MENB453

Topic 1:
Nuclear Policy
 INTRODUCTION (1)

Nuclear law relates to the peaceful uses of nuclear energy.

Provides a legal framework for conducting nuclear activities
which adequately protects individuals, property and the
environment.
Nuclear energy poses special risks to the health and safety
of persons and to the environment, risks that must be
carefully managed. (Protective aspects of law)
Nuclear Energy also provides significant benefits.
(Promotional aspects of law)
It is dual focussed, both on risks and benefits.
Protective side, nuclear law has two distinct aspects:
= Provide protection against radiation hazards
= Prevention of non-peaceful uses (safeguards system).
 INTRODUCTION (2)

The nuclear industry is highly regulated. The laws and

regulations are often complex and overlapping, involving
several government ministries, departments, and/or
agencies.
In many countries, individual states, provinces, and/or
regional governments may also be involved in the
regulatory process.
The laws and regulations typically provide licensing of
various aspects of the nuclear industry; government
oversight; setting of standards (both technical and
environmental); and protection of human health from
radiological (and other) hazards.
 Evolution of nuclear law (1):

1950s: Focus on creation of international nuclear

institutions IAEA 1957; NEA 1957
1960s: Focus on radiation protection and civil liability
IAEA basic safety standards; Paris/Vienna Conventions
1970s: Focus on non-proliferation and physical protection
NPT, CPPNM (Convention on Physical Protection of
Nuclear Materials)
1980s/1990s:
Focus on safety in reaction to TMI and Chernobyl
Conventions on Emergency Assistance,
Early Notification, CNS, Joint Convention
 Evolution of nuclear law (2)

2000s:
Focus on security in reaction to 9/11 and other terrorist
acts, and moves towards international harmonisation
Revision of CPPNM,
Convention on Nuclear Terrorism,
IAEA Revised Reactor Safety Levels.
 Characteristics of Nuclear Law(1)
1Safety Principle (Prevention, Protection, and
Precautionary Principles)
==Safety is the primary requisite
Prevention principle: Exercise of caution and foresight
so as to prevent damage
Protection: Priority must be given to protecting public
health, safety, security and the environment.
2Security Principle.
Legal measures are required to protect and account for
the types and quantities of nuclear material that may
pose security risks
 Characteristics of Nuclear Law(2)
3Responsibility Principle.
The operator or licensee should ensure that its activities meet
the applicable safety, security and environmental protection
requirements.
4Permission Principle.
As special risks are associated with nuclear technology,
nuclear law normally requires that prior permission be
obtained for nuclear related activities.
Various terms have been used for such permission(s) .
Such an authorization to conduct a nuclear related activity can
have practical and legal implications for third parties.
For example, the rights of persons living in the vicinity of a
proposed nuclear power plant could be affected, adversely or
positively.
 Characteristics of Nuclear Law(3)

5Continuous Control Principle.

The national nuclear legislation must provide for free
access by regulatory inspectors to all premises where
nuclear material is being used and stored.
6Compensation Principle.
Nuclear energy poses the risk of major damage to
persons, property and the environment.
Preventive measures cannot completely exclude the
potential for such damage, thus nuclear law requires
that States adopt measures to provide adequate
compensation in the event of a nuclear accident
 Characteristics of Nuclear Law(4)

7Sustainable Development Principle.

Economic and social development can be sustainable only
if the worlds environment is protected from degradation.
Particularly as some fissile material and sources of ionizing
radiation can pose health, safety and environmental risks
for very long periods of time.
The very long lived character of these materials has made
it difficult to determine which current measures are
necessary in order to protect generations adequately in the
very remote and unpredictable future.
The current generation should do whatever is possible for
long term safety, but without foreclosing options for
future generations and without relying unduly on long
term forecasts, which are unlikely to be accurate over the
extended timescales involved.
 Characteristics of Nuclear Law(5)

8Compliance Principle.
Nuclear energy could involve particular risks of
radiological contamination transcending national
boundaries.
Adherence to international law essential to take care of
damage & liability obligations in other states.
Compliance with international obligations may require
additional legislative action.
 Characteristics of Nuclear Law(6)

9Independence Principle
Nuclear law places particular emphasis on the
establishment of a regulatory authority, whose decisions
on safety issues are not subject to interference from
entities involved in the development or promotion of
nuclear energy.
Given the significant risks associated with nuclear
technology, other interests must defer to the regulators
independent and expert judgement when safety is
involved.
 Characteristics of Nuclear Law(7)

