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The South Africa's Peaceful Use of Nuclear Energy Under the Nuclear Non-Proliferation Treaty and Related Treaties

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The South Africa's Peaceful Use of Nuclear Energy Under the Nuclear Non-Proliferation Treaty and Related Treaties SOUTH AFRICA’S PEACEFUL USE OF NUCLEAR ENERGY UNDER THE NUCLEAR NON- PROLIFERATION TREATY AND RELATED TREATIES by KHALED AHMED QASAYMEH Submitted in accordance with the requirements for the degree of DOCTOR LEGUM at the UNIVERSITY OF SOUTH AFRICA Supervisor: PROF. DR. ANDRÉ THOMASHAUSEN February 2014 SUMMARY SOUTH AFRICA’S PEACEFUL USE OF NUCLEAR ENERGY UNDER THE NUCLEAR NON- PROLIFERATION TREATY AND RELATED TREATIES by KHALED AHMED IBRAHIM QASAYMEH Supervisor: PROF. DR. ANDRÉ THOMASHAUSEN Department: DEPARTMENT PUBLIC, CONSTITUTIONAL AND INTERNATIONAL LAW Degree: DOCTOR LEGUM in Nuclear Energy Law i STUDENT NUMBER: 35965932 I declare that the ‘SOUTH AFRICA’S PEACEFUL USE OF NUCLEAR ENERGY UNDER THE NUCLEAR NON-PROLIFERATION TREATY AND RELATED TREATIES’ is my own work and that all sources that I used or quoted have been indicated and acknowledged by means of complete references. SIGNATURE: KHALED AHMAD QASAYMEH DATE: FEBRUARY 2014 ii ACKNOWLEDGEMENTS First and foremost, I thank the Almighty Allah for granting me the patience and the determination to finish this work. I express my heartfelt thanks and my innermost gratitude to Professor AEAM Thomashausen for the help and the support. Professor AEAM Thomashausen gave me a chance to develop my skills and knowledge. He has supervised and guided and advised me throughout the progress of this thesis. I am grateful for him as he allowed me the freedom to define and direct my research. I thank my friends and colleagues who helped me during the research and during the implementation and writing of this thesis, whether it be direct assistance or in the form of moral support. I am indebted to my fiancée Alethea for the patience she showed while I worked throughout the night and I thank her for assisting me in editing this thesis. Thanks to my friends who encourage and supported me. I reserve the most special thanks for my family for their unconditional love and support. The care, support, prayers and encouragement of my precious father and my late mother, always make my endeavours possible. vi IN THE MEMORY OF MY MOTHER AND TO MY PRECIOUS FATHER vii Key words Nuclear energy, non-proliferation of nuclear weapons, nuclear safety, nuclear security, safeguards, nuclear liability, sustainable development, access to electricity, socio-economic rights, Millennium Developmental Goals, 9.6 GW. Abstract Energy is the natural power stored in matter which can be potential and kinetic energy. This occurs in nature in various forms such as chemical energy, thermal energy, electromagnetic radiation, gravitational energy, electric energy, elastic energy, nuclear energy, and rest energy. The scientific research relating to nuclear energy has revealed that atoms are the foundation of matter. In 1905 Albert Einstein initiated the quantum revolution utilising the Newtonian mass-energy equivalence concept in order to put his famous equation: E =mc2, where energy is (E). This facilitated the nuclear research which focused on manufacturing the first atomic bomb. In 1945 the USA acquired its first two atomic bombs which were dropped on Nagasaki and Hiroshima, killing 200 000 people; mostly civilians. But nuclear energy research has been redirected by scientists in order to industrialise nuclear technology in order to address growing power needs. This encouraged policy makers to consider the risks posed by utilising nuclear energy for civil purposes. The shift towards peaceful nuclear energy applications has been motivated by the many valuable contributions to humankind which nuclear energy offers - for instance in the fields of energy generation, human health, agriculture and industry. The nature of nuclear energy lends itself to becoming an important component of the world energy and global economic system. Nuclear energy is a viable option for many countries including South Africa, because it offers an economic and clean source of electricity; the primary engine for socio-economic development. South Africa operates the only two nuclear power reactors in Africa, (Koeberg 1 and Koeberg 2) generating 1.8 GWe. South Africa’s energy supply infrastructure consists fundamentally of coal-fired power plants which pose serious threats to the environment. Therefore, it is assumed that the planned 9.6 GW of new nuclear capacity by 2030 will meet viii the requirements of South Africa’s policy regarding the diversification of available energy resources to secure energy supply, support economic growth, and contribute to environmental management. Consequently, the legal system which governs nuclear energy programme is intended to prohibit the proliferation of nuclear weapons, ensure security and maintain the safe operation of nuclear facilities. ix LIST OF ABBREVIATIONS AEB Atomic Energy Board AEC Atomic Energy Corporation, Limited AGECC Secretary-General’s Advisory Group on Energy and Climate Change Btu British Thermal Units Btu British Thermal Units CCGT Gas-Fired Combined-Cycle Gas-Turbine CCMA Commission for Conciliation, Mediation and Arbitration CNS Council for Nuclear Safety CO2 Carbon dioxide CPPNM Convention on the Physical Protection of Nuclear CSP Concentrating Solar Power CTBT Comprehensive Nuclear-Test-Ban Treaty DCAC Directorate Conventional Arms Control DECC United Kingdom Department of Energy and Climate Change DFA Department of Foreign Affairs DI Defence Intelligence DME South African Department of Minerals and Energy DOA South African Department of Agriculture DoE South African Department of Energy DOH South African Departments of Health DPRK Democratic People's Republic of Korea EIA Energy Information Administration EU European Union Euratom European Atomic Energy Community or Treaty establishing the European Atomic Energy Community FAO Food and Agriculture Organization of the United Nations GCRS Gas Cooled Reactors GHGs Greenhouse Gases x GWh Gigawatt Hours HEU Highly Enriched Uranium HTGRS High Temperature Gas Cooled Reactors HWRS Heavy Water Reactors ICJ International Court of Justice IEA International Energy Agency ILO International Labour Organization IMO International Maritime Organization INEP Integrated National Electrification Programme IPP Independent Power Producer IPPs Independent Power Producers IRP Integrated Resource Plan 2010-2030 Kv Kilovolt KWh Kilowatt hour LMFBRS Liquid Metal Fast Breeder Reactors LWRS Light Water Reactors MDG Millennium Development Goals MECRs Multilateral Export Control Regimes Mt Million Tonnes MTCR Missile Technology Control Regime Mtoe Million Tons of Oil Equivalent MW Megawatt NDP National Development Plan NEA OECD Nuclear Energy Agency Necsa South African Nuclear Energy Corporation NIA South African National Intelligence Agency Niasa Nuclear Industry Association of South Africa NIP South African National Infrastructure Plan NNR National Nuclear Regulator NNWS Non-Nuclear-Weapons States NPC South African Council for the Non-Proliferation of Weapons of Mass xi Destruction NPS Non-Proliferation Secretariat NPT Treaty on the Non-Proliferation of Nuclear Weapons NPWMDA Non-Proliferation of Weapons of Mass Destruction Act NSG Nuclear Suppliers Group NSGC Nuclear Security Guidance Committee NUFCOR Nuclear Fuels Corporation NWFZs Nuclear-Weapon-Free-Zones NWS Nuclear-Weapons States OCGT Gas-Fired Open Cycle (Single Cycle) Gas Turbine OECD Organisation for Economic Co-operation and Development 23P Plutonium-239 PAHO Pan American Health Organization PBMR pebble bed modular reactor PPS Physical Protection System PV Photo Voltaic RDDs Radiological Dispersal Devices RDP Reconstruction and Development Programme REDs Radiological Exposure Devices SAMHS South African Military Health Services of the Department of Defence SAPP Southern African Power Pool SASS South African Secret Service SDRs Special Drawing Rights SIPs Strategic Integrated Projects SOE State Owned Enterprise TEPCO’s Tokyo Electric Power Company’s TMI Three Miles Island I TWh Terawatt Hours USA United States of America 235U Uranium-235 U3O8 Triuranium Octoxide xii UCOR Uranium Enrichment Corporation of South Africa UF6 Uranium Hexafluoride UK United Kingdom UNAEC United Nations Atomic Energy Commission UNDC United Nations Disarmament Commission UNDP United Nations Development Programme UNEP United Nations Environment Programme UNGA United Nations General Assembly UNIDO United Nations Industrial Development Organization UNSC United Nations Security Council UNIFEM United Nations Development Fund for Women UNMOVIC United Nations Monitoring, Verification and Inspection Commission UNSCEAR Scientific Committee on the Effects of Atomic Radiation UNSCOM United Nations Special Commission UNSG United Nations Secretary General USSR Soviet Socialist Republics WA Wassenaar Arrangement WHO World Health Organization WWII World War Two ZOPFAN Declaration of the Zone of Peace, Freedom and Neutrality ICSANT International Convention for the Suppression of Acts of Nuclear Terrorism CANWFZ Central Asian Nuclear Weapon Free Zone xiii TABLE OF FIGURES Figure II- 1 Nuclear power growth 1951-1970.............................................................................. 52 Figure IV- 1 Global energy supply infrastructure 2008 ............................................................... 209 Figure VI- 2: Global energy supply in 2040 ................................................................................. 210 Figure VI- 3: 1973 and 2010 Global fuel shares of electricity generation .................................. 211 Figure VI- 4: Coal-fired power station ........................................................................................
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