AISHAH BIDIN

UKM

MALAYSIA

INTERNATIONAL LEGAL INSTRUMENTS

RELEVANT FOR

DEVELOPMENT OF NUCLEAR

POWER IN MALAYSIA

NUCLEAR INFRASTRUCTURE-

IAEA GUIDELINES

International Atomic Energy Agency (IAEA) guidelines covering 19 key areas

National position, nuclear safety, management, funding and financing, legislative framework, safeguards, regulatory framework, radiation protection, electrical grid, human resource development, stakeholder involvement, site and supporting facilities, environmental protection, emergency planning, security and physical protection, nuclear fuel cycle, radioactive waste, industrial involvement and procurement.

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INTERNATIONAL LEGAL

FRAMEWORK FOR NUCLEAR

SECURITY The international legal framework recognizes:

Responsibility for nuclear security rests entirely with each State

No single international instrument addresses nuclear security in a comprehensive manner

The legal foundation for nuclear security comprises international instruments and recognized principles that are implemented by national authorities

Harmonized national nuclear security systems can contribute to more effective nuclear security at the international level

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INTERNATIONAL LEGAL

INSTRUMENTS

National Policy

International Conventions and Regional

Treaties:

Binding undertakings; Conventions, Treaties

Non-binding undertakings; Codes of conduct,

IAEA standards

National implementation

National law and regulations

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NUCLEAR SECURITY LEGAL

INSTRUMENTS; MAIN PRINCIPLES

Effective national system for implementation of

global regime:

Legal system to identify punishable offences involving

radioactive materials, including nuclear materials.

Establish effective system for protection and control, based in

national legislation and with clear allocation of responsibilities.

Cooperate among resposible parties in the country

Make preparations for radiological accidents and security

events.

Cooperate with neighbours and internationally.

Universal implementation; global system, shared values

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IAEA NUCLEAR SECURITY RELATED

INSTRUMENTS

Nuclear Security

Convention on the Physical Protection of Nuclear Material and 2005 Amendment

Other Instruments that directly contribute to nuclear security

NPT Required Safeguards Agreements

Model Protocol Additional to Safeguards Agreement(s)

Nuclear Safety

Convention on Early Notification of a Nuclear Accident

Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency

Convention on Nuclear Safety

Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management

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UN AND REGIONAL

INSTRUMENTS

Treaty on the Non-Proliferation of Nuclear Weapons

International Convention for the Suppression of Terrorist Bombings (UNGA Resolution 52/164, Annex) (1997)

International Convention for the Suppression of Acts of Nuclear Terrorism (UNGA Resolution 59/290) (2005)

Regional Non-Proliferation and Nuclear Weapons Free Zone Treaties

United Nations Security Council Resolutions

1373 (2001),Threats to international peace and security caused by terrorist acts

1540 (2004), Non-proliferation of weapons of mass destruction

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CONVENTION ON THE PHYSICAL

PROTECTION OF NUCLEAR MATERIAL

(INFCIRC/274/REV. 1)

In force since 8 February 1987; 145 Parties (2011)

Applies to nuclear material used for peaceful

purposes

Threefold scope of application:

Requirements for the physical protection; only for

nuclear material during international transport;

Criminalisation of offences

International co-operation and information exchange

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CPPNM- CONT

Physical Protection is required for nuclear material

in international nuclear transport.

States Parties are required:

to ensure that nuclear material is protected at defined levels for different categories of nuclear materials

not to export or import, or authorize the export or import of, nuclear material unless assurances of protection at required levels have been received

to co-operate and consult on the design, maintenance and improvement of systems of physical protection of nuclear material

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CPPNM- CONT

Remaining CPPNM provisions have general application for nuclear material in peaceful uses, domestically or in international transport:

co-operation and assistance in the event of theft, robbery or any other unlawful taking of nuclear material or of credible threat thereof with a view, among other things, to the recovery of unlawfully taken nuclear material ;

protection of the confidentiality of information;

making specified acts involving nuclear material punishable offences under national law and establishing jurisdiction over such offences and

prosecution or extradition of alleged offenders and assistance in related criminal proceedings.

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POSITION IN MALAYSIA

• Lists the international instruments identified as critical for the development of the Malaysian Nuclear Programme

• Indicates binding (hard law) or guidance (soft law) character of each instrument

• Indicates Malaysia's status for each instrument

• References provisions in the new Malaysian act on nuclear energy that implement provisions of the relevant instruments *

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CONVENTION ON THE PHYSICAL

PROTECTION OF NUCLEAR MATERIAL

(CPPNM) AND 2005 AMENDMENT

• Binding (hard law) instrument

• Malaysia not a party to CPPNM or

Amendment

• Covered in New Act Part V on Nuclear

Security And Physical Protection and

Part XIII on Offences

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CONVENTION ON

NUCLEAR SAFETY

• Binding (hard law) instrument

• Malaysia not a party

• Covered in New Act Part II on

Commission/ Regulatory Authority, Part

III on Authorization, Part IV on Safety

and Part XV, General

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CONVENTION ON EARLY NOTIFICATION OF A

NUCLEAR ACCIDENT

• Binding (hard law) instrument

• Malaysia is a party

• Covered by Part II on Commission/ Regulatory Authority (including its functions and powers) and Part IX on Emergency preparedness and response

• To be implemented largely through regulations not requiring specific legislative provisions

