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Introduction: Session on Security and Non-Proliferation

Introduction: Session on Security and Non-Proliferation. By Carlton Stoiber, Chairman AIDN/INLA Working Group on Nuclear Security Nuclear Inter Jura Congress Buenos Aires—October 22, 2014. The Current Context.

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Introduction: Session on Security and Non-Proliferation

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  1. Introduction: Session on Security and Non-Proliferation By Carlton Stoiber, Chairman AIDN/INLA Working Group on Nuclear Security Nuclear Inter Jura Congress Buenos Aires—October 22, 2014

  2. The Current Context • NON-PROLIFERATION HAS BEEN A CENTRAL FEATURE OF INTERNATIONAL NUCLEAR LAW FOR DECADES (CUBAN MISSILE CRISIS IN 1962; NPT IN 1968) • IN CONTRAST, NUCLEAR SECURITY WAS REGARDED AS ALMOST EXCLUSIVELY A MATTER OF NATIONAL LEGAL JURISDICTION (EXCEPT FOR CPPNM 1979) • IN THE PAST DECADE, MAJOR TERRORIST EVENTS HAVE CHANGED THAT PERCEPTION • NUCLEAR SECURITY IS ONE OF THE MOST RAPIDLY DEVELOPING FIELDS OF INTERNATIONAL NUCLEAR LAW • THESE DEVELOPMENTS INCLUDE NEW AND REVISED INTERNATIONAL INSTRUMENTS AND GUIDANCE DOCUMENTS AND EXPANDED OR NEW ACTIVITIES OF INTERNATIONAL BODIES • PROLIFERATION REMAINS A CONCERN (IRAN AND DPRK), INCLUDING SLOW PACE OF DISARMAMENT

  3. PRIMARY INTERNATIONAL INSTRUMENTS RELEVANT FOR NS/NP • CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL (CPPNM) AND 2005 AMENDMENT • POST-CHERNOBYL EARLY NOTIFICATION AND ASSISTANCE CONVENTIONS • CONVENTION ON NUCLEAR SAFETY • JOINT CONVENTION ON SPENT FUEL AND NUCLEAR WASTE • NUCLEAR NON-PROLIFERATION TREATY • IAEA SAFEGUARDS INSTRUMENTS (CSA AND ADDITIONAL PROTOCOL) • CONVENTION FOR SUPPRESSION OF TERRORIST BOMBINGS • CONVENTION FOR SUPPRESSION OF TERRORIST FINANCING • CONVENTION FOR SUPPRESSION OF ACTS OF NUCLEAR TERRORISM • UNSCR 1373 (2001) ON TERRORISM • UNSCR 1540 (2004) ON WEAPONS OF MASS DESTRUCTION • UNSCR 1887 (2009) ON NUCLEAR PROLIFERATION AND TERRORISM • PROTOCOL FOR SUPPRESSION OF UNLAWFUL ACTS AGAINST MARITIME NAVIGATION • 2005 PROTOCOL FOR SUPPRESSION OF UNLAWFUL ACTS AGAINST FIXED PLATFORMS • NUCLEAR WEAPONS FREE ZONE TREATIES

  4. KEY GUIDANCE DOCUMENTS FOR NS/NP • INFCIRC/225/REV 5 ON PHYSICAL PROTECTION OF NUCLEAR MATERIAL (Now IAEA NSS No. 13) • CODE OF CONDUCT ON THE SAFTY AND SECURITY OF RADIOACTIVE SOURCES • IAEA REGULATIONS ON THE SAFE TRANSPORT OF RADIOACTIVE MATERIAL (TS-R-1) • LEGAL AND GOVERNMENTAL INFRASTRUCTURE FOR NUCLEAR SAFETY (GS-R-1) • SAFETY REQUIREMENTS ON PREPAREDNESS AND RESPONSE TO A NUCLEAR OR RADIOLOGICAL EMERGENCY (GS-R-2)

  5. IAEA NUCLEAR SECURITY SERIES (1) • Objectives and Essential Elements of a State’s Nuclear Security Regime (No. 20) sets out the overall structure for the remaining documents • Technical and Functional Specifications for Border Monitoring Equipment (No. 1) • Nuclear Forensic Support (No. 2) • Guidelines for Monitoring Radioactive Materials in Mail (No. 3) • Protection of Nuclear Power Plants against Sabotage (No. 4) • Identification of Radioactive Sources and Devices (No. 5) • Combating the Illicit Trafficking of Nuclear and other Radioactive Materials (No. 6) • Nuclear Security Culture (No. 7) • Preventive and Protective Measures against Insider Threats (No. 8) • Security in the Transport of Radioactive Material (No.9) • Development, Use and Maintenance of the Design Basis Threat (No. 10)

  6. IAEA NUCLEAR SECURITY SERIES (2) • Security of Radioactive Sources (No. 11) • Educational Programme in Nuclear Security (No. 12) • Nuclear Security Recommendations on Physical Protection of Nuclear Material and Nuclear Facilities (No. 13, also INFCIRC 225/Rev. 5) • Nuclear Security Recommendations on Radioactive Material and Associated Facilities (No. 14) • Nuclear Security Recommendations on Nuclear and Other Radioactive Material out of Regulatory Control (no. 15) • Identification of Vital Areas at Nuclear Facilities (No. 16) • Computer Security at Nuclear Facilities (No. 17) • Nuclear Security Systems and Measures for Major Public Events No. 18) • Establishing the Nuclear Security Infrastructure for a Nuclear Power Programme (No. 19) • Nuclear Security Systems and Measures for the Detection of Nuclear and Other Radioactive Material Out of Regulatory Control (No. 21)

  7. ORGANIZATIONS ACTIVE IN NS/NP • International Atomic Energy Agency (IAEA) • International Maritime Organization (IMO) • International Civil Aviation Organization (ICAO) • World Customs Organization (WCO) • Universal Postal Union (UPU) • World Health Organization (WHO) • United Nations Office of Drugs and Crime (UNODC) • OECD/ Nuclear Energy Agency • International Police Organization (INTERPOL) • Law Enforcement Organization of the European Union (EUROPOL) • World Institute for Nuclear Security (WINS) • NPT Exporters (Zangger) Committee • Nuclear Suppliers Group

  8. NS/NP Initiatives • UNSC Counter Terrorism Committee (Counter Terrorism Executive Directorate—CTED) • UNSCR 1540 Committee • Global Initiative to Combat Nuclear Terrorism (GICNT) • Proliferation Security Initiative (PSI) • Nuclear Security Summits (2010—Washington; 2012—Seoul; 2014—the Hague) • National Legislation Implementation Kit on NS

  9. Some Approaches and Issues for Strengthening the Global Regime for NS/NPT • Achieving EIF of CPPNM Amendment • Improving coordination of relevant organizations and initiatives • Continued development on guidance documents (IAEA NSS) • Development of harmonized national legal and regulatory regimes • Development and implementation of WMD law through the UNSCR 1540 Committee • Movement toward Comprehensive IAEA Safeguards • Resolution of Problem Cases (Iran/DPRK) • Progress on nuclear disarmament

  10. A WMD Regime under UNSCR 1540 • Adopted in 2004, UNSCR 1540 is a decade old • The following provisions of the Resolution were adopted under Chapter VII of the UN Charter and are, therefore, binding on all UN Member States • Refrain from WMD support to non-state actors • Develop effective national laws • Establish domestic controls to prevent WMD • Establish 1540 Committee to monitor and support implementation • Mandatory reporting of violations

  11. UNSCR 1540 (continued) • Non-binding provisions of UNSCR 1540 include: • Promoting universal adoption of relevant WMD • instruments • Adoption of national rules and regulations • Enhancement of multilateral cooperation • Work with industry and the public • Promote dialogue and cooperation on WMD • Take cooperative measures to prevent illicit trafficking

  12. Additional Steps for Strengthening WMD Law • An integrated academic course on WMD law • Possible venue at UN Headquarters, New York • Faculty representatives from relevant organizations: IAEA, UNODC, UNODA, OPCW, OECD/NEA • An international MWD law manual or handbook • 1540 Committee could convene and coordinate drafting • Printed in all UN languages and perhaps others

  13. Conclusions • A HIGH LEVEL OF NUCLEAR SECURITY IS A NECESSARY BASIS FOR CONTINUED USE OF NUCLEAR ENERGY FOR PEACEFUL PURPOSES • THE INTERNATIONAL LEGAL FRAMEWORK FOR NUCLEAR SECURITY REFLECTS A GROWING BODY OF BINDING AND NON-BINDING LEGAL INSTRUMENTS • BROADER ADHERENCE AND HARMONIZATION OF IMPLEMENTATION OF THESE INSTRUMENTS WILL BE CRUCIAL TO THEIR EFFECTIVENESS • VARIOUS EXISTING AND NEW INTERNATIONAL BODIES ARE GIVING ENHANCED ATTENTION TO NUCLEAR SECURITY • A FOCUSED AND COORDINATED APPROACH BY ALL STAKEHOLDERS WILL BE NECESSARY TO ACHIEVING AN ACCEPTABLE NUCLEAR SECURITY REGIME WORLDWIDE

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