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History, Evolution and Outlook International Nuclear Law: This Publication Commemorates the International School of Nuclear Law Which Is

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History, Evolution and Outlook International Nuclear Law: This Publication Commemorates the International School of Nuclear Law Which Is Legal Affairs 2010 www.nea.fr 2010 International Nuclear Law: History, Evolution and Outlook International Nuclear Law: This publication commemorates the International School of Nuclear Law which is International Nuclear Law: History, Evolution and Outlook and Evolution History, Law: Nuclear International History, Evolution and Outlook celebrating its 10th anniversary in 2010. The purpose of the publication is to provide an overview of the international nuclear law instruments, their background, content and development over the years and to present an outlook on future needs in the field of international nuclear law. Renowned experts in the nuclear law field have contributed scholarly papers on the various aspects of international nuclear law, including international institutions, protection against ionising radiation, nuclear safety, non-proliferation of nuclear weapons and safeguards, nuclear security, transport of nuclear material and fuel, th management of spent fuel and radioactive waste, liability, compensation and insurance 10 Anniversary of the International for nuclear damages, environmental protection and international trade in nuclear material School of Nuclear Law and equipment. This publication is dedicated to the school’s 500+ alumni from all around the world. U 1 Université Montpellier 1 OECD Nuclear Energy Agency ISBN 978-92-64-99143-9 AEN Le Seine Saint-Germain – 12, boulevard des Îles NEA F-92130 Issy-les-Moulineaux, France Tel.: +33 (0)1 4524 1015 – Fax: +33 (0)1 4524 1110 -:HSTCQE=^^VYX^:: E-mail: [email protected] – Internet: www.nea.fr NUCLEAR ENERGY AGENCY Legal Affairs ISBN 978-92-64-99143-9 International Nuclear Law: History, Evolution and Outlook 10th Anniversary of the International School of Nuclear Law © OECD 2010 NEA No. 6934 NUCLEAR ENERGY AGENCY ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT The OECD is a unique forum where the governments of 31 democracies work together to address the economic, social and environmental challenges of globalisation. The OECD is also at the forefront of efforts to understand and to help governments respond to new developments and concerns, such as corporate governance, the information economy and the challenges of an ageing population. The Organisation provides a setting where governments can compare policy experiences, seek answers to common problems, identify good practice and work to co-ordinate domestic and international policies. The OECD member countries are: Australia, Austria, Belgium, Canada, Chile, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Korea, Luxembourg, Mexico, the Netherlands, New Zealand, Norway, Poland, Portugal, the Slovak Republic, Spain, Sweden, Switzerland, Turkey, the United Kingdom and the United States. The Commission takes part in the work of the OECD. OECD Publishing disseminates widely the results of the Organisation’s statistics gathering and research on economic, social and environmental issues, as well as the conventions, guidelines and standards agreed by its members. This work is published on the responsibility of the Secretary-General of the OECD. The opinions expressed and arguments employed herein do not necessarily reflect the official views of the Organisation or of the governments of its member countries. NUCLEAR ENERGY AGENCY The OECD Nuclear Energy Agency (NEA) was established on 1st February 1958 under the name of the OEEC European Nuclear Energy Agency. It received its present designation on 20th April 1972, when Japan became its first non-European full member. NEA membership today consists of 28 OECD member countries: Australia, Austria, Belgium, Canada, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, Mexico, the Netherlands, Norway, Portugal, Republic of Korea, the Slovak Republic, Spain, Sweden, Switzerland, Turkey, the United Kingdom and the United States. The Commission takes part in the work of the Agency. The mission of the NEA is: – to assist its member countries in maintaining and further developing, through international co- operation, the scientific, technological and legal bases required for a safe, environmentally friendly and economical use of nuclear energy for peaceful purposes, as well as – to provide authoritative assessments and to forge common understandings on key issues, as input to government decisions on nuclear energy policy and to broader OECD policy analyses in areas such as energy and sustainable development. Specific areas of competence of the NEA include safety and regulation of nuclear activities, radioactive waste management, radiological protection, nuclear science, economic and technical analyses of the nuclear fuel cycle, nuclear law and liability, and public information. The NEA Data Bank provides nuclear data and computer programme services for participating countries. In these and related tasks, the NEA works in close collaboration with the International Atomic Energy Agency in Vienna, with which it has a Co-operation Agreement, as well as with other international organisations in the nuclear field. Also available in French under the title: Le droit nucléaire international : Histoire, évolution et perspectives LEGAL NOTICE The Organisation for Economic Co-operation and Development assumes no liability concerning information published in this publication Corrigenda to OECD publications may be found on line at: www.oecd.org/publishing/corrigenda. © OECD 2010 You can copy, download or print OECD content for your own use, and you can include excerpts from OECD publications, databases and multimedia products in your own documents, presentations, blogs, websites and teaching materials, provided that suitable acknowledgment of OECD as source and copyright owner is given. All requests for public or commercial use and translation rights should be submitted to [email protected]. Requests for permission to photocopy portions of this material for public or commercial use shall be addressed directly to the Copyright Clearance Center (CCC) at [email protected] or the Centre français d’exploitation du droit de copie (CFC) [email protected]. Foreword The responsible deployment of safe, clean nuclear energy requires human know-how and the establishment of technical, legal and institutional frameworks capable of successfully managing all aspects of nuclear energy. Many in the current nuclear workforce received their education and started their careers during the rapid build-up of nuclear programmes in the 1960s and 1970s. Most of these people are now close to retirement or have already left the industry. As a result, many countries have recognised the need to secure qualified human resources in the nuclear disciplines and recent international, regional and national initiatives have been aimed at encouraging and facilitating more students to enter the nuclear field. In August 2010, one such initiative, the International School of Nuclear Law (ISNL), will celebrate a major milestone by convening its 10th anniversary session. It is hard to believe that a decade has already passed since the Nuclear Energy Agency, in co-operation with the University of Montpellier 1 in France, decided to establish a “summer university” programme to teach international nuclear law. The major impetus for doing so was that university law faculties at that time did not offer specialised courses in nuclear law, a situation that has not changed significantly over the years despite the growing interest of the international community in nuclear energy production. At the start of the 21st century, comprehensive national and international legal frameworks covering virtually all aspects of nuclear activities existed in all developed countries without an equivalent educational programme to teach future generations. The founders of the ISNL, Mr. Patrick Reyners formerly of the Nuclear Energy Agency and Professor Pierre Bringuier from the University of Montpellier 1, embarked on this programme in an attempt to fill this particular educational gap, at least at the international level, and each of them obtained significant support for the project from their respective institutions. From its very inception, the ISNL aimed to attract law students at masters or doctoral level and young professionals in the nuclear sector who wished to expand their knowledge. Nuclear law is a highly specialised, highly technical subject, a not-so- surprising consequence of the intensely regulated nature of nuclear activities, both at national and international levels. As a result, legal practitioners in the field, whether in the private, public or quasi-public sectors must develop in-depth knowledge of the wide range of national and international legal instruments that comprise that regulatory framework. 3 Although there was some hesitancy about the success of the school in its early days, we can now proudly state that the ISNL has been, and continues to be, a great accomplishment with a reputation for excellence that spans six continents. The ISNL team is a professional collaboration, not only between the NEA and the University of Montpellier 1, but between the organisers, lecturers and participants of each session. ISNL alumni now number more than 500 participants who come from all around the world, various governmental and non-governmental institutions, representing different nationalities and cultures, different levels of education and experience and diverse age
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