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CONVENTION ON ASSISTANCE IN

CASE OF A NUCLEAR ACCIDENT

• Binding (hard law) instrument

• Malaysia is a party

• Covered in New Act Part II on Commission/ Regulatory Authority (including its functions and powers) and Part IX on Emergency preparedness and response

• Largely implemented through regulations not requiring specific legislative provisions

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NUCLEAR NON-PROLIFERATION

TREATY

• Binding (hard law) instrument

• Malaysia a party

• Covered by New Act Part VI on

Safeguards

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TREATY ON SE ASIA NUCLEAR

WEAPONS FREE ZONE (BANGKOK)

• Binding (hard law) instrument

• Malaysia a party

• Covered by New Act Part VI on

Safeguards and Part VIII on Radioactive

Waste

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REGIONAL NON-PROLIFERATION AND

NUCLEAR WEAPON FREE ZONE TREATIES

Tlatelolco Treaty for Latin America (in force since 1968) Rarotonga Treaty for the South Pacific (in force since

1986) Bangkok Treaty for Southeast Asia (in force since 1997) Pelindaba Treaty for Africa (in force since May 2009) Central Asia Nuclear Weapon Free Zone Treaty (in force since 2008) States parties undertake to use nuclear material and

facilities exclusively for peaceful purposes; accept comprehensive IAEA safeguards;

Prohibit stationing of nuclear weapons in their territories.

Some includes providing for the physical protection of nuclear materials.

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IAEA COMPREHENSIVE NPT

SAFEGUARDS AGREEMENT

• Binding (hard law) instrument

• Malaysia has entered into a CSA with the

IAEA

• Covered by Part VI on Safeguards

• Largely implemented by regulations not

requiring specific legislative provisions

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MODEL ADDITIONAL PROTOCOL

FOR SAFEGUARDS

• Binding (hard law) instrument provides basis for agreement between the IAEA and Malaysia

• Malaysia is in the process of negotiation an AP agreement

• Covered by New Act Part VI on Safeguards

• Relevant provisions will be contained in the AP agreement

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NUCLEAR TERRORISM

CONVENTION

Convention for the Suppression of Acts of Nuclear Terrorism

Binding (hard law) instrument

Malaysia signed the NTC in 2005, but has not taken measures to bring it into force

Covered in Revised Act part XIII on Offences

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CIVIL LIABILITY LEGAL

INSTRUMENTS

• Binding (hard law instruments)

• 1997 Vienna Convention On Civil

Liability For Nuclear Damage

• Covered in New Act Part XI on Liability

for nuclear damage

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UN SECURITY COUNCIL

RESOLUTION 1540

• Some provisions are binding (hard law)

under Chapter VII of the UN Charter; others

are recommendations (soft law)

• As a member of the United Nations,

Malaysia is bound by the UNSC res 1540

provisions adopted under chapter VII

• Covered in the New Act by Part II on

Commission/ Regulatory Authority, Part VI

on Safeguards and Part XIII on Offences

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CODE OF CONDUCT ON SAFETY

AND SECURITY OF RADIOACTIVE

SOURCES

• IAEA guidance (soft law) document

• Covered in the New Act Part III on

Authorization, Part IV on Safety and Part

V on Nuclear Security and Physical

Protection

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CODE OF CONDUCT ON THE

SAFETY OF RESEARCH REACTORS

• IAEA guidance (soft law) document

• Malaysia can apply this code in its

discretion

• Covered in the New Act (in part) under

Part II on Commission/ Regulatory

Authority and Part IV on Safety

• Largely implemented by regulations not

requiring specific legislative provisions

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IAEA PHYSICAL PROTECTION

RECOMMENDATIONS—

INFCIRC/225/REV.5

• IAEA guidance (soft law) document

• Malaysia can apply this instrument in

its discretion

• Covered by New Act Part V on Nuclear

Security and Physical Protection

• Largely to be implemented through

regulations not requiring specific

legislation

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IAEA SAFETY STANDARD GS-R-1

LEGAL & GOVERNMENTAL

INFRASTRUCTURE

• IAEA guidance (soft law) document

• Malaysia can apply this instrument in

its discretion

• Covered in New Act Part II on

Commission/ Regulatory Authority, Part

III on Authorization and Part V, General

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ISSUES & CHALLENGES

• Improve political awareness and expert competence

• Bureaucracy and consultation at managerial, intergovernmental bodies and agencies

• Increase knowledge of nuclear security and nuclear security related activities in industrial enterprises, trade and business pursuits, and scientific establishments;

• Establish regional or international facilities

• Continually development of legal, technical and professional human resource

• Public Acceptance

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ISSUES & CHALLENGES

Translate international legal instruments and standards into national legal system

Organize industry and public awareness/confidence

Concerns of nuclear fuel security and control of nuclear-related dual-use components

Adequate funding

Bangkok treaty, non-nuclear weapon zone established. Values shared among countries in the region. Can interaction within ASEAN countries increase?

ASEAN as a platform?

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THE WAY FORWARD

• Newcomer country

• Nuclear renaissance and nuclear strategic related issues;

• Implementing safety, security and safeguards (3S’s) measures;

• Enhancing capability and capacity in enhancing 3S’s;

• Transparency in nuclear security matters

• Strong regional network and cooperation in promoting nuclear security;

• Regional human capital development is vital in ensuring effective implementation of nuclear security initiatives

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AISHAH BIDIN

aishahbidin60@gmail.com

Faculty of Law

National University of Malaysia

Thank you/ Terima Kasih