International Treaties for which the
IAEA Director General is depositary
Brief
1. AGREEMENT ON THE PRIVILEGES AND IMMUNITIES
OF THE IAEA
Article XV.A of the Statute of the Agency provides that the IAEA
is to enjoy in the territory of each Member State such legal capacity
and privileges and immunities as are necessary for the exercise
of its functions. Article XV.B further provides that delegates
of Member States (and alternates and advisers), Governors appointed
to the Board (and alternates and advisers), and the Director General
and the staff of the Agency, are to enjoy such privileges and
immunities as are necessary in the independent exercise of their
functions in connection with the Agency. Article XV.C provides
that the legal capacity, privileges and immunities referred to
in Article XV are to be defined in a separate agreement or agreements
between the Agency and its Member States.
Accordingly, the Board approved on 1 July 1959 the Agreement on
the Privileges and Immunities of the Agency, a multilateral treaty
patterned after the Convention on the Privileges and Immunities
of the United Nations and the Specialized Agency Convention. It
entered into force in 1959.
The Agreement on the Privileges and Immunities of the Agency addresses
the Agency’s immunity from legal process and the inviolability
of the Agency’s premises, assets and archives. It clarifies
the fiscal and customs immunities as well as the privileges and
immunities with regard to currency exchange and communication.
The Agreement further formulates the privileges and functional
immunities of the officials of the Agency. It also establishes
a number of obligations for the Agency (for example, the duty
to waive the immunity of officials and experts or the duty to
make provision for appropriate modes of settling private disputes).
Acceptance of the above Agreement would signify the Government’s
agreement to apply that instrument in conformity with established
practice.
2. CONVENTION ON THE PHYSICAL PROTECTION
OF NUCLEAR MATERIAL
The importance of the CPPNM, which entered into
force in 1987, resides in its being the only international legally
binding undertaking in the area of physical protection of nuclear
material aimed at averting potential dangers of the unlawful taking
and use of nuclear material. It entered into force in 1987.
The scope of the Convention is twofold. The Convention applies
mainly to nuclear material used for peaceful purposes while in
international nuclear transport, with some additional provisions
related to nuclear material in domestic use, storage and transport.
The CPPNM obliges Contracting Parties to ensure protection at
the levels specified in the Convention of nuclear material used
for peaceful purposes on their territories, ships or aircraft
during international nuclear transport. The Contracting Parties
commit themselves not to undertake, or authorize the undertaking
of, such international nuclear transport unless assurances are
provided that nuclear material will be protected at the required
levels. Contracting Parities must also apply the agreed levels
of protection to nuclear material which, during transit from one
part of its territory to another, will pass through international
waters or airspace. The Convention also establishes measures related
to the prevention, detection and punishment of offences relating
to nuclear material.
Even if a State does not foresee the use of nuclear material,
or the international transport of such material, becoming party
to the Convention would contribute to expansion of the international
legal framework on the physical protection of nuclear material,
particularly in connection with transits through that country.
Amendment to
the Convention on the Physical Protection
On 8
July 2005, 89 States Parties to the Convention on the Physical
Protection of Nuclear Material (CPPNM) adopted by consensus an
Amendment to the CPPNM. The Amendment constitutes an important
milestone in international efforts to improve the physical
protection of nuclear materials and facilities. It will have a major
impact in reducing the vulnerability of States Parties to nuclear
terrorism.
The
amended CPPNM makes it legally binding for States Parties to protect
nuclear facilities and material in peaceful domestic use, storage as
well as transport.
It also provides for expanded cooperation between and among States
regarding rapid measures to locate and recover stolen or smuggled
nuclear material, mitigate any radiological consequences of
sabotage, and prevent and combat related offences. The Amendment
will enter into force on the thirtieth day after the date on which
it has been ratified, accepted or approved by two-thirds of the
States Parties to the CPPNM
3. CONVENTIONS RELATING TO NUCLEAR SAFETY
Convention on Nuclear Safety
Under the Convention on Nuclear Safety, each Contracting
Party undertakes to establish and maintain a legislative and regulatory
framework with respect to the safe management and operation of
land-based civil nuclear power plants, and to implement a number
of measures based on general internationally accepted safety considerations
regarding - for example - the availability of financial and human
resources, the assessment and verification of safety, quality
assurance, and emergency preparedness. The Convention also addresses
technical aspects of the safety of such nuclear installations,
including siting, design and construction, as well as operation.
The Convention provides for the convening of peer review meetings
at which Contracting Parties report on how they implement each
of the obligations under the Convention.
Joint Convention on the Safety of Spent Fuel Management
and on the Safety of Radioactive Waste Management
The Joint Convention is the first legal instrument to
address directly, on a global scale, the issue of safety in connection
with spent nuclear fuel and radioactive wastes, specifically those
resulting from civilian nuclear reactors and other civilian applications.
