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
• 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
PRIMARY INTERNATIONAL
INSTRUMENTS RELEVANT FOR NS/NP
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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
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)
IAEA NUCLEAR SECURITY SERIES (1)
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Objectives and Essential Elements of a State’s Nuclear Security Regime
(No. 20) sets out the overall structure for the remaining documents
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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)
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IAEA NUCLEAR SECURITY SERIES (2)
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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)
ORGANIZATIONS ACTIVE IN NS/NP
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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
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
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
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
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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
5. Mandatory reporting of violations
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
Additional Steps for
Strengthening WMD Law
1. 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
1. An international MWD law manual or handbook
• 1540 Committee could convene and coordinate
drafting
• Printed in all UN languages and perhaps others
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