Nuclear Law


Book Description

This open access book traces the journey of nuclear law: its origins, how it has developed, where it is now, and where it is headed. As a discipline, this highly specialized body of law makes it possible for us to benefit from the life-saving applications of nuclear science and technology, including diagnosing cancer as well as avoiding and mitigating the effects of climate change. This book seeks to give readers a glimpse into the future of nuclear law, science and technology. It intends to provoke thought and discussion about how we can maximize the benefits and minimize the risks inherent in nuclear science and technology. This compilation of essays presents a global view in discipline as well as in geography. The book is aimed at representatives of governments -- including regulators, policymakers and lawmakers -- as well representatives of international organizations and the legal and insurance sectors. It will be of interest to all those keen to better understand the role of law in enabling the safe, secure, and peaceful use of nuclear technology around the world. The contributions in this book are written by leading experts, including the IAEA's Director General, and discuss the four branches of nuclear law -- safety, security, safeguards and nuclear liability -- and the interaction of nuclear law with other fields of national and international law.




Amendment to the Convention on the Physical Protection of Nuclear Material


Book Description

The Convention on the Physical Protection of Nuclear Material was signed at Vienna and at New York on 3 March 1980. The Convention is the only international legally binding undertaking in the area of physical protection of nuclear material. It establishes measures related to the prevention, detection and punishment of offenses relating to nuclear material. A Diplomatic Conference in July 2005 was convened to amend the Convention and strengthen its provisions. The amended Convention makes it legally binding for States Parties to protect nuclear facilities and material in peaceful domestic use, storage as well as transport. It also provides for expanded cooperation between and among States regarding rapid measures to locate and recover stolen or smuggled nuclear material, mitigate any radiological consequences of sabotage, and prevent and combat related offences. The amendments will take effect once they have been ratified by two-thirds of the States Parties of the Convention.




The 1988 Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention


Book Description

This publication complements IAEA International Law Series No. 3 and reproduces the explanatory text on the 1988 Joint Protocol Relating to the Application of the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third Party Liability in the Field of Nuclear Energy.




The International Legal Framework for Nuclear Security


Book Description

This publication brings together the primary legally binding international instruments and the internationally accepted non-binding instruments that constitute the international legal framework for nuclear security. It sets out the legislative bases for the mandate of the International Atomic Energy Agency in the area of nuclear security, in order to increase awareness of the Agency's role in facilitating national, regional and international efforts to enhance nuclear security, including measures to protect against nuclear terrorism. It is intended that the overview of the salient provisions of the relevant binding and non-binding instruments will increase understanding of the existing legal framework governing nuclear security and counter-terrorism and thereby assist States, intergovernmental organizations and other stakeholders in the implementation of those provisions at the national, regional and international level.




Verifying Nuclear Disarmament


Book Description

Fifty years into the nuclear non-proliferation treaty (NPT) regime, the risks of nuclear war, terrorism, and the threat of further proliferation remain. A lack of significant progress towards disarmament will cast doubt upon the viability of the NPT. By recognizing that certain fissile materials are essential to every nuclear weapon and that controlling their usage provides the foundation for international efforts to limit their spread, this book presents a comprehensive framework for nuclear disarmament. Based upon phased reductions, Shea provides a mechanism for the disposal of weapon-origin fissile material and controls on peaceful nuclear activities and non-explosive military uses. He explores the technological means for monitoring and verification, the legal arrangements required to provide an enduring foundation, and a financial structure which will enable progress. This book will be invaluable to professional organizations, arms control NGOs, government officials, scientists, and politicians. It will also appeal to academics and postgraduate researchers working on security studies, disarmament diplomacy and the politics and science of verification.




Agreement for Cooperation Between the U.S. and the International Atomic Energy Agency


Book Description

Reviews the status, prospects, and future plans of the International Atomic Energy Agency, as well as the terms and conditions under which the U.S. will deal with the Agency. Includes report by the President to Congress for the year 1958, "U.S. Participation in the International Atomic Energy Agency" (p. 31-93).




Handbook on Nuclear Law


Book Description

This handbook is a practical aid to legislative drafting that brings together, for the first time, model texts of provisions covering all aspects of nuclear law in a consolidated form. Organized along the same lines as the Handbook on Nuclear Law, published by the IAEA in 2003, and containing updated material on new legal developments, this publication represents an important companion resource for the development of new or revised nuclear legislation, as well as for instruction in the fundamentals of nuclear law. It will be particularly useful for those Member States embarking on new or expanding existing nuclear programmes.




Statute of the International Atomic Energy Agency


Book Description

Considers ratification of an international agreement to establish the International Atomic Energy Agency.




Agreement for Cooperation Between the United States and the International Atomic Energy Agency


Book Description

Reviews the status, prospects, and future plans of the International Atomic Energy Agency, as well as the terms and conditions under which the U.S. will deal with the Agency. Includes report by the President to Congress for the year 1958, "U.S. Participation in the International Atomic Energy Agency" (p. 31-93).




Iran's Nuclear Program and International Law


Book Description

This book provides an international legal analysis of the most important questions regarding Iran's nuclear program since 2002. Setting these legal questions in their historical and diplomatic context, this book aims to clarify how the relevant sources of international law - including primarily the 1968 Nuclear Non-proliferation Treaty and IAEA treaty law - should be properly applied in the context of the Iran case. It provides an instructional case study of the application of these sources of international law, the lessons which can be applied to inform both the on-going legal and diplomatic dynamics surrounding the Iran nuclear dispute itself, as well as similar future cases. Some questions raised regard the watershed diplomatic accord reached between Iran and Western states in July, 2015, known as the Joint Comprehensive Program of Action. The answers will be of interests to diplomats and academics, as well as to anyone who is interested in understanding international law's application to this sensitive dispute in international relations.