Nuclear and Treaty Law

The Nuclear and Treaty Law Section (Focal Point C) is primarily responsible for:

Nuclear Safety

Focal Point C promotes adherence to and implementation of the nuclear safety instruments adopted under the Agency’s auspices including providing substantive legal advice to the Department of Nuclear Safety and Security. In this connection, Focal Point C, together with the Department of Nuclear Safety and Security, also provides the scientific secretariat for the Convention on Nuclear Safety, the Joint Convention on Safety of Spent Fuel Management and the Safety of Radioactive Waste Management, the Code of Conduct on the Safety of Research Reactors, Code of Conduct for the Safety and Security of Radioactive Sources, as well as Supplementary Guidance to the Code.

Nuclear Security

Focal Point C also promotes adherence to and implementation of the nuclear security instruments adopted under the Agency’s auspices, primarily the Convention on the Physical Protection of Nuclear Material and the 2005 Amendment thereto and the Code of Conduct for the Safety and Security of Radioactive Sources and its Supplementary Guidance as well as other relevant international instruments and Security Council resolutions.  Within Focal Point C, OLA provides legal support to the Department of Nuclear Safety and Security in the areas of physical protection and counter-terrorism.  In the area of emergency assistance and response, Focal Point C provides legal support to the Incident and Emergency Centre and under the Convention on Early Notification of a Nuclear Accident and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency.

Nuclear Liability

In connection with the nuclear liability instruments adopted under the Agency’s auspices, Focal Point C is responsible for the Vienna Convention on Civil Liability for Nuclear Damage, the Joint Protocol relating to the Application of the Vienna Convention and the Paris Convention, the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage and the Convention on Supplementary Compensation for Nuclear Damage.

In this context, Focal Point C provides the Secretariat to meetings of the International Expert Group on Nuclear Liability (INLEX), which the Director General established and announced to the Board of Governors and to the Forty-seventh Regular Session of the General Conference in September 2003.

Nuclear Energy

Focal Point C provides legal advice to the Department of Nuclear Energy in support of their efforts to assist States in launching new nuclear power programmes including developing relevant documentation and publications such as Considerations to Launch a Nuclear Power Programme and Milestones in the Development of a National Infrastructure for Nuclear Power.

Technical Cooperation

Focal Point C also provides legal advice and support to the Department of Technical Co-operation, including issues related to the Revised Guiding Principles and General Operating Rules to Govern the Provision of Technical Assistance by the Agency and the Revised Supplementary Agreement for the Provision of Technical Assistance (RSA), the Country Programme Frameworks and issues relevant to the Agency’s role and functions in connection with RCA, AFRA, ARCAL and ARASIA.

Legislative Assistance

Focal Point C coordinates the legislative assistance programme to assist IAEA Member States in the development of their national nuclear legislation. A useful resource for IAEA Member States in assessing the adequacy of their national legal frameworks governing the peaceful uses of nuclear energy is the Handbook on Nuclear Law, developed by the Office of Legal Affairs.

Depositary Functions

Focal Point C also performs the depositary functions for the multilateral treaties that were adopted under the auspices of the IAEA or for which the Director General serves as depositary, including the agreements relating to the International Thermonuclear Experimental Reactor (ITER) Project.

Knowledge Management

Focal Point C is also responsible for legal issues associated with preserving, enhancing and strengthening knowledge management. Included in this area are OLA’s outreach activities, in the form of presentations to Member States and participation in courses on nuclear law, as well as the maintenance of OLA’s website.