GENERAL PRINCIPLES OF INTERNATIONAL NUCLEAR LAW

Transcription

1 GENERAL PRINCIPLES OF INTERNATIONAL NUCLEAR LAW World Nuclear University Rio de Janeiro, 6 March 2008 Mr. Sam Emmerechts Legal Affairs Nuclear Energy Agency Organisation for Economic Co-operation operation and Development

2 WHAT IS NUCLEAR LAW? Nuclear law is a complete set of special legal rules created to regulate the conduct of people or companies who are engaged in activities related to fissionable materials and ionising radiation ( nuclear activities ) 1 Nuclear law enables the development of the nuclear energy sector 6 March 2008 World Nuclear University 2

3 WHY DO YOU NEED NUCLEAR LAW? To provide a legal framework for conducting nuclear activities in a manner that adequately protects people, property and the environment 2 Nuclear law aims at the safe and secure use of nuclear energy for peaceful purposes 6 March 2008 World Nuclear University 3

4 WHAT IS GOVERNED BY NUCLEAR LAW? (1) Example Turkey plans to launch a nuclear power program. What legislation do you think should be in place? 6 March 2008 World Nuclear University 4

5 WHAT IS GOVERNED BY NUCLEAR LAW?(2) 3 Nuclear law covers the entire fuel cycle and all types of nuclear activities 6 March 2008 World Nuclear University 5

6 INTERNATIONAL AND DOMESTIC LAW International Law E.g Non-Proliferation Treaty Domestic Law E.g Brazilian Act on Civil Liability for Nuclear Damage 6 March 2008 World Nuclear University 6

7 SOURCES OF INTERNATIONAL NUCLEAR LAW International conventions, treaties and agreements International custom General principles of international law Judicial decisions 4 International law is becoming increasingly important in the nuclear energy sector!!! Increasing impact of international codes of conduct 6 March 2008 World Nuclear University 7

8 WHY DID NUCLEAR LAW EVOLVE? Nuclear law responded to the specific needs of the nuclear energy sector over the last 50 years. 6 March 2008 World Nuclear University 8

9 HOW DID NUCLEAR LAW EVOLVE?(1) 1950s: Creation of international organisations to help nuclear energy to develop Examples: IAEA and OECD/NEA in 1957; UNSCEAR in s: Focus on radiation protection and on liability Examples: IAEA Basic Safety Standards Paris and Vienna Conventions on Nuclear Third Party Liability 6 March 2008 World Nuclear University 9

10 HOW DID NUCLEAR LAW EVOLVE?(2) 1970s: Focus on non-proliferation Examples: Non-Proliferation Treaty Supplier Guidelines Convention on Physical Protection s: 90s: Focus on nuclear safety in reaction to accidents at Three Mile Island 79 and Chernobyl 86 Examples: Conventions on Notification and Emergency Assistance Nuclear Safety Convention Radioactive Waste and Spent Fuel Management Convention Nuclear Liability Conventions (revised) 6 March 2008 World Nuclear University 10

11 HOW DID NUCLEAR LAW EVOLVE?(3) 2000s: Focus on security in reaction to terrorist acts 09/11 Examples: Amendment to Physical Protection Convention Convention on Nuclear Terrorism UN Security Council Resolution 1540 relating to weapons of mass destruction, incl. nuclear ones Codes of Conduct on Radioactive Sources 6 March 2008 World Nuclear University 11

12 WHO ARE THE KEY PLAYERS IN THE INSTITUTIONAL FRAMEWORK OF A DEMOCRATIC STATE? Ministers: Foreign Affairs Home Affairs Economics/Industry Environment Energy Defence Nuclear Regulatory Authority: Safety Radiation Protection Radioactive Waste Management Non-Proliferation/Security Environment Protection Parliament Nuclear operators 6 March 2008 World Nuclear University 12