The Convention may also apply to spent fuel and radioactive waste
from military or defense programmes if and when such materials
are transferred permanently to and managed within exclusively
civilian programmes, or when they are declared by the Contracting
Party as spent fuel or radioactive waste for purposes of the Joint
Convention. The Joint Convention applies to planned and controlled
releases into the environment of liquid or gaseous radioactive
materials from regulated nuclear facilities. The Convention also
contains requirements with respect to the transboundary movement
of spent fuel and radioactive waste and the safe management of
disused sealed sources. As in the Convention on Nuclear Safety,
the Joint Convention provides for peer review, i.e. the convening
of meetings at which Contracting Parties report on how they implement
each of the obligations under the Convention.
By adhering to the two safety-related Conventions, a State would
demonstrate its support for international efforts to promote a
high level of safety applicable to civil nuclear power plants
and the management of spent fuel and radioactive waste resulting
from the use of nuclear technologies. Through the review mechanisms
established under these Conventions, States Parties share and
benefit from mutual experience with relevant nuclear safety practices.
4. INSTRUMENTS ON NOTIFICATION AND ASSISTANCE
IN CASE OF A NUCLEAR ACCIDENT OR RADIOLOGICAL EMERGENCY
In 1986, in the aftermath of the Chernobyl accident,
two multilateral treaties in this field were negotiated under
the IAEA auspices, namely, the Convention on Early Notification
of a Nuclear Accident and Convention on Assistance in the Case
of Nuclear Accident and Radiological Emergency.
Convention on Early Notification of a Nuclear Accident
The Notification Convention prescribes procedures for
immediate reporting and prompt provision of supporting information
in the event of a nuclear accident with actual or potential international
transboundary effects. The Convention applies to all uncontrolled
releases of radioactive materials from any facility or activity
under the jurisdiction or control of a State Party (the accident
State Party) which have resulted or may result in international
transboundary effects that could be of radiological safety significance
to another State.
In the event of an accident covered by the Convention, the State
in which it has occurred has two specific obligations: immediately
to notify, directly or through the IAEA, other States which may
be physically affected, and the IAEA, of the nature of the accident,
the time of its occurrence and, where appropriate, the exact location;
and promptly to provide them, through the same notification procedure,
with additional information, as is available, relevant to minimizing
radiological consequences in the affected States.
The IAEA is responsible for immediate onward transmission of the
received notification of any nuclear accident to all affected
States and to relevant international organizations. It is also
required to provide promptly, upon request, any State Party, Member
State of the IAEA or relevant international organization, with
additional information provided by the accident State Party. A
State Party without nuclear activities but bordering on a State
having an active nuclear programme may receive assistance from
the Agency in the context the Convention's objectives.
Since a nuclear accident may result in transboundary release requiring
protective actions in countries situated far away from the place
of the accident, by adhering to the Early Notification Convention
a State will benefit from the prompt provision of information
regarding any accident at an early stage, a prerequisite for timely
and effective implementation of urgent protective measures in
order to avoid or minimize detrimental effects to the population.
Convention on Assistance in the Case of a Nuclear Accident
or Radiological Emergency
The Assistance Convention created an international framework
for the prompt and coordinated provision of assistance in case
of a nuclear or radiological emergency. States Parties are required
to cooperate among themselves, and with the IAEA, to facilitate
prompt assistance to minimize consequences of a nuclear accident
or radiological emergency and to protect life, property and the
environment from the effects of radioactive releases. The Assistance
Convention applies irrespective of whether a nuclear accident
or radiological emergency originated within the State Party requesting
assistance, under its jurisdiction or control or elsewhere.
A State Party may request assistance from any other State Party,
either directly or through the IAEA; assistance may also be requested
from the Agency, as well as from other international organizations.
In order to facilitate the provision of such assistance, States
Parties are required, within the limits of their capabilities,
to notify the Agency of experts, equipment and materials which
could be made available for the provision of assistance, and the
terms under which they could be provided. The Agency circulates
to States Parties and Member States regular updates of such information.
Participation in the Assistance Convention offers rapid access
to international assistance in the form of technical expertise,
equipment, monitoring and medical treatment as well as assistance
in preparing emergency plans, training, development of procedures
and standards to deal with nuclear accidents and radiological
emergencies.
5. INSTRUMENTS ON LIABILITY FOR NUCLEAR
DAMAGE
The international regime of liability for nuclear damage
is based on the Vienna Convention on Civil Liability for Nuclear
Damage (Vienna Convention), a treaty of universal character concluded
in 1963 under the auspices of the IAEA, and the Paris Convention
on Third-Party Liability in the Field of Nuclear Energy (Paris
Convention), a regional instrument concluded in 1960 within the
framework of the OECD. The Chernobyl accident highlighted the
need for strengthening the nuclear liability regime. The work
initiated by the IAEA resulted in the adoption of three new instruments,
namely the Joint Protocol Relating to the Application of the Vienna
Convention and the Paris Convention (1988), the Protocol to Amend
the Vienna Convention (1997) and the Convention on Supplementary
Compensation for Nuclear Damage (1997).
Vienna Convention on Civil Liability for Nuclear Damage
The Vienna Convention establishes minimum standards of
financial protection for personal injury or property damage arising
out of nuclear incidents occurring at nuclear installations as
defined in the Convention (e.g. land based reactors, factories
for the processing of nuclear material), or involving nuclear
material (excluding natural and depleted uranium, radioactive
products and waste) in the course of carriage to, or from, such
installation. The Convention does not apply to installations and
radioactive substances which do not pose the risk of large-scale
nuclear damage, e.g. radioisotopes in the final stage of fabrication.
