Regulatory and Legal Support of International Nuclear Law

Abstract

Between the first regulatory and legal development of international nuclear law in 1957 and modern achievements, three main stages of this process can be distinguished.
 The first period of development of international nuclear law corresponds to the period of development of nuclear energy and guarantees of its peaceful use by all non-nuclear weapon states. This dual purpose was legally confirmed by the establishment of the International Atomic Energy Agency (IAEA) in 1957 and the entry into force of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) in 1970.
 The first stage in the development of international nuclear law was complemented by a second growth phase aimed at increasing collective resilience to the dangers of nuclear energy. The Three Mile Island accident in 1979 and especially the Chernobyl disaster in 1986 triggered intense regulatory activity aimed at preventing nuclear accidents and better managing their consequences on an international scale.
 As a result, several international conventions have been adopted in this area: The Convention on Early Notification of a Nuclear Accident and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, the Convention on Nuclear Safety and the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management.
 Unlike the first-generation nuclear nonpro­liferation treaties, these norms do not violate the essential sovereignty of the states parties. By merging binding provisions and flexible legislation, a cooperative system was created for flexible and decentralized management of nuclear activities on an international scale.
 The third stage of the development of inter­national nuclear law, in which we are currently located, is characterized by both negative and positive elements.
 On the negative side, there are problems that affect the effectiveness of international nuclear law. The most alarming issue in this area is the independence of nuclear regulatory authorities in several countries, although it is regulated by Article 8 of the Convention on Nuclear Safety and Article 20 of the Joint Convention on Nuclear Safety.