13 NUCLEAR REGULATORY BODY (1) 5 The regulator is an important instrument enabling governments to ensure respect for nuclear law («nuclear watchdog») Should have effective control over nuclear operators: (i) (ii) Power to grant/refuse licenses Power to inspect facilities to check compliance with rules (iii) Power to take punitive measures if non-compliance 6 March 2008 World Nuclear University 13

14 NUCLEAR REGULATORY BODY (2) Should be independenti Should have adequate financial means and human resources Regulator s s actions should be transparent and there should be a possibility to appeal its decisions 6 March 2008 World Nuclear University 14

15 FIELDS COVERED BY NUCLEAR LAW 1.Radiation Protection 2.Nuclear Safety 3.Radioactive Waste Management 4.International Transport 5.Third Party Liability and Compensation 6.Non-Proliferation/Nuclear Security 7.International Trade 6 March 2008 World Nuclear University 15

16 RADIATION PROTECTION (1) International legal framework to adequately protect people and the environment against radiological hazards 6 March 2008 World Nuclear University 16

17 RADIATION PROTECTION (2) Transboundary Effects: (i) 1986 Convention on Early Notification of a Nuclear Incident (ii) 1986 Convention on Assistance in case of a Nuclear Incident or Radiological Emergency 6 International guidelines are incorporated into national laws and regulations of many States (e.g. ICRP recommendations) 6 March 2008 World Nuclear University 17

18 NUCLEAR SAFETY (1) National Level: Regulatory Body Sets safety standards and enforces them within the legislative framework Nuclear Operator 7 Bears the prime responsibility for the safety of the installation Nuclear facilities must be safe to operate with a very small probability of accidents that is deemed acceptable for nuclear workers, the public and the environment 6 March 2008 World Nuclear University 18

19 NUCLEAR SAFETY (2) International Level: 1994 Nuclear Safety Convention Obligation to establish a legislative/regulatory framework Safety considerations for siting, design, construction and operation of nuclear facilities (not: phase after «permanent removal of all nuclear fuel elements») Obligations to assess and verify safety and to establish emergency plans «Peer review meetings» 6 March 2008 World Nuclear University 19

20 RADIOACTIVE WASTE MANAGEMENT International Level: 1997 RW and SF Management Convention Obligation to establish a legislative/regulatory framework Safety considerations for siting, design, construction and operation of RW/SF storage/disposal facilities (including institutional measures after closure of a disposal facility) Rules for transboundary movement of RW/SF «Peer review meetings» 6 March 2008 World Nuclear University 20

21 INTERNATIONAL TRANSPORT IAEA Transport Regulations provide for safe transport of radioactiv materials by having effective provisions for: (i) (ii) (iii) Specific packaging Operational controls Competent authority controls IAEA Transport Regulations are recommendations that need to be incorporated into national law to become legally binding. 6 March 2008 World Nuclear University 21

22 THIRD PARTY LIABILITY AND COMPENSATION (1) 6 March 2008 World Nuclear University 22

23 THIRD PARTY LIABILITY AND COMPENSATION (2) OECD Auspices 1960 Paris Convention on Third Party Liability 1963 Brussels Supplementary Convention IAEA Auspices 1963 Vienna Convention on Third Party Liability 1988 Joint Protocol 1997 Convention on Supplementary Compensation 6 March 2008 World Nuclear University 23

24 THIRD PARTY LIABILITY AND COMPENSATION (3) 8 Nuclear operator is strictly liable Nuclear operator is exclusively liable Operator must financially secure liability Operator s liability is limited in amount Operator s liability is limited in time Unity of jurisdiction for damage claims The international nuclear liability regime seeks a balance between the interests of victims and the benefits of nuclear energy for the economy 6 March 2008 World Nuclear University 24

25 ADHERENCE TO NUCLEAR LIABILITY CONVENTIONS Party to an International Nuclear Liability Convention E.g. Brazil, Argentina, Mexico Most European countries No Party to an International Nuclear Liability Convention E.g. USA*, Canada China Russian Federation Japan Ukraine India *USA plans to join soon 6 March 2008 World Nuclear University 25