10Transparency Principle.
Civil nuclear has emerged from defence hence
particular need for transparency.
The transparency principle requires that all bodies
involved in nuclear energy make available all relevant
information concerning how nuclear energy is being
used, particularly concerning incidents and abnormal
occurrences that could have an impact on public health,
safety and the environment
 Characteristics of Nuclear Law(8)
11International Cooperation Principle.
Operators & regulators need to maintain close
relationships with other States & international
organizations.
1) Trans-boundary impacts requires harmonized policies
2) Share lessons learned to improve safety, security
3) A large number of international legal instruments have
been promulgated to codify the obligations of States in the
nuclear field. Local laws need to be in harmony.
4) Increasingly multinational character of the nuclear
industry, with frequent movements of nuclear material and
equipment across national borders, makes effective control
dependent on parallel and joint approaches by both public
and private entities
11International Cooperation Principle (cont.)
Need for the users of nuclear techniques and the regulators
of nuclear activities to maintain close relationships with
counterparts in other States and in relevant international
organizations.

The international dimension of nuclear energy is based on

several factors:
First, in the area of safety and the environment, the
potential for trans-boundary impacts requires governments
to harmonize policies and develop co-operative
programmes so as to reduce the risks of damage to their
citizens and territories, the global population and indeed to
the planet as a whole.
11International Cooperation Principle (cont.)
Also, lessons learned in one State about how to enhance
safety can be highly relevant to improving the situation in
other States. It is vital to achieving improvements in the
safety of nuclear activities and facilities worldwide that such
lessons be promptly and widely shared.

Second, the use of nuclear material involves security risks

that do not respect national borders.

Third, a large number of international legal instruments have

been promulgated to codify the obligations of States in the
nuclear field. Not only must governments comply in good
faith with those obligations, but the terms of those
instruments may limit the discretion of legislators in framing
national legislation concerning some matters covered by
them.
11International Cooperation Principle (cont.)

Fourth, the increasingly multinational character of the

nuclear industry, with frequent movements of nuclear
material and equipment across national borders, makes
effective control dependent on parallel and joint
approaches by both public and private entities.

For all these reasons, national nuclear energy legislation

should make adequate provision for encouraging public
bodies and private users of nuclear energy to participate in
relevant international activities in the nuclear field.
 National Legal Hierarchy
Nuclear law is part of a States general legal system
Constitutional level (sets forth basic structure of
government; basic rights and obligations of
persons and legal entities)
Statutory level (generally applicable laws adopted
by the national parliament or legislature)
Regulations, ordinances or decrees (more
detailed technical provisions typically adopted by
specialized technical agencies)
Non-mandatory guidance documents
 FUNDAMENTALS OF NUCLEAR LAW

Objectives and scope of law must be clearly

stated
The law must be consistent with a States
national legal and political traditions, institutions,
economic circumstances, level of technological
development and cultural values
The law should implement the States obligations
under relevant international instruments to which
it is a party
The law should reflect international best practice
and a harmonized approach vis--vis other states
and relevant international organizations
 THE THREE ASPECTS OF NUCLEAR LAW:
SAFETY, SECURITY AND SAFEGUARDS
SAFETY
FOCUS : UNINTENDED CONDITIONS/EVENTS LEADING TO
RADIOLOGICAL RELEASES FROM AUTHORIZED ACTIVITIES
RESPONSE : ENGINEERED PROTECTIONS, SAFETY MANAGEMENT
AND REGULATORY OVERSIGHT
SECURITY
FOCUS : INTENTIONAL MISUSE OF NUCLEAR OR OTHER
RADIOACTIVE MATERIALS BY NON-STATE ELEMENTS
RESPONSE : PHYSICAL PROTECTION, INTELLIGENCE GATHERING
AND LAW ENFORCEMENT
SAFEGUARDS/NON-PROLIFERATION
FOCUS : RESTRAINING ACTIVITIES BY STATES THAT COULD LEAD
TO ACQUISITION OF NUCLEAR WEAPONS
RESPONSE : INTERNATIONAL LEGAL COMMITMENTS,
TECHNOLOGY TRANSFER CONTROLS AND SAFEGUARDS
VERIFICATION
 SYNERGIES AMONG SAFETY,
SECURITY AND SAFEGUARDS
MEASURES TO ADDRESS ONE SUBJECT CAN
CONTRIBUTE TO ADDRESSING ANOTHER

