1. Introduction: Session on Security and Non-Proliferation
By Carlton Stoiber, Chairman
AIDN/INLA Working Group
on Nuclear Security
Nuclear Inter Jura Congress
Buenos Aires—October 22, 2014

2. The Current Context
NON-PROLIFERATION HAS BEEN A CENTRAL FEATURE OF INTERNATIONAL NUCLEAR LAW FOR DECADES (CUBAN MISSILE CRISIS IN 1962; NPT IN 1968)
IN CONTRAST, NUCLEAR SECURITY WAS REGARDED AS ALMOST EXCLUSIVELY A MATTER OF NATIONAL LEGAL JURISDICTION (EXCEPT FOR CPPNM 1979)
IN THE PAST DECADE, MAJOR TERRORIST EVENTS HAVE CHANGED THAT PERCEPTION
NUCLEAR SECURITY IS ONE OF THE MOST RAPIDLY DEVELOPING FIELDS OF INTERNATIONAL NUCLEAR LAW
THESE DEVELOPMENTS INCLUDE NEW AND REVISED INTERNATIONAL INSTRUMENTS AND GUIDANCE DOCUMENTS AND EXPANDED OR NEW ACTIVITIES OF INTERNATIONAL BODIES
PROLIFERATION REMAINS A CONCERN (IRAN AND DPRK), INCLUDING SLOW PACE OF DISARMAMENT

3. PRIMARY INTERNATIONAL INSTRUMENTS RELEVANT FOR NS/NP
CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR MATERIAL (CPPNM) AND 2005 AMENDMENT
POST-CHERNOBYL EARLY NOTIFICATION AND ASSISTANCE CONVENTIONS
CONVENTION ON NUCLEAR SAFETY
JOINT CONVENTION ON SPENT FUEL AND NUCLEAR WASTE
NUCLEAR NON-PROLIFERATION TREATY
IAEA SAFEGUARDS INSTRUMENTS (CSA AND ADDITIONAL PROTOCOL)
CONVENTION FOR SUPPRESSION OF TERRORIST BOMBINGS
CONVENTION FOR SUPPRESSION OF TERRORIST FINANCING
CONVENTION FOR SUPPRESSION OF ACTS OF NUCLEAR TERRORISM
UNSCR 1373 (2001) ON TERRORISM
UNSCR 1540 (2004) ON WEAPONS OF MASS DESTRUCTION
UNSCR 1887 (2009) ON NUCLEAR PROLIFERATION AND TERRORISM
PROTOCOL FOR SUPPRESSION OF UNLAWFUL ACTS AGAINST MARITIME NAVIGATION
2005 PROTOCOL FOR SUPPRESSION OF UNLAWFUL ACTS AGAINST FIXED PLATFORMS
NUCLEAR WEAPONS FREE ZONE TREATIES

4. KEY GUIDANCE DOCUMENTS FOR NS/NP
INFCIRC/225/REV 5 ON PHYSICAL PROTECTION OF NUCLEAR MATERIAL (Now IAEA NSS No. 13)
CODE OF CONDUCT ON THE SAFTY AND SECURITY OF RADIOACTIVE SOURCES
IAEA REGULATIONS ON THE SAFE TRANSPORT OF RADIOACTIVE MATERIAL (TS-R-1)
LEGAL AND GOVERNMENTAL INFRASTRUCTURE FOR NUCLEAR SAFETY (GS-R-1)
SAFETY REQUIREMENTS ON PREPAREDNESS AND RESPONSE TO A NUCLEAR OR RADIOLOGICAL EMERGENCY (GS-R-2)

5. IAEA NUCLEAR SECURITY SERIES (1)
Objectives and Essential Elements of a State’s Nuclear Security Regime (No. 20) sets out the overall structure for the remaining documents
Technical and Functional Specifications for Border Monitoring Equipment (No. 1)
Nuclear Forensic Support (No. 2)
Guidelines for Monitoring Radioactive Materials in Mail (No. 3)
Protection of Nuclear Power Plants against Sabotage (No. 4)
Identification of Radioactive Sources and Devices (No. 5)
Combating the Illicit Trafficking of Nuclear and other Radioactive Materials (No. 6)
Nuclear Security Culture (No. 7)
Preventive and Protective Measures against Insider Threats (No. 8)
Security in the Transport of Radioactive Material (No.9)
Development, Use and Maintenance of the Design Basis Threat (No. 10)

