The Efficacy of the Global Nuclear Security Legal Regime and States’ Implementation Capacity in Light of the Forthcoming Development of Advanced Nuclear Reactor Technologies

Abstract

AbstractThe forthcoming arrival of small modular reactors and other advanced nuclear reactor technologies can be an immensely beneficial development in the world’s collective pursuit of energy security and meeting climate change objectives. The key question is whether or not these new reactor technologies significantly alter the fundamental premises underlying the existing nuclear security legal regime. The Convention on the Physical Protection of Nuclear Material and its Amendment (A/CPPNM) are the only legally binding international instruments governing the physical protection of nuclear materials and nuclear facilities. Together the A/CPPNM and the international guidance on nuclear security comprise the current legal framework for nuclear security. This chapter examines whether the A/CPPNM adequately covers advanced reactor technologies; and whether the States that are interested in acquiring these new reactor technologies have the capacity to effectively implement the associated legal requirements, regulatory standards, and international guidance that comes along with such technologies. The analysis touches upon the role of the International Atomic Energy Agency (IAEA), the IAEA Nuclear Security Guidance, and issues of cybersecurity.