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Comprehensive National Nuclear Legislation (Part A) – Common Elements
Webinar Series on Nuclear Law
Description
Each State must develop its own legislative framework based on its own situation, including its constitutional and legal framework, cultural traditions, scientific, technical and industrial capacities, and financial and human resources. In addition, nuclear law must take its place within the normal legal hierarchy applicable in most States. Further, nuclear law, like any other legislation, must comply with the constitutional and institutional requirements of each State’s political and legal system.
There is also no definitive, single model of how to draft national nuclear legislation or of which institutional framework can best implement a national nuclear law. When it comes to the threshold issues of the basic structure and level of detail to be adopted, State practice can also differ widely among those with differing legal systems.
Notwithstanding the above, experience over several decades of implementing the IAEA Legislative Assistance Programme shows a harmonization of national nuclear laws: a process that has received added impetus through the conclusion or refinement of a number of international instruments in the different branches of nuclear law. Further, IAEA Safety Standards, in particular, the requirements such as GSR Part 1 (Rev.1), provide a primary resource for obtaining a basic understanding of the internationally recognized principles and common elements of an adequate legislative framework for nuclear activities and facilities.
Finally, Volume II of the IAEA Handbook on Nuclear Law (2010) sets forth possible model provisions covering the subject area under consideration. But even if these provisions are used as a basis for further drafting by a State, it is expected they will be adjusted to reflect domestic legislative practice and the needs.
This webinar will cover those common provisions of comprehensive national nuclear legislation. In particular, the important initial and final provisions, as well as those addressing the establishment of the regulatory body, its core regulatory functions, etc.
By the end of this webinar, participants should be able to:
- Identify the common elements of comprehensive national nuclear legislation, including the:
- important initial provisions e.g. objectives, scope and prohibited activities, as well as the definitions;
- final provisions e.g. on entry into force, succession and transitional provisions on licences and repeal;
- provisions establishing or designating the regulatory body, including those providing for its independence, adequate human and financial resources and core and other regulatory functions e.g. establishing requirements and regulations, authorisation, inspection and enforcement;
- provisions providing for a clear delineation of responsibilities and coordination among authorities;
- provisions on the responsibilities of applicants and authorized persons;
- provisions addressing the role of advisory bodies and external support;
- provisions on enforcement, offences, penalties and appeals.
- Know the different approaches to reflecting multilateral treaties and international safety standards and other guidance documents in national legislation.
- Understand the basic legislative process for nuclear law, including the importance of stakeholder input.
Presenters
Anthony Wetherall, IAEA
Abdelmadjid Cherf, Former Senior Legal Officer, IAEA
Moderator
Wolfram Tonhauser, IAEA