-- NON-PROLIFERATION EXPORT CONTROLS CAN PREVENT

ACQUISITION OF MATERIALS BY TERRORISTS
-- DEFENSE-IN-DEPTH SAFETY MEASURES (LIKE REACTOR
CONTAINMENT) CAN CONTRIBUTE TO SECURITY
-- PHYSICAL PROTECTION MEASURES FOR SECURITY CAN
CONTRIBUTE TO SAFETY

NATIONAL NUCLEAR LAWS SHOULD RECOGNIZE AND

FOSTER THESE SYNERGIES
 TWO DIMENSIONS OF NUCLEAR POWER:
PROMOTION AND REGULATION
A SUCCESSFUL NATIONAL NUCLEAR POWER PROGRAM
REQUIRES SOUND LEGAL ARRANGEMENTS FOR BOTH
PROMOTION/DEVELOPMENT AND FOR REGULATION
THESE TWO DIMENSIONS ARE CLOSELY RELATED, BUT
INVOLVE SEPARATE ISSUES
PROMOTION FOCUSES MORE ON ECONOMIC AND
COMMERCIAL CONSIDERATIONS AND NATIONAL
ENERGY POLICY
REGULATION FOCUSES ON PROTECTING THE PUBLIC
HEALTH, SAFETY, SECURITY AND ENVIRONMENT
LEGAL PROVISIONS DEALING WITH THE TWO
DIMENSIONS CAN BE INCLUDED IN A SINGLE, UNIFIED
LAW OR IN SEPARATE LAWS
 LEGAL FRAMEWORK FOR
PROMOTION/DEVELOPMENT (1)
IMPORTANT ELEMENTS PERTAINING TO DEVELOPMENT OF
NUCLEAR POWER THAT SHOULD BE COVERED IN NATIONAL
LAW INCLUDE:
COMMITMENT TO USE NUCLEAR ENERGY FOR PEACEFUL
PURPOSES ONLY
RELATION OF NUCLEAR POWER TO THE NATIONAL ENERGY
POLICY/STRATEGY
DESIGNATION OF A BODY OR BODIES RESPONSIBLE FOR
PROMOTION/DEVELOPMENT
BASIC FUEL CYCLE OPTIONSRECYCLE VERSUS ONCE
THROUGH; OWNERSHIP OF NUCLEAR MATERIAL
WASTE MANAGEMENT AND DECOMMISSIONING STRATEGIES
FINANCIAL AND COMMERCIAL ASPECTS, INCLUDING:
TAXATION; ELECTRICITY RATE-SETTING; INTELLECTUAL
PROPERTY RIGHTS; FINANCIAL QUALIFICATIONS FOR
DEVELOPERS/OPERATORS
 LEGAL FRAMEWORK FOR
PROMOTION/DEVELOPMENT(2)
MEASURES FOR CIVIL LIABILITY IN THE CASE OF
NUCLEAR DAMAGE
DEFINING ROLE OF GOVERNMENTAL VERSUS PRIVATE
ENTITIES
DEFINING ROLE OF FOREIGN ENTITIES/SUPPLIERS
DEFINING ROLES OF NATIONAL, REGIONAL AND LOCAL
GOVERNMENTAL BODIES, OTHER STAKEHOLDERS AND
THE PUBLIC
MEASURES FOR ENSURING NEEDED HUMAN AND
TECHNICAL RESOURCES (EDUCATION, TRAINING,
PROCUREMENT)
MEASURES TO PROTECT CONFIDENTIAL SECURITY-
RELATED OR COMMERCIAL INFORMATION
LEGAL FRAMEWORK FOR REGULATION (1)

DESIGNATION OF AN INDEPENDENT REGULATORY BODY WITH

CLEAR AUTHORITY AND ADEQUATE HUMAN AND FINANCIAL
RESOURCES
CLEAR ASSIGNMENT OF CORE REGULATORY FUNCTIONS
(STANDARD-SETTING; LICENSING; INSPECTION;
ENFORCEMENT; PUBLIC INFORMATION)
AUTHORIZATION OF REGULATORY BODY TO ESTABLISH
ADVISORY BODIES AND OBTAIN TECHNICAL SUPPORT
RELATIONS OF REGULATORY BODY WITH OTHER
RESPONSIBLE BODIES CLEARLY DEFINED
RIGHTS AND RESPONSIBILITIES OF LICENSEES CLEARLY
DEFINED
PROVISIONS TO IMPLEMENT INTERNATIONAL OBLIGATIONS
LEGAL FRAMEWORK FOR REGULATION (2)

