Post on 25-Apr-2020
© 2017 Organisation for Economic Co-operation and Development
NEA Latest Activities
Related to Nuclear Law
Ximena Vásquez-Maignan Head of the Office of Legal Counsel
&
Kimberly S. Nick Lawyer
Joint INLA WG 1, 3 and 5 Meeting
Karlsruhe, Germany
3