6. IAEA NUCLEAR SECURITY SERIES (2)
Security of Radioactive Sources (No. 11)
Educational Programme in Nuclear Security (No. 12)
Nuclear Security Recommendations on Physical Protection of Nuclear Material and Nuclear Facilities (No. 13, also INFCIRC 225/Rev. 5)
Nuclear Security Recommendations on Radioactive Material and Associated Facilities (No. 14)
Nuclear Security Recommendations on Nuclear and Other Radioactive Material out of Regulatory Control (no. 15)
Identification of Vital Areas at Nuclear Facilities (No. 16)
Computer Security at Nuclear Facilities (No. 17)
Nuclear Security Systems and Measures for Major Public Events No. 18)
Establishing the Nuclear Security Infrastructure for a Nuclear Power Programme (No. 19)
Nuclear Security Systems and Measures for the Detection of Nuclear and Other Radioactive Material Out of Regulatory Control (No. 21)

7. ORGANIZATIONS ACTIVE IN NS/NP
International Atomic Energy Agency (IAEA)
International Maritime Organization (IMO)
International Civil Aviation Organization (ICAO)
World Customs Organization (WCO)
Universal Postal Union (UPU)
World Health Organization (WHO)
United Nations Office of Drugs and Crime (UNODC)
OECD/ Nuclear Energy Agency
International Police Organization (INTERPOL)
Law Enforcement Organization of the European Union (EUROPOL)
World Institute for Nuclear Security (WINS)
NPT Exporters (Zangger) Committee
Nuclear Suppliers Group

8. NS/NP Initiatives
UNSC Counter Terrorism Committee (Counter Terrorism Executive Directorate—CTED)
UNSCR 1540 Committee
Global Initiative to Combat Nuclear Terrorism (GICNT)
Proliferation Security Initiative (PSI)
Nuclear Security Summits (2010—Washington; 2012—Seoul; 2014—the Hague)
National Legislation Implementation Kit on NS

11. Some Approaches and Issues for Strengthening the Global Regime for NS/NPT
Achieving EIF of CPPNM Amendment
Improving coordination of relevant organizations and initiatives
Continued development on guidance documents (IAEA NSS)
Development of harmonized national legal and regulatory regimes
Development and implementation of WMD law through the UNSCR 1540 Committee
Movement toward Comprehensive IAEA Safeguards
Resolution of Problem Cases (Iran/DPRK)
Progress on nuclear disarmament

14. A WMD Regime under UNSCR 1540
Adopted in 2004, UNSCR 1540 is a decade old
The following provisions of the Resolution were adopted under Chapter VII of the UN Charter and are, therefore, binding on all UN Member States
Refrain from WMD support to non-state actors
Develop effective national laws
Establish domestic controls to prevent WMD
Establish 1540 Committee to monitor and support implementation
Mandatory reporting of violations

15. UNSCR 1540 (continued) Non-binding provisions of UNSCR 1540 include:
Promoting universal adoption of relevant WMD
instruments
Adoption of national rules and regulations
Enhancement of multilateral cooperation
Work with industry and the public
Promote dialogue and cooperation on WMD
Take cooperative measures to prevent illicit trafficking

16. Additional Steps for Strengthening WMD Law
An integrated academic course on WMD law
Possible venue at UN Headquarters, New York
Faculty representatives from relevant organizations: IAEA, UNODC, UNODA, OPCW, OECD/NEA
An international MWD law manual or handbook
1540 Committee could convene and coordinate drafting
Printed in all UN languages and perhaps others

17. Conclusions
A HIGH LEVEL OF NUCLEAR SECURITY IS A NECESSARY BASIS FOR CONTINUED USE OF NUCLEAR ENERGY FOR PEACEFUL PURPOSES
THE INTERNATIONAL LEGAL FRAMEWORK FOR NUCLEAR SECURITY REFLECTS A GROWING BODY OF BINDING AND NON-BINDING LEGAL INSTRUMENTS
BROADER ADHERENCE AND HARMONIZATION OF IMPLEMENTATION OF THESE INSTRUMENTS WILL BE CRUCIAL TO THEIR EFFECTIVENESS
VARIOUS EXISTING AND NEW INTERNATIONAL BODIES ARE GIVING ENHANCED ATTENTION TO NUCLEAR SECURITY
A FOCUSED AND COORDINATED APPROACH BY ALL STAKEHOLDERS WILL BE NECESSARY TO ACHIEVING AN ACCEPTABLE NUCLEAR SECURITY REGIME WORLDWIDE