Abstract

AbstractThis chapter outlines some of the key questions to be asked by a State when considering a nuclear programme and thus a nuclear security regime. In the context of globalization and the emergence of a world in which States are interdependent, it is recognized that the way one State carries out its mission to protect nuclear materials and nuclear activities concerns other States also. In response to this, and despite the reluctance of States to expose their sovereign security practices, an international framework, composed of legally binding or non-binding tools, has been built up with the idea of promoting greater consistency and thus providing guarantees to all States. It is also important, for this one State, to comprehend the national and international context beyond nuclear security within which it falls. This State has then to question itself, in the light of security issues and the fundamental principle of State sovereignty, on the essential concepts that are found in certain components of the nuclear field, such as the positioning of the competent authority, the protection of information, transparency or the place of the operator.

Highlights

  • The field of nuclear energy, and more that of civil nuclear energy, leads a State to take into account multiple components when it considers setting up nuclear facilities or activities for industrial, medical or research purposes

  • The purpose of this chapter is to present the important steps that a State wishing to establish a nuclear programme must take into account to build a nuclear security regime that responds, on the one hand, to its national context and challenges, and on the other hand, to the recommendations and good practices set by the international framework

  • The advantage of this system is that it ensures a global vision and a high degree of coherence between the actors, whether they are State authorities or private authorities. Especially when they start drawing up the development of a nuclear security regime, will be interested in the creation of an authority that will be in charge of all the aspects of nuclear energy

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Summary

Introduction

The field of nuclear energy, and more that of civil nuclear energy, leads a State to take into account multiple components when it considers setting up nuclear facilities or activities for industrial (nuclear energy for instance), medical or research purposes. This framework sets out the obligations that a State must implement to prove that its facilities and the nuclear activities it carries out are not misused and that nuclear materials are not diverted by this State from their peaceful uses To complement this principle of safeguards, nuclear security was initially developed to prevent the risk of theft and misappropriation of nuclear materials used in nuclear activities by malicious persons. That is the reason why, over the last three decades, a number of international instruments (legally binding, such as the Convention on the Physical Protection of Nuclear Material (CPPNM) and its 2005 Amendment, or non-binding, such as codes of conduct or the IAEA’s series of recommendations on nuclear security) have been drawn up This international framework aims at both helping the States to strengthen their nuclear security regime and providing guarantees to others. The purpose of this chapter is to present the important steps that a State wishing to establish a nuclear programme must take into account to build a nuclear security regime that responds, on the one hand, to its national context and challenges, and on the other hand, to the recommendations and good practices set by the international framework

What Place for Nuclear Security Within the State’s Global Security System?
Against What Do We Need to Protect Ourselves?
What Security Burden to Be
How to Take Into Account the Threat From the Design Phase?
How Does Nuclear Security Fit in at the International Level?
How to Manage Interfaces?
How to Balance International and National Issues?
The Legislative and Regulatory Framework
How can Nuclear Security Best be Integrated into the Global National Framework?
How to Choose Between a Dedicated Administrative Regime and a Common One with Other Areas?
Prescriptive Approach or Performance-Based Approach? What Approach Should a State Prefer?
The Nuclear Security Authority
An Authority Dedicated to Nuclear Security?
How to Guarantee the Level of Requirement Applicable to this Authority?
How to Guarantee the Level of Competence of the Authority?
Operators’ Responsibility
What Is the Place and Responsibility of the Operator in Nuclear Security?
Why an Operator’s Responsibility?
What Are the Nuclear Security Obligations of the Operator?
What Cooperation with Other Government Departments?
How Can Nuclear Security Be Integrated Into the Choice of Technology?
What Are the Transport Issues?
How Can Security Be Integrated with Respect to the Site Chosen and Its Environment?
Confidentiality, Transparency and Communication
What Are the Communication Challenges in the Face of Terrorism?
Why Protect the Information?
How to Balance the Protection of Information and the Principle of Transparency in the Nuclear Sector?
How to Protect Information During the Management of a Crisis?
9.10 Conclusion

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