26 NON-PROLIFERATION/NUCLEAR SECURITY (1) Non-proliferation law: IAEA Statute and international agreements obliging States to accept safeguards (e.g Non-Proliferation Treaty, 1967 Tlatelolco Treaty for Prohibition of Nuclear Weapons in Latin America) Safeguard functions: (i) Accountancy measures (ii) Containment measures (iii) Inspections 9 Non-proliferation law aims at restraining activities by States that could lead to the acquisition by other States of nuclear weapons and military use of nuclear energy 6 March 2008 World Nuclear University 26

27 NON-PROLIFERATION/NUCLEAR SECURITY (2) Nuclear security law: International agreements and recommendations obliging States to protect nuclear material and facilities from the risk of theft or o other unauthorised diversion and of sabotage (e.g.1979 Convention on Physical Protection of Nuclear Material and its 2005 Amendment, IAEA Recommendations (INFCIRC/225/Rev.4) 10 Nuclear security law aims at preventing, detecting and responding to efforts by terrorist or criminal groups to acquire or use radioactive materials for malevolent purposes 6 March 2008 World Nuclear University 27

28 INTERNATIONAL TRADE Why Are Nuclear Industrial Activities not Comparable to Other Industry Activities? (i) (ii) (iii) Proliferation Safety of plants and waste Security of energy supply Thus: Can Nuclear Trade be Regulated by General Rules? Yes and no.. General rules can apply but should be supplemented by specific rules 6 March 2008 World Nuclear University 28

29 ENVIRONMENTAL REGULATION Environmental Regulation Affects the Nuclear Sector Examples: Aarhus Convention Espoo Convention and Kiev Protocol Increased Impact of Environmental Regulation Example: Environmental concerns are taken into account through public participation in environmental impact assessments Concept of «Environmental Damage» 6 March 2008 World Nuclear University 29

30 WHY MAY NUCLEAR LAW GAIN IMPORTANCE? 6 March 2008 World Nuclear University 30

31 WHY MAY NUCLEAR LAW GAIN IMPORTANCE? Countries with operating NPPs Countries with operating NPPs & new NPPs under construction Countries with operating NPPs but considering phase-out Countries considering a nuclear power programme Status: June 2007 Source: IAEA

32 RESOURCES FOR NUCLEAR LAW EXAMPLES OF NEA DOCUMENTS 6 March 2008 World Nuclear University 32

33 RESOURCES FOR NUCLEAR LAW EXAMPLES OF IAEA DOCUMENTS 6 March 2008 World Nuclear University 33

34 NUCLEAR LAW - CODES OF CONDUCT 6 March 2008 World Nuclear University 34

35 WEBSITES FOR NUCLEAR LAW OECD/Nuclear Energy Agency website Access to NEA documents, including the Nuclear Law Bulletin International Atomic Energy Agency website Legal materials can be accessed at publications and then international conventions and legal agreements 6 March 2008 World Nuclear University 35

36 ABBREVIATIONS FISSIONABLE MATERIAL: Material that can undergo nuclear fission when bombarded by a high-energy neutron IAEA: International Atomic Energy Agency ICRP: International Commission on Radiological Protection INRA: International Nuclear Regulators Association IONISING RADIATION: Process whereby energetic particles or waves are emitted that have the potential to ionize an atom or molecule, that is, to remove an electron from the atom or molecule NPT: Non-Proliferation Treaty OECD/NEA: Nuclear Energy Agency of the Organisation for Cooperation and Development 6 March 2008 World Nuclear University 36

37 ABBREVIATIONS RW: Radioactive waste SF: Spent fuel UNSCEAR: United Nations Scientific Committee on the Effects of Atomic Radiation WENRA: Western European Nuclear Regulators Association 6 March 2008 World Nuclear University 37