National nuclear weapons law

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National nuclear weapons law

• Andreas Persbo
• Arms Control and Disarmament Researcher (nuclear)

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• Approaches to nuclear law

CW NIM
BW NIM
BWC
CWC
Traditional view
Safety
Safeguards
Security
UNSCR 1540
IAEA 3S Concept
VERTIC Approach
NPT Export Controls Safeguards
Non- proliferation
CPPNM IAEA Docs
Security
Testing
PTBT CTBT
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• Security Council Resolutions
• Two principal resolutions
• United Nations Security Council Resolution 1540
  (2004), 28 April 2004 and
• United Nations Security Council Resolution 1673
  (2006), 27 April 2006.
• Resolution 1540 contains language relevant to
• Nuclear, biological and chemical weapons and
  their
• Means of delivery and
• Related materials
• Resolution 1540 calls for the
• Adoption and enforcement of appropriate effective
  laws (criminalization)
• Establishment of domestic controls to prevent
  proliferation
• The Security Council established the 1540
  Committee to monitor the implementation of the
  resolution. The committees mandate has been
  extended to 27 April 2008 (Security Council
  Resolution 1673).
• The resolution may be seen as an attempt to
  establish a cross-discipline perspective of
  national implementation of international arms
  control and disarmament norms.

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• Nuclear non-proliferation

The NPT
Zangger Committee
INFCIRC/153
NSG Guidelines
INFCIRC/540
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• Example implementation measures

The NPT
Zangger Committee
Criminalization of certain activities
National authority (with regulatory powers)
INFCIRC/153
NSG Guidelines
INFCIRC/540
National inspections system
Export and trans-shipment controls
National sanctions system
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• Nuclear security (the 1980 CPPNM)
• Three dimensions of implementation
• Protecting nuclear material in international
  transport
• Introducing punishable offences in national law
• Promoting international co-operation.
• The 2005 amendment
• Establish, implement and maintain a physical
  protection regime, including
• A legislative and regulatory framework
• A competent authority responsible for its
  implementation and
• Other administrative measures necessary for
  physical protection
• Prevent and combat offences relating to nuclear
  material and facilities worldwide
• Foresees new arrangements for co-operation,
  assistance and co-ordination in case of sabotage
  or a credible threat of sabotage.

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• Implementing the CPPNM

Criminalization (article 7)
Ensuring a certain protection level (article 3)
Jurisdiction (article 8)
Extradition (articles 9-11)
Fair treatment guarantees (article 13)
Information and assistance (article 14)
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• Nuclear testing
• The 1963 Partial Test Ban Treaty
• Outlaws nuclear tests in the atmosphere, in outer
  space and under water. Has no verification
  provisions.
• The PTBT does not contain explicit references to
  national implementing legislation, but its
  provisions may still be implemented in national
  law by criminalizing prohibited activities.
• The 1996 Comprehensive Test Ban Treaty
• Outlaws all nuclear tests in all environments.
  The CTBT broadly calls for national implementing
  legislation Each State Party shall, in
  accordance with its constitutional processes,
  take any necessary measures to implement its
  obligations under this Treaty , see article
  III. This includes
• Criminalization of activities prohibited under
  the treaty
• Setting up or designating a national authority
  (which may have regulatory authority)
• Enacting legislation that supports and maintains
  the verification regime

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• IAEA Assistance
• The Agency supports states to develop
  comprehensive nuclear law governing radiation
  protection, nuclear and radiation safety, nuclear
  liability, safeguards, and physical protection.
• The Agency provides legislative assistance advice
  on drafting specific legal provisions that meet
  their international commitments and obligations
  in the nuclear field.
• In 2003, the IAEA published a Handbook on Nuclear
  Law which provides a basic understanding of key
  elements, principles and concepts of nuclear
  legislation. A second volume of the Handbook is
  being prepared, which will comprise examples of
  legislative language.
• The development of an International Nuclear Law
  Website is foreseen

• CTBTO Assistance
• The CTBTO provides the following and other
  services to member states
• seminars and workshops on national implementation
  measures
• bilateral advice on required national
  implementation measures
• access to a database of national implementation
  measures taken by other states
• A legislation package is available for download
  at the CTBTO website (www.ctbto.org). The Package
  gives an overview of the purpose and scope of
  national implementation measures, a description
  of the main elements that should be considered
  for inclusion in national implementation
  legislation, a model implementation law, and
  information on the Commission's technical
  assistance programme on legislation.

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States offering assistance
Grouped by region
Grouped by legal system
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• Contact information
• Andreas Persbo
• Arms control and disarmament researcher (nuclear)
• VERTIC
• 56-64 Leonard Street
• London EC2A 4JX
• United Kingdom
• Telephone [phone]
• Fax [phone]
• E-mail Andreas.Persbo_at_vertic.org
• Web www.vertic.org