IAEA Treaty-Making Activities in 1997

in Max Planck Yearbook of United Nations Law Online
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IAEA Treaty-Making Activities in 1997

in Max Planck Yearbook of United Nations Law Online


2 Earlier multilateral instruments concluded under the auspices of the Agency include: Agreement on Privileges and Immunities of the Inter- national Atomic Energy Agency, 1959, UNTS Vol. 374 No. 5334; Vienna Convention on Civil Liability for Nuclear Damage, 1963, UNTS Vol. 1063 No. 16197; Convention on the Physical Protection of Nuclear Material, 1980, UNTS Vol. 1456 No. 24631; Convention on Early Noti- fication of a Nuclear Accident, 1986, UNTS Vol. 1439 No. 24404; Con- vention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, 1986, UNTS Vol. 1457 No. 24643; Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention, 1988, UNTS (not yet published), No. 28907; and Convention on Nuclear Safety, 1994 (see Section IL1. below).

3 IAEA Doc. INFCIRC/449. It may be noted that the final clauses of the Convention provided that it would enter into force not simply by reaching a certain number of ratifications (22), but that that figure must include ratifications from a number of relevant States, namely by requir- ing that that number include a number of States (17), each having at least one nuclear installation which had achieved criticality in a reactor core. 4 See S. Carroll, "The Convention on Nuclear Safety: A Guide to the Convention, and a Description of the Requirements for the Preparation,

Submission and Review of National Reports", Greenpeace International (Political Unit), 1997. 5 The term "States Parties" will be used throughout this paper as the more correct term under the 1969 and 1986 Vienna Conventions on the Law of Treaties, even though in the practice of the Agency, the term "Con- tracting Parties" is the usual terminology.

6 On that issue, see "Comparative study on monitoring implementation of and compliance with provisions of selected multilateral treaties and conventions", Doc.UNEP/CHW/LSG/l/Inf.2 of 17 April 1996.

7 IAEA Doc. GC/INF/821-GC(41)/INF/12, RWSC/DC/SR.5, paras 105 - 118. For the text of the Joint Convention, see ibid. and ILM 36 (1997), 1433. 8 IAEA Safety Series No. 111-F, Safety Fundamentals: The Principles of Radioactive Waste Management. In the IAEA Safety Series, the following hierarchical categorization scheme is used: "Safety Fundamentals" set out basic objectives, concepts and principles to ensure safety; "Safety Stan- dards'' set out basic requirements which must be satisfied to ensure safety for particular activities or application areas; "Safety Guides" set out recommendations, on the basis of international experience, relating to the fulfillment of basic requirements; and "Safety Practices" set out practical examples and detailed methods which can be used for the application of Safety Standards and Safety Guides.

9 For an analysis of the Convention and its background, see W Tonhauser and O. Jankowitsch, "The Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management", Nuclear Law Bulletin 60 (1997), NEA/OECD, 9. 10 Several articles refer explicitly to the environmental aspects, see Ton- hauser and Jankowitsch, see note 9.

11 See IAEA Doc. GOV/INF/821-GC(41)/INF/12, RWSC/DC/SR.5, paras 57, 113-114. lz For the official records of the conference indicating the debate and results of the vote on amendments to article 27, see ibid., RWSC/DC/SR.4, paras 115-139 and SR 5, paras 1-90.

13 IAEA Doc. GOV/INF/822 - GC(41)/INF/13. See also ILM 36 (1997), 1454. la UNTS Vol. 1063 No. 16197.

15 IAEA Doc. 1NFCIRC/540. Also see ILM 36 (1997), 1232. 16 Doc. A/52/PV 48 (Plen. Mtg. of 12 November 1997).

17 IAEA Doc. INFCIRC/153 (corrected). 18 See, e.g. IAEA Doc. INFCIRC/288 (US/IAEA). 19 IAEA Doc. INFCIRC/66/Rev.2.

20 See Doc. A/52/PV48 For an analysis of the Model Protocol see, L. Rockwood, "Strengthening the Effectiveness and Improving the Effi- ciency of the Safeguards System", NuclearLaw Bulletin 60 (1997), NEA/ OECD, 41. 21 Additional Protocol concluded between Australia and the IAEA, IAEA Doc. INFCIRC/217/Add.l . 22 Additional Protocol concluded between Armenia and the IAEA, IAEA Doc. INFCIRC/455/Add.l .

23 Doc. A/AC.252/L.3 and Corrs. 1 and 2 and Add.l.

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