Under the Vienna Convention, the operator of a nuclear installation
involved in a nuclear incident is exclusively and absolutely liable
for nuclear damage: the injured party is not required to prove
fault or negligence on the part of the operator. While the Convention
does not set an upper ceiling for operator liability, the Installation
State may establish a limit of not less than US$ 5 million. In
order to ensure that funds are available in the event of a nuclear
incident, the operator must maintain insurance or other financial
security to cover its liability.
Jurisdiction over actions lies exclusively with the courts of
the State Party in whose territory a nuclear incident occurred.
The Convention applies without discrimination on the grounds of
nationality, domicile or residence. Compensation rights are extinguished
if an action is not brought within ten years from the date of
the nuclear incident.
Joint Protocol Relating to the Application of the Vienna
Convention and the Paris Convention
For many years, the Vienna and Paris Conventions, while
based on the same principles, existed in isolation from each other.
Parallel operation of the two Conventions raised a potential problem
of the conflict of law. The Joint Protocol links the two Conventions
into one system. Accordingly, a States which is party to the Vienna
Convention, for example, and is also party to the Joint Protocol,
is treated as though it is party to both Conventions. In order
to avoid conflict of jurisdiction, the Joint Protocol establishes
a choice of law rule to determine which of the Conventions should
apply (to the exclusion of the other) in respect of the same accident.
The Joint Protocol does not change the substantive rules of the
two Conventions.
Protocol to Amend the Vienna Convention (Revised Vienna
Convention)
This Protocol extends the coverage of the Vienna Convention
to include nuclear damage suffered in non-Contracting States (except
for States which have a nuclear installation on theirs territory
or in their maritime zones and do not afford reciprocal benefits).
The Protocol also expands the types of damage for which coverage
is provided, including costs associated with the reinstatement
of significantly impaired environment, loss of income deriving
from an economic interest in use or enjoyment of a significantly
impaired environment; and costs of preventive measure.
In addition, the amount of coverage is raised: the minimum liability
limit set in the 1963 Vienna Convention is increased to not less
than 300 million SDR's (approximately US$ 400 million). States
that have difficulty in immediately implementing the increased
liability amount, may phase in this amount during a fixed period
of time.
The Protocol also extends to thirty-years the period for claiming
damages due to loss of life and personal injury, and removes the
exoneration for natural disasters. It also enhances the jurisdiction
provisions of the Vienna Convention by providing that, in the
event of transport incidents within the Exclusive Economic Zone
or a similar maritime area, jurisdiction over actions concerning
nuclear damage lies with the courts of the coastal State.
The Protocol may be signed and adhered to by all States, not just
parties to the Vienna Convention.
Convention on Supplementary Compensation for Nuclear Damage
(CSC)
The CSC is aimed at establishing a worldwide liability
regime in which all States, irrespective of whether they are party
to the Vienna Convention or Paris Convention, may participate.
The CSC provides to States not in a position to adhere to the
Vienna or Paris Conventions with an alternative means for joining
the international nuclear liability regime. States party to the
CSC are required to bring their national legislation on compensation
for nuclear damage into line with the liability rules under the
Vienna and Paris Conventions.
The CSC also establishes a mechanism for providing additional
funds to supplement the compensation of nuclear damage available
under the Vienna or Paris Conventions, or under the national legislation
of States not party to the two basic Conventions, with supplementary
compensation being provided States Parties in addition to the
national compensation amount of at least 300 million SDR's.
The Convention is open for signature by all States. A State with
a nuclear installation on its territory must be also a Contracting
State to the Nuclear Safety Convention (see above).
6. REVISED SUPPLEMENTARY AGREEMENT CONCERNING
THE PROVISION OF TECHNICAL ASSISTANCE BY THE IAEA (RSA)
The provision of technical assistance is governed by
Article XI of the Statute and the provisions of the Revised Guiding
Principles and General Operating Rules to Govern the Provision
of Technical Assistance which were approved by the Board of Governors
in 1979 (published as IAEA document INFCIRC/267). Paragraph 7
of INFCIRC/267 requires that “before technical assistance
is provided, the Agency and the Government concerned shall conclude
an agreement which shall provide for application of the basic
agreement currently used to govern the provision of technical
assistance under UNDP” and that that agreement “shall
further set forth the specific conditions required under the Agency’s
Statute for the provision of technical assistance by the Agency
to its Members”. The legal instrument devised for this is
the RSA. It addresses safety standards and measures, peaceful
use undertakings and safeguards, physical protection, and transfer
of title. Adherence to the RSA is achieved through a signing of
an RSA with the IAEA.
Once a Member State has signed an RSA, it may, upon its request,
receive technical assistance from the Agency in the form, for
example, of services of experts, consultants and visiting professors;
fellowships, scientific visits, training courses, study tours;
equipment and supplies; and such other assistance as in the opinion
of the Board is consistent with the objectives of the Agency.
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