DEFINITIONS CONSISTENT WITH INTERNATIONAL USAGE

ATTENTION TO THREE KEY SUBJECTSSAFETY, SECURITY
AND SAFEGUARDS
PROVISIONS ON PARTICIPATION IN REGULATORY PROCESS BY
RELEVANT STAKEHOLDERS (LICENSEES, SUPPLIERS,
INTEREST GROUPS, PRESS AND MEDIA AND PUBLIC, OTHER
NATIONS)
AUTHORIZATION TO MAKE RELEVANT INFORMATION
AVAILABLE TO THE PUBLIC IN A TIMELY MANNER
AUTHORIZATION TO PROTECT CLASSIFIED OR CONFIDENTIAL
INFORMATION
AUTHORIZATION TO ENGAGE IN INTERNATIONAL
COOPERATION
MEASURES FOR IMPLEMENTATION OF IAEA SAFEGUARDS
 KEY INTERNATIONAL INSTRUMENTS
RELATING TO NUCLEAR POWER

CONVENTION ON NUCLEAR SAFETY

CONVENTION ON EARLY NOTIFICATION OF A
NUCLEAR ACCIDENT
CONVENTION ON ASSISTANCE IN CASE OF A
NUCLEAR ACCIDENT
JOINT CONVENTION ON THE SAFETY OF SPENT
FUEL AND RADIOACTIVE WASTE MANAGEMENT
CONVENTION ON THE PHYSICAL PROTECTION
OF NUCLEAR MATERIAL AND AMENDMENT
NUCLEAR NON-PROLIFERATION TREATY (NPT)
 CONVENTION ON NUCLEAR SAFETY:
BASIC CHARACTER AND STATUS

NEGOTIATED IN 1994; IN FORCE SINCE 1997

ALL STATES OPERATING NUCLEAR POWER PLANTS
HAVE JOINED THE CNS
NOT A REGULATORY REGIME; NO INSPECTIONS OR
INTERNATIONAL SECRETARIAT
NOT A SANCTIONS REGIME WITH PENALTIES
FOR NON-COMPLIANCE
CONSIDERED AN INCENTIVE CONVENTION
WITH PERIODIC PEER REVIEW MEETINGS
(1ST MEETING 12- 23 APRIL 1999; 2nd MEETING 15-26
APRIL 2002; 3rd MEETING 11-22 APRIL 2005; 4TH MEETING
IN April 2008; 5th MEETING in April 2011))
 CNS BASIC OBLIGATIONS

PREPARE AND MAKE AVAILABLE A NATIONAL REPORT

INCLUDING A SELF- ASSESSMENT OF IMPLEMENTATION
(ART. 5)
SUBJECT THE NATIONAL REPORT TO PEER REVIEW AND
TO ACTIVELY PARTICIPATE AT PERIODIC MEETINGS
(ART. 24.1)
IMPLEMENT CNS UNDER NATIONAL LAW (ART. 4)
ESTABLISH AND MAINTAIN A LEGILSATIVE AND
REGULATORY FRAMEWORK (ART. 7)
ESTABLISH NATIONAL SAFETY REQUIREMENTS AND
REGULATIONS (ART. 7.2.i)
ESTABLISH A SYSTEM OF LICENSING (ART. 7.2.ii)
ESTABLISH A SYSTEM OF REGULATORY INSPECTION
AND ASSESSMENT (ART. 7.2.iii)
ESTABLISH A SYSTEM OF ENFORCEMENT (ART. 7.2.iv)
 CNS PROVISIONS ON THE
REGULATORY BODY

Establish regulatory body with adequate

authority, competence and financial and
human resources (Art. 8.1)
ensure an effective separation between
regulatory functions and those of any
body concerned with promotion or
utilization of nuclear energy (Art. 8.2)
 CNS PROVISIONS ON
GENERAL SAFETY MATTERS
ART. 9PRIME RESPONSIBILITY FOR SAFETY RESTS WITH
LICENCE HOLDER
ART. 10PRIORITY TO SAFETY
ART. 11FINANCIAL AND HUMAN RESOURCES
ART. 12HUMAN FACTORS
ART. 13QUALITY ASSURANCE
ART. 14ASSESSMENT AND VERIFICATION OF
SAFETY
ART. 15RADIATION PROTECTION
ART. 16EMERGENCY PREPAREDNESS
ART. 17SITING
ART. 18DESIGN AND CONSTRUCTION
ART. 19OPERATION
 The CNS Review Process

PHASE 1EACH PARTY PREPARES A NATIONAL REPORT

ON ITS IMPLEMENTATION OF THE CNS
PHASE 2PARTIES REVIEW OTHER NATIONAL REPORTS
PHASE 3PARTIES SUBMIT QUESTIONS AND COMMENTS
THROUGH GROUP COORDINATORS
PHASE 4DISCUSSION OF REPORT AT REVIEW MEETING
WITH RESPONSE TO QUESTIONS OR COMMENTS
PHASE 5ORAL REPORT BY GROUP RAPPORTEURS
PHASE 6CONSENSUS APPROVAL OF SUMMARY
REPORT
 CONVENTION ON THE PHYSICAL
PROTECTION OF NUCLEAR MATERIAL

NEGOTIATED IN THE LATE 1970S

ADOPTED 1979; ENTERED INTO FORCE 1987
PRIMARY FOCUS ORIGINALLY ON MATERIALS IN
INTERNATIONAL COMMERCE
SOME REQUIREMENTS APPLICABLE TO DOMESTIC
MEASURES
TERRORIST INCIDENTS ACCELERATED EFFORTS TO
REVISE CPPNM
CPPNM AMENDMENT AGREED IN 2005 BROADENS
COVERAGE TO INCLUDE SABOTAGE OF FACILITIES
NO REVIEW PROCESS AS UNDER CNS AND JOINT
CONVENTION
 CPPNM: BASIC PROVISIONS

PARTIES TO ENSURE PROTECTION OF INTERNATIONAL

TRANSPORT AT ANNEX I LEVELS
ASSURANCES OF PROTECTION AT ANNEX I LEVELS FOR:
EXPORT, IMPORT, TRANSIT, INTERNATIONAL TRANSPORT
BETWEEN DOMESTIC LOCATIONS
IDENTIFICATION AND ADVANCE NOTICE OF TRANSIT
TRANSFER OF RESPONSIBILITY FOR OBTAINING
ASSURANCES BY MUTUAL AGREEMENT
CENTRAL AUTHORITY AND POINT OF CONTACT TO BE MADE
KNOWN DIRECTLY OR THROUGH IAEA
MAXIMUM FEASIBLE COOPERATION AND ASSISTANCE IN THE
EVENT OF THEFT, ROBBERY OR UNLAWFUL TAKING OF NM
COOPERATION ON DESIGN, MAINTENANCE AND
IMPROVEMENT OF PP SYSTEMS
CONFIDENTIAL INFORMATION PROTECTED
 CPPNM BASIC PROVISIONS (2)

PUNISHABLE OFFENSES FOR RANGE OF ACTS INVOLVING

NUCLEAR MATERIAL
MEASURES FOR STATE JURISDICTION OVER VARIOUS
OFFENSES AND PERSONS
MEASURES TO ENSURE PRESENCE OF ALLEGED OFFENDERS
FOR PROSECUTION
EXTRADITION OR PROSECUTION OF ALLEGED OFFENDERS
REQUIRED WITHOUT DELAY
ARTICLE 7 ACTS DEEMED EXTRADITABLE OFFENSES
GUARANTEE OF FAIR TREATMENT FOR ALLEGED OFFENDERS
GREATEST MEASURE OF ASSISTANCE TO BE PROVIDED IN
CRIMINAL PROCEEDINGS
INFORMATION ON IMPLEMENTING LAWS/REGULATIONS TO BE
PROVIDED
ANNEX I: LEVELS OF PHYSICAL PROTECTION
ANNEX II: CATEGORIZATION OF NUCLEAR MATERIALS
TREATY ON THE NON-PROLIFERATION OF
NUCLEAR WEAPONS (NPT)

SIGNED 1968; ENTERED INTO FORCE 1970

EXTENDED INDEFINITELY IN 1995
OVER 190 PARTIES; MOST WIDELY ADHERED
TO INTERNATIONAL ARMS CONTROL TREATY
FUNDAMENTAL BASIS FOR INTERNATIONAL
NUCLEAR COOPERATION AND ASSISTANCE
REVIEW CONFERENCES EVERY 5 YEARS; NEXT
SCHEDULED REVCON IN 2010
 NPTBasic Provisions

Art I. NWSs not to transfer or assist NNWSs to acquire or develop

weapons/explosive devices
Art II. NNWSs not to receive or acquire nuclear
weapons/explosive devices, directly or indirectly
Art. III. NNWSs agree to IAEA Safeguards; parties
not to provide nuclear material or especially designed equipment
without safeguards
Art. IV. Parties have right to peaceful uses of nuclear energy;
parties to facilitate in fullest possible exchange of technology
Art. V. Peaceful nuclear explosions to be made available (no
longer recognized)
Art. VI. Parties to pursue negotiations on disarmament
Art. VIII. Amendments; review conferences every 5 years
 LIABILITY FOR NUCLEAR DAMAGE:
BASIC CONSIDERATIONS

MULTIPLE ENTITIES INVOLVED IN NUCLEAR POWER

DEVELOPMENT CAN SEVERELY COMPLICATE THE
DETERMINATION OF WHO IS LIABLE FOR DAMAGE
DETERMINING FAULT OR NEGLIGENCE IN CASES OF
NUCLEAR-RELATED DAMAGE CAN BE COMPLEX AND
DIFFICULT
LAWSUITS IN MULTIPLE JURISDICTIONS COULD
FRUSTRATE EQUITABLE COMPENSATION FOR DAMAGE
MAGNITUDE OF POTENTIAL CLAIMS COULD PREVENT
OPERATORS FROM SECURING ADEQUATE INSURANCE
OR FINANCIAL SECURITY
EXTENDED TIME PERIOD BEFORE RADIOLOGICAL
INJURY MAY BECOME MANIFEST CREATES MAJOR
UNCERTAINTIES ABOUT PROVIDING COMPENSATION
DEFINITIONS OF NUCLEAR DAMAGE CAN BE
INCONSISTENT
INTERNATIONAL INSTRUMENTS FOR CIVIL
LIABILITY FOR NUCLEAR DAMAGE

1960 PARIS CONVENTION ON THIRD PARTY LIABILITY IN

THE FIELD OF NUCLEAR ENERGY (AMENDED BY 1964
AND 1982 PROTOCOLS)
1963 BRUSSELS SUPPLEMENTARY CONVENTION
(AMENDED BY 1964 AND 1982 PROTOCOLS)
1963 VIENNA CONVENTION ON CIVIL LIABILITY FOR
NUCLEAR DAMAGE (AMENDED BY 1997 PROTOCOL)
1988 JOINT PROTOCOL RELATING TO THE APPLICATION
OF THE VIENNA AND PARIS CONVENTION
1997CONVENTION ON SUPPLEMENTARY COMPENSATION
FOR NUCLEAR DAMAGE (CSC)
1971 CONVENTION RELATING TO CIVIL LIABILITY IN THE
FIELD OF MARITIME CARRIAGE OF NUCLEAR MATERIAL
 BASIC PRINCIPLES OF
NUCLEAR LIABILITY LAW

OPERATOR OF A NUCLEAR INSTALLATION IS

EXCLUSIVELY LIABLE FOR NUCLEAR DAMAGE
(CHANNELING OF LIABILITY)
STRICT (NO-FAULT) LIABILITY IS IMPOSED ON THE
OPERATOR
EXCLUSIVE JURISDICTION OVER CLAIMS IN THE COURTS
OF A SINGLE COUNTRY
LIMITATION OF LIABILITY IN AMOUNT AND IN TIME
CONSISTENT DEFINITIONS ADOPTED FOR NUCLEAR
DAMAGE, INCLUDING DAMAGE BEYOND PERSONAL
INJURY AND PROPERTY DAMAGE
 FUNDAMENTAL OPTIONS FOR A CIVIL
LIABILITY FRAMEWORK

WHETHER TO ADHERE TO ANY OF THE

INTERNATIONAL CIVIL LIABILITY CONVENTIONS
WHAT AMOUNT WILL BE MADE AVAILABLE
UNDER A NATIONS LAW FOR COMPENSATION
OF NUCLEAR DAMAGE (300 MILLION SDRS
[SPECIAL DRAWING RIGHTS] IS THE MINIMUM
UNDER THE 1997 PROTOCOL AND CSC)
 FUNDAMENTAL OPTIONS FOR CIVIL
LIABILITY FRAMEWORK (2)
THE MECHANISM AND CONTRIBUTION
FORMULA FOR FUNDING POTENTIAL NUCLEAR
LIABILITY CLAIMS (E.G., DEDICATED FUND,
INSURANCE OR A COMBINATION)
HOW TO DEFINE NUCLEAR DAMAGE; IN
PARTICULAR, WITH REGARD TO
ENVIRONMENTAL IMPAIRMENT, PREVENTIVE
MEASURES AND ECONOMIC LOSS
HOW TO ASSIGN JURISDICTION OVER CLAIMS
ADJUDICATION IN DOMESTIC COURTS
 LEGISLATIVE PROCESS FOR
NUCLEAR LAW

Determining the basic form of the law

Assessment of current and future nuclear
programs and plans
Assessment of laws and regulatory
framework
Input from stakeholders
Initial legislative drafting
Legislative consideration
Adoption and promulgation of the law
Measures following adoption of the law
 FUNDAMENTAL ISSUE:
BASIC FORM OF THE LAW

-- A comprehensive or unified form

covers all aspects of nuclear energy in a
State
-- A plural form treats different subject
matter areas in separate laws
-- A key issue is whether to cover both
promotional and regulatory aspects in a
single law
 Assessment of current and future
nuclear programs and plans
Government policy on nuclear development
Current programs
Future plans and schedules
Role of private entities
Role of foreign suppliers & technical assistance
Technical and industrial infrastructure
requirements
Financing requirements
Educational needs for specialists
 ASSESSMENT OF LAWS AND
REGULATORY FRAMEWORK
Comprehensive review and analysis of the status of
laws and regulatory arrangements relevant to
nuclear energy (listed examples are illustrative):
General environmental laws
Economic laws (taxation, liability, fees, monetary
penalties, electricity rate-making, etc.)
Worker health and safety protection
Civil and criminal enforcement
Land use planning
International trade and customs
Scientific research and development (intellectual
property rights)
 Assessment of Laws and
Regulatory Framework: Key Issues
Does current law make clear that public health, safety and
environmental protection are overriding requirements for
nuclear power development?
Does the legal structure contain major gaps or overlaps in
the treatment of nuclear activities?
Have the key terms used in the legislation been given clear
and consistent statutory definitions, set forth in a separate
section?
Are institutional responsibilities for regulating nuclear
activities clear and consistent, avoiding delays, confusion,
bureaucratic conflicts and potential for abuse of authority?
Does the law and regulatory framework comply fully with
the States international obligations and reflect best
practice set forth in relevant guidance documents?
 INPUT FROM STAKEHOLDERS

Legislative development requires a clear perspective on

how new or revised laws or regulatory arrangements could
impact interested persons or institutions (called
stakeholders)
Typical stakeholders include: the regulated industry;
professionals using nuclear techniques or materials;
academic and scientific bodies; government agencies;
press and media; the public; other nations
Involving stakeholders early and at each stage of the
legislative process can avoid problems and improve the
final legislative result
 INITIAL DRAFTING OF THE LAW

All relevant parties should be included

Drafting should focus on basic policy issues
Identify any inconsistencies or ambiguities
needing further drafting
Further comments by stakeholders on a specified
schedule to avoid delay
 LEGISLATIVE CONSIDERATION

Expertise in nuclear technology and law needs to

be available to legislators in considering the draft
law to answer questions and clarify the effects of
the law
Drafters who are not nuclear specialists must
consider the scientific validity and practicability
of suggestions that may be offered to enhance
nuclear safety or radiation protection
 ADOPTION AND PROMULGATION
OF THE LAW
After approval by the National Assembly,
Congress or Parliament, additional formal steps
may be necessary for the law to be adopted
(decree by Head of State, or other procedure)
Normal State practice in publishing the law
should be followed, with consideration of broad
publicity to ensure that potential users of nuclear
energy and the public are informed of new legal
requirements and regulatory arrangements
MEASURES FOLLOWING ADOPTION
OF THE LAW
LEGISLATIVE OVERSIGHT: Continued legislative
involvement in reviewing the practical
implementation of national nuclear law may be
useful
REPORTING: Annual reports by responsible
regulatory bodies are one common mechanism
for keeping legislative bodies up-to-date
 KEY GUIDANCE DOCUMENTS RELEVANT
FOR NUCLEAR POWER (1)

THE FOLLOWING DOCUMENTS CAN ASSIST IN

DRAFTING NUCLEAR LEGISLATION COVERING
ALL THREE FIELDS:
LEGAL AND GOVERNMENTAL
INFRASTRUCTURE FOR NUCLEAR, RADIATION,
RADIOACTIVE WASTE AND TRANSPORT
SAFETY (IAEA DOCUMENT GS-R-1)
HANDBOOK ON NUCLEAR LAW (2003)
(VOLUME II OF HANDBOOK IN PREPARATION,
WILL INCLUDE MODEL LEGISLATIVE TEXTS)
IAEA SAFETY GLOSSARY (FOR DEFINITIONS)
 KEY GUIDANCE DOCUMENTS: SAFETY

PURSUANT TO ART. III.6 OF THE IAEA STATUTE, THE

AGENCY HAS PROMULGATED A BROAD RANGE OF
SAFETY STANDARDS DOCUMENTS THAT CAN ASSIST IN
DRAFTING OF BOTH LEGISLATION AND REGULATIONS.
THE FOLLOWING IS A PARTIAL LISTING OF THE MOST
DIRECTLY RELEVANT FOR NUCLEAR POWER:
SAFETY OF NUCLEAR POWER PLANTS: DESIGN
REQUIREMENTS DOCUMENT NO. NS-R-1 (2000)
SAFETY OF NUCLEAR POWER PLANTS: OPERATION
REQUIREMENTS DOCUMENT NO. NS-R-2 (2000)
SITE EVALUATION FOR NUCLEAR INSTALLATIONS
REQUIREMENTS DOCUMENT NO. NS-R-3 (2003)
 KEY GUIDANCE DOCUMENTS: SAFETY (2)

PREPAREDNESS AND RESPONSE FOR A NUCLEAR OR

RADIOLOGICAL EMERGENCYREQUIREMENTS DOCUMENT NO.
GS-R-2 (2002)
THE MANAGEMENT SYSTEM FOR FACILITIES AND ACTIVITIES
REQUIREMENTS DOCUMENT NO. GS-R-3 (2006)
THE SAFETY OF NUCLEAR INSTALLATIONSSAFETY SERIES
NO. 110 (1993) [IN PROCESS OF REVISION]
INTERNATIONAL BASIC SAFETY STANDARDS FOR PROTECTION
AGAINST IONIZING RADIATION AND FOR THE SAFETY OF
RADIATION SOURCESSAFETY SERIES NO. 115 (1996)
RADIATION PROTECTION AND THE SAFETY OF RADIATION
SERVICESSAFETY SERIES NO. 120 (1993) [IN PROCESS OF
REVISION]
KEY GUIDANCE DOCUMENTS: SAFETY (3)

NEAR SURFACE DISPOSAL OF RADIOACTIVE WASTE

REQUIREMENTS DOCUMENT NO. WS-R-1 (1999)
PREDISPOSAL MANAGEMENT OF RADIOACTIVE WASTE
INCLUDING DECOMMISSIONINGREQUIREMENTS
DOCUMENT NO. WS-R-2 (2000)
REMEDIATION OF AREAS CONTAMINATED BY PAST
ACTIVITIES AND ACCIDENTSREQUIREMENTS
DOCUMENT NO. WS-R-3 (2003)
GEOLOGICAL DISPOSAL OF RADIOACTIVE WASTE
REQUIREMENTS DOCUMENT NO. WS-R-4 (2006)
 KEY GUIDANCE DOCUMENTS: SECURITY

UNLIKE THE AREA OF SAFETY, THE IAEA STATUTE DOES

NOT EXPLICITLY DIRECT THE AGENCY TO DEVELOP
STANDARDS FOR SECURITY. HOWEVER, RECENT
BOARD OF GOVERNORS DECISIONS HAVE MANDATED
THE DEVELOPMENT OF SECURITY GUIDANCE, A
PROCESS CURRENTLY UNDER WAY. THE FOLLOWING
DOCUMENT OF LONG STANDING PROVIDES IMPORTANT
GUIDANCE:

THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL

AND FACILITIESIAEA DOCUMENT INFCIRC/225/REV. 4
(CORRECTED) (1999)
 KEY DOCUMENTS: SAFEGUARDS

THE FOLLOWING TWO DOCUMENTS HAVE A

STATUS DIFFERENT THAN OTHER SO-CALLED
GUIDANCE DOCUMENTS BECAUSE THEY
IMPLEMENT LEGAL OBLIGATIONS UNDER
ARTICLE III OF THE NPT.

COMPREHENSIVE NPT SAFEGUARDS

AGREEMENT (INFCIRC/153)
MODEL ADDITIONAL PROTOCOL FOR
SAFEGUARDS (INFCIRC/540)
 Nuclear safety culture vs. Nuclear security
culture

Nuclear safety culture is defined as the core values and

behaviors resulting from a collective commitment by leaders
and individuals to emphasize safety over competing goals to
ensure protection of people and the environment.

Nuclear security culture is defined as the assembly of

characteristics, attitudes and behavior of individuals,
organizations and institutions which serves as a means to
support and enhance nuclear security. An appropriate
nuclear security culture aims to ensure that the
implementation of nuclear security measures receives the
attention warranted by their significance.