarding the physical protection of radioactive material

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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, terroristacts and unlawful transport ofWMD and related materials

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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 of theresolution

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International legal framework on nuclear security

is paired with a number of international initiatives

(listed in chronological order)

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THE INTERNATIONAL INITIATIVES

Three activity areas:

1) Needs assessment, analysis andcoordination;

2) Prevention;

3) Detection and Response.

Activities include:

• Promoting adherence to internationallegal instruments and theirimplementation

• 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 theIAEA in implementing nuclear security enhancements inStates (contribution of about 20m Euro)

• Supports the activities of the IAEA‟s Nuclear SecurityPlan of Activities

THE INTERNATIONAL INITIATIVES contd.

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THE INTERNATIONAL INITIATIVES contd.

UN Global Counter-Terrorism Strategy

• Adopted in September 2006 by the UN GeneralAssembly

• Measures for States (individually and collectively) to:

• Prevent and combat nuclear terrorism

• Protect human rights and uphold rule of law whilecountering nuclear terrorism

• Establishes Counter Terrorism Implementation TaskForce (CTITF) to coordinate and strengthen efforts inthe UN system

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Global Initiative to Combat Nuclear Terrorism

(GICNT)

• Established in 2006 by the Presidents of the RussianFederation and USA

• Originally 13 GICNT, “Partner Nations” – now morethan 70 countries

• States to combat nuclear terrorism consistent withnational legal authorities and obligations they haveunder relevant international instruments notably theICSANT, the CPPNM and its Amendment, and UNSCR1373 and 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 the Institute of Nuclear Material Management(INMM), with the support of the US Department ofEnergy and in consultation with IAEA

• Is an independent non-profit foundation headquarteredin Vienna, Austria

• Is a coordinating and facilitating body for the sharing ofinformation by its members (i.e. nuclear facilitiesoperators) about nuclear material security bestpractices

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Nuclear Threat Initiative

• Non-profit organization working to reduce the globalthreats from WMD

• NTI contributes to the 2004 Global Threat ReductionInitiative (GTRI)

• Repatriation to USA of more 1000 RR spent fuelassemblies in total in 1999- 2006 from Austria,Germany, Greece, Italy, Netherlands, Romania,Slovenia, and Sweden

• Repatriation to Russia of spent fuel from RR inBulgaria, Czech Republic, Hungary, Latvia, Libya,Poland, Romania and Serbia

THE INTERNATIONAL INITIATIVES contd.

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Safety:

Is the older and more mature of the two regimes(started with Chernobyl in 1986)

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

Complemented by a comprehensive set of safetystandards

POINTS TO REMEMBER

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POINTS TO REMEMBER

Security:

Was reinforced only after 9/11

Multiplicity of instruments and numerous international

initiatives (currently 13 international counter terrorism

instruments)

Inter-relationships sometimes unclear

Causes problems for implementation

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Case Studies

• Purchase of a radioactive source

• Introduction of a nuclear power programme

• Operation of a Research Reactor

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PURCHASE OF A RADIOACTIVE SOURCE

SOURCE

PURCHASE

Commercial contract

PACKAGING AND

SHIPMENT

IAEA Transport

Regulations

USE

Code of Conduct

- safety and security

AFTER USE

Joint Convention

At all stages: (Emergency Response Conventions)

NOT: Physical Protection, Nuclear Liability

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INTRODUCTION OF A NUCLEAR POWER

PROGRAMME

NPP

CONSTRUCTION

Convention on

Nuclear Safety

OPERATION

Convention on

Nuclear Safety

DECOMMISSIONING

Joint Convention

At all stages: (Emergency Response Conventions, Physical

Protection, Nuclear Liability)

Full range of international legal instruments

(safety and security)

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RR

CONSTRUCTION

Code of Conduct

OPERATION

Code of Conduct

DECOMMISSIONING

Joint Convention

Code of Conduct

At all stages: (Emergency Response Conventions, Physical

Protection, Nuclear Liability)

OPERATION OF A RESEARCH REACTOR

NOT: Convention on Nuclear Safety

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• IAEA Legislative AssistanceProgramme to assist MemberStates in implementinginternational legal framework

• Covers all areas of nuclear law i.e.nuclear safety, security,safeguards and liability fornuclear damage

IAEA ACTIVITES

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All documents can be found on the website

of the Office of Legal Affairs of the IAEA:

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

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THANK YOU FOR YOUR ATTENTION!