Airport Security Conference Vienna, 13 September 2017 Session 1: International Framework and Respective Regulatory Approaches International Legal Framework for Nuclear Security 09:40‐10:20am Anthony Wetherall Senior Research Fellow, Centre for International Law, National University of Singapore
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Airport Security Conference · Increasing no. of terrorism/ hijackings Newbuild; int’l nuclear transports; internationalization (89) Fall of the Berlin wall Non-state actors - Low
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Airport Security Conference Vienna, 13 September 2017
Session 1: International Framework and Respective Regulatory Approaches
International Legal Framework for Nuclear Security09:40‐10:20am
Anthony WetherallSenior Research Fellow, Centre for International Law,
National University of Singapore
Safety Security
Safeguards
Liability
Int’l Legal Frameworks
Defintion of nuclear security
“Nuclear security focuses on the prevention of, detection of and response to, criminal or
intentional unauthorised acts involving or directed at nuclear material, other radioactive material, associated facilities or associated activities.”
Nuclear Security FundamentalsNSS No. 20 (2012)
Some Nuclear Security Roles and Responsibilities
• Responsibility for nuclear security within a State rests entirely with that State
….. it is not a matter of indifference to other States whether and to what extent that responsibility is fulfilled
Role of the IAEA Significant but advisory, on request “watchdog” (Statute & NPT)
IAEA mandatory reviews Non‐mandatory (but de facto) Mandatory
SGs inspections
IAEA binding technical standards
Non‐binding (but quasi) Non‐binding guidance
Review by others such as States
• Rad. sources code• [Art 16 ACPPNM ‐2021 conf.]
• Art. 14 ACPPNM• UNSCR 1540 (2001)
• CNS/ JC peer review• Rad. sources code
eg. NPT Review Conf.(may also touch on nuclear security)Reporting on
national impl.
Compliance & enforcement mechanisms
No Yes
Int’l Legal Frameworks Comparison
• Int’l framework significantly strengthened post 9/11
• Multiplicity of int’l instruments (binding/ non‐binding) and initiatives incld. the high‐levelNuclear Security Summit process (2010‐16 (end))
• Limited mandatory treaty based peer reviews and reporting on national implementation[BUT….]
• IAEA’s first (physical protection) activities in the 70s. Since the mid‐00s, theIAEA has widely accepted and recognised central roles in nuclear security ‐albeit essentially of an advisory nature (as in nuclear safety)
• Non‐binding security guidance and non‐mandatory IAEA peer reviews [BUT….]
Observations and future perspectives
Observations and future perspectives contd.
• The nuclear terrorist threat is a recognised real threat to int’l peace andsecurity
• In the absence of a nuclear security ‘watershed’ event, positive andprogressive developments continue, driven by this evolving threat
• To‐date, the result inclds. increasing levels of int’l coop and assistance and,strengthened national nuclear security regimes etc
• Still, a critical review continues to reveal fundamental constraints andlimitations incld. issues of State sovereignty and national security and,national sensitivities
• Continued calls in different fora for a more robust int’l framework
• The 2021 review conference of the amended CPPNM may provide a limitedopportunity for re‐evaluation
• Even so, in matters of nuclear security there continues to remain a clear linethat many states are not yet willing and able to cross: the role of the IAEA,standards, peer reviews etc
• What is needed to change the mindset, if that is what is indeed required?
Atoms for Peace Speech & Program (53) [export of NPPs & HEU for research reactors]
Evolving nuclear terrorist threat; broad acceptance & recognition of IAEA’s central roles; evolution from physical protection to a broad range of subjects
incd. forensics and cyber-security; high-level political attention (to 16) – nuclear security summit
process; post-summit developments
Evolving terrorist threat; post-9/11 strengthening; new/amendment instruments; strengthened IAEA mandate; new initiatives; rejection of binding standards & mandatory IAEA &