International Atomic Energy Agency Course Objectives, Overview and Introduction Interregional Training Course on Technical Requirements to Fulfil National.

International Atomic Energy Agency

Course Objectives, Overview and Introduction

Interregional Training Course on Technical Requirements to Fulfil National Obligations in Terms of International Legal Instruments

(Joint Convention, Code of Conduct and EU Directives) for the Safe Management of DSRS

Tunis, Tunisia16 - 20 February 2015

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Contents

• Course objectives

• Overview

• Introduction to international legal instruments

• International safety standards

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Course Objective

Provide:• an understanding of the international legal

instruments (Joint Convention, Code of Conduct and European Union [EU] Directives) relevant to the management of disused sealed radioactive sources (DSRS);

• an understanding of the technical requirements for fulfilling national obligations in terms of international legal instruments for the safe management of DSRS;

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Course Objective

Provide:• insight into a number of national programmes,

processes and experiences in meeting national obligations for management of DSRS under the Joint Convention, Code of Conduct and EU Directives; and

• knowledge required to set favourable conditions for safe, long term management of DSRS, including when they are declared as radioactive waste (RW)

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Overview

• Presentations on the international legal instruments

• Presentations of country experience with meeting obligations of international legal instruments

• Structured discussions on meeting obligations of international legal instruments

• Country self assessment• Examination and course evaluation

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The nature of international legal instruments

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International Legal instruments

• Treaties• Agreements• Conventions• Charters• Protocols

• Declarations• Memoranda of

Understanding• Exchanges of Notes• Codes of Conduct

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International Legal instruments

• Binding

• Non-binding

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Binding instruments: Treaties

• “Treaty” is a generic term embracing all consensual instruments which are binding under international law

• The 1969 Vienna Convention on the Law of Treaties defines a treaty as “an international agreement concluded between States in written form and governed by international law ... whatever its particular designation’’

• Bilateral or multilateral treaties

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Designation of Multilateral Treaties

• Treaty (e.g. NPT) • Convention (e.g. most IAEA multilateral

treaties: 1963 Vienna Convention, CSC, Early Notification and Assistance Conventions, CNS, Joint Convention, CPPNM)

• Agreement (e.g. IAEA TC multilateral treaties: RCA, AFRA, ARCAL, ARASIA)

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Designation of Multilateral Treaties (cont.)

• Protocol - often designates treaties that are supplementary to others such as • Treaties amending previous treaties (e.g.1997

Protocol to Amend the Vienna Convention), or • Treaties relating to the application of previous

treaties (e.g. 1988 Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention)

• Charter, Statute or Constitution often designate treaties that constitute international organizations (e.g. UN Charter, IAEA Statute, WHO Constitution)

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Conclusion of Multilateral Treaties

Formal Process: • Negotiation (usually within a series of meetings

convened by an international organization or by a State or group of States)

• Adoption of the text (usually by a formal diplomatic conference or by a high-level organ of an international organization)

• Signature(treaties are often open for signature until they enter into force)

• Consent to be bound (usually through an instrument of ratification or accession)

• Entry into force (usually after a certain number of States have consented to be bound)

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Designation of Non-Binding Instruments at Multilateral Level

• Declarations (e.g. 1992 Rio Declaration)• Memoranda of understandings (usually

non- binding, and often bilateral or including only few States)

• Codes of conduct

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Adoption of Non-Binding Instruments at Multilateral Level

• Less formal process than for multilateral treaties: • usually not involving signature • no need for instruments manifesting consent

to be bound • no entry into force process

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IAEA Codes of Conduct

• Non-binding international legal instruments that provide guidance for the development and harmonization of national policies, laws, and regulations and set forth desirable attributes

• May be strengthened by informal peer review mechanisms

• May be strengthened through “political commitments”

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IAEA Codes of Conduct

• Safety and Security of Radioactive Sources and Supplementary Guidance • Informal peer review mechanism • “Political commitments”

• Safety of Research reactors• Meetings on application of the CoC• No “political commitments”

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“Political commitments”

• “Urges each State to write to the Director General that it fully supports and endorses the IAEA’s efforts to enhance the safety and security of radioactive sources, is working toward following the guidance contained in the IAEA Code of Conduct on the Safety and Security of Radioactive Sources, and encourages other countries to do the same;

• Recognizes also that the procedure established [...] is an exceptional one, having no legal force and only intended for information, and therefore does not constitute a precedent applicable to other Codes of Conduct of the Agency or of other bodies belonging to the United Nations system”

2003 General Conference Resolution GC(47)/RES/7.B, paras. 4 & 6

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IAEA SAFETY STANDARDS

Safety Guides

recommendations on meeting requirements (“should”)

underlying principles aimed at politicians and regulatory authorities

Safety Fundamentals

Safety Requirementsspecify obligations and responsibilities (“shall”)

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Status of the IAEA Safety Standards

Safety Standards are:• Non binding on Member States, but sometimes

are formally adopted as requirements or used as source material for national legislation or regulatory guidance

• Binding for IAEA’s own activities• Binding on States in relation to operations

assisted by the IAEA or States wishing to enter into project agreements with IAEA

• Binding through international legal instruments

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