Safeguards for the Future

Safeguards have evolved as a result of new circumstances, institutions, technologies and practices, including cultural phenomena. This chapter examines safeguards from a historical perspective as the product of a political process that resulted in the negotiation of safeguards instruments. In particular, the chapter addresses the IAEA safeguards from the perspective that adaptation of the legal framework for safeguards is necessary and often difficult. Major change will only occur through a political process, not a legal one, involving Member States of the IAEA. The change will be facilitated through the IAEA Secretariat’s role in strengthening safeguards implementation using the power and responsibilities afforded to it; the advancement of technology and techniques as a vital element of this process; and the non-technological aspects of safeguards, particularly the human element.

Nuclear Laws for Peaceful Uses of Nuclear Energy

The development and utilization of nuclear energy is one of the greatest achievements of the 20th century. It has greatly enhanced the ability of humanity to understand and shape the world and had a significant impact on the development of technology and civilization. In the 21st century, the United Nations (UN) has developed the “Millennium Development Goals” and the “2030 Sustainable Development Goals” to promote a comprehensive solution to the world’s social, economic and environmental issues. To this end, nuclear energy offers unique advantages, but the associated risks and challenges of its further development and utilization must be addressed. Nuclear law is a powerful tool for regulating its development and responding to those risks and challenges. The Chinese Government has always developed nuclear energy for peaceful purposes in a safe and innovative way. At the Nuclear Security Summit in 2014, President Xi Jinping proposed adhering to a rational, coordinated and balanced approach to nuclear security and promoting a fair, cooperative and win–win international nuclear security regime. This not only summarizes China’s experience in establishing a nuclear legal framework and developing nuclear industry, but would also strengthen international nuclear governance and promote nuclear energy to better benefit humanity. The international community should fulfil international obligations strictly, implement national responsibilities effectively, and jointly maintain the UN focused international system and international legal order, contributing to the realization of the common goal of “Atoms for Peace and Development”.

The Challenge of Climate Change—Complete Energy Systems Transformation: No Nuclear, No Net Zero

To achieve Net Zero, natural gas, gasoline, diesel, and fuel oils must be replaced with another source. However, most of the current low-carbon energy sources will also need to be replaced as almost none have more than about 25 years remaining of useful life. The pace and scale of the needed change is unprecedented: almost the whole of the world’s primary energy supply must be replaced. The (re)development of the entire energy system is inherently a sovereign risk and it can only be governments who set national energy policy. There is no doubt that markets will continue to play a part in future energy systems, but at the top level, the pace and scale of change to achieve Net Zero is simply far too fast for markets to adapt properly. This chapter is a call to action to the national policy makers and presents this challenge as an opportunity for creating higher-quality jobs and potentially highly attractive and long-dated investment options. The chapter also outlines some risks, including political indecisiveness and policy volatility as potential impediments to making the most of this opportunity and achieving the Net Zero.

The Efficacy of the Global Nuclear Security Legal Regime and States’ Implementation Capacity in Light of the Forthcoming Development of Advanced Nuclear Reactor Technologies

The forthcoming arrival of small modular reactors and other advanced nuclear reactor technologies can be an immensely beneficial development in the world’s collective pursuit of energy security and meeting climate change objectives. The key question is whether or not these new reactor technologies significantly alter the fundamental premises underlying the existing nuclear security legal regime. The Convention on the Physical Protection of Nuclear Material and its Amendment (A/CPPNM) are the only legally binding international instruments governing the physical protection of nuclear materials and nuclear facilities. Together the A/CPPNM and the international guidance on nuclear security comprise the current legal framework for nuclear security. This chapter examines whether the A/CPPNM adequately covers advanced reactor technologies; and whether the States that are interested in acquiring these new reactor technologies have the capacity to effectively implement the associated legal requirements, regulatory standards, and international guidance that comes along with such technologies. The analysis touches upon the role of the International Atomic Energy Agency (IAEA), the IAEA Nuclear Security Guidance, and issues of cybersecurity.

Legal Imputation of Radiation Harm to Radiation Exposure Situations

The doctrine for legal imputation (including the derivative concepts of legal charging, suing, indicting, prosecuting and judging) of detrimental health effects to those responsible for radiation exposure situations has been a matter of debate for many years and its resolution is still unclear. While the attribution of harm in the situations involving high radiation dose is basically straightforward, the challenge arises at medium doses and becomes a real conundrum for the very common situations of exposure to low radiation doses. The ambiguous situation could be construed to be a Damocles sword for the renaissance of endeavours involving occupational and public radiation exposure. This chapter describes the epistemological situation on the attribution of radiation health effects and the inference of radiation risks, relying on estimates from the United Nations Scientific Committee on the Effects of Atomic Radiation (UNSCEAR) reported to the UN General Assembly. It discusses the implications of UNSCEAR’s refined paradigm for assigning legal liability. The chapter concludes with a recommendation to develop an international legal doctrine on the ability to impute detrimental radiation health effects.

Nuclear Law: The Global Debate

The International Atomic Energy Agency (IAEA) plays a unique role in the development and implementation of international nuclear law. This chapter contains a short examination of the regime of nuclear law and its four pillars, namely safety, security, safeguards and civil liability for nuclear damage. It examines how we got to where we are and where we can take the global debate, taking into account current and emerging peaceful applications of nuclear science and technology such as advanced reactors and nuclear fusion. The chapter also contains an invitation to all stakeholders in the global community, including international organizations, non-governmental organizations, industry, academia and civil society, as well as all those that will be responsible for shaping nuclear law in the future, to let the debate and dialogue on nuclear law begin.

Nuclear Newcomer Countries—The Path of the United Arab Emirates

Embarking on nuclear power requires high-level political decisions and commitments, considerable planning efforts, financial investments and commercial considerations, long-term sustainability for safety; as well as international and legal framework for a nuclear power programme. There are numerous challenges surrounding government decisions to introduce nuclear power into the energy mix of a country. This chapter highlights the United Arab Emirates’ (UAE) experience and accomplishments in the development and regulation of its nuclear power programme. In particular, it focuses on the milestones of the UAE path, which might be of interest to nuclear newcomer countries and to a broader international community. This chapter outlines the development of the UAE comprehensive national nuclear law and regulatory framework, which started with the so-called “nuclear policy”. It also includes an overview of a strategy that was developed and set the early path for the UAE peaceful nuclear programme, including timelines for specific targets. The international conventions and UAE’s nuclear cooperation agreements, as well as the cooperation with the IAEA are also mentioned. Particular attention has been paid to the role of the UAE nuclear regulator and its mandate and the development of the UAE regulations and regulatory guides. The licensing of the nuclear power programme, as well as the licensing of other activities and practices involving radiation sources have been also described in the publication. In conclusion, the publication shares some lessons the UAE learnt and on which it will base its efforts towards the continuous enhancement of its legal framework.

Nuclear Liability and Post-Fukushima Developments

The international community has developed a series of conventions on civil liability for nuclear damage, which aim to ensure compensation is available for damage, including transboundary damage, caused by a nuclear incident. Those conventions have struggled to gain universal adherence, and the “global regime” called for in 2011 is at best a patchwork quilt, with a number of treaties with differing memberships, and many States (including States with large and growing nuclear sectors) not party to any convention. However, the principles of the conventions are reflected in national laws in most States which operate nuclear power reactors and associated facilities. This chapter assesses the current global nuclear liability regime and discusses a series of recommendations made by the International Expert Group on Nuclear Liability (INLEX) to allow the international community to respond to the continued evolution of the nuclear industry.

Russian Vision of the Problems and Prospects of the International Legal Framework in the Context of Small Modular Reactors and Transportable Nuclear Power Units

Small modular reactors (SMRs) could be key to providing developing regions with clean and affordable (and cost-effective) electricity. Deployment of SMRs requires a transparent and balanced legal framework that will define the specifics and boundaries of shared responsibility between the host and supplier country, especially in the case of innovative floating SMR projects. Legal experience in nuclear-powered vessels and nuclear installations can be used in the development of regulatory approaches for floating SMRs. This chapter provides an analysis of the applicability of the existing international conventions, including the 1974 International Convention for the Safety of Life at Sea, the IAEA safeguards agreements, and civil liability instruments, to the floating SMRs. In addition, some considerations for the future development of the legal framework for floating SMRs are proposed.

The Humanitarian Atom: The Role of Nuclear Power in Addressing the United Nations Sustainable Development Goals

After decades of mostly rhetoric on climate change, robust and urgent actions must be taken to avoid its worst effects. However, the energy transition discourse reflects an anti-humanitarian philosophy that will undermine any serious efforts of achieving decarbonisation, as well as merely entrenching already-existing global inequalities. The potential of nuclear power for radically reducing greenhouse gas emissions has been well-explored. However, to date, few attempts have been made to fully discern the broader positive impacts nuclear technology can have on achieving sustainable and equitable development. Nuclear science and technology have broad applications and should be placed at the centre of policies aimed at combatting energy poverty, reducing air pollution, providing clean water, addressing food insecurity, or fulfilling any other of the United Nations’ 17 SDGs. This chapter explores the centrality of energy in ensuring sustainable development, a just energy transition, and the importance of nuclear energy, which goes far beyond simply delivering low-carbon electricity.