User:Kaihsu/EnvD5

D5: Nuclear energy and the environment

On nuclear weapons: 1963 (Partial) Test Ban Treaty (TBT) &rarr; 1973 failed ICJ claims Australia, NZ v France (Nuclear Tests) &rarr; 1996 Comprehensive TBT (not in force, lacking USA and China), 1968 Non-Proliferation Treaty, 1971 Seabed Arms Control Treaty, 2017 Treaty on the Prohibition of Nuclear Weapons (not in force); 1996 ICJ advisory opinion. Nuclear-weapon-free zone treaties cover Latin America and the Caribbean (1967 Tlatelolco), South Pacific (1985 Rarotonga), South East Asia (1995 Bangkok), Africa (1996 Pelindaba), Central Asia (2006 Semipalatinsk).

Most conventions below are under the auspices of and administered by IAEA, not Euratom, OECD Nuclear Energy Agency; 1960 ILO Convention 115 Concerning the Protection of Workers Against Ionizing Radiations. There are next to no rules on state responsibility; for liability, see User:Kaihsu/EnvB3.

Nuclear safety
Waste generation must be minimal to avoid undue burdens for future generations: both conventions.

On siting, there have been bilateral disputes (e.g. Sellafield MOX reprocessing plant between UK and Ireland) and treaties (e.g. 1980 between Spain and Portugal).

1994 Convention on Nuclear Safety: Fundamental principles rather than standard requirements: preamble. The objectives are defences at nuclear installations against hazards and prevent accidents, so as to protect individuals, society, environment against harmful effects of ionizing radiation. ¶ Arts. 7, 8 requires national regulatory framework: safety requirement at installations, licensing, inspection, enforcement. ¶ Arts. 10 to 16 requires states to put safety first by ensuring resources, quality, emergency plans. ¶ Art. 17 requires consultation with other states near proposed installation, but no precise international standards beyond art. 18 (design, construction), 19 (operation); no compliance mechanism. &rarr; 2015 Vienna Declaration on Nuclear Safety calls for IAEA safety standards after 2011 Fukusima Daiiti.

1997 Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management: objectives (art. 1) and regulatory framework (Ch. 4 general safety provisions) are similar to those above. It does not cover spent fuel at reprocessing facilities, naturally-occuring waste, military/defence waste: art. 3. ¶ States must choose spent fuel management and waste treatment sites carefully and consult neighbouring states: arts. 6, 13. ¶ Art. 24(1)(ii) refers to international standards of radiation exposure. Art. 25 requires planning for emergencies even beyond own territory. ¶ International transport (prohibited south of 60°S) is based on prior notification and consent, and receiving state must be capable: art. 27 (cf. Basel). &larr; 1990 IAEA Code of Practice on the International Transboundary Movement of Radioactive Waste (non-binding, not covering spent fuel; cf. Basel and Bamako conventions).

Nuclear transport
1980 Convention on the Physical Protection of Nuclear Material: applies to nuclear material for peaceful purposes in domestic use, storage, and transport (art. 2), plus international transport standard (Annex I, arts. 3, 4), defence against hazards, prosecution & recovery of unlawful taking, cooperation & info exchange, compulsory ICJ jurisdiction. Amended 2005 against terrorism, sabotage (with 12 fundamental principles; in force 2016).

1993 IMO Code for the Safe Carriage of Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes in Flasks on Board Ships (INF Code): Class INF 1 ship (< 4 EBq), INF 2 (< 200 EBq, < 20 EBq plutonium), INF 3 (no restriction, strongest). Legally binding from 2001.

Emergencies
1986 Chernobyl &rarr; 1986 Convention on Early Notification of a Nuclear Accident (1986 Early Notification Convention), 1986 Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency: emergency state can choose to request (or not); other states can assist on a cost reimbursement basis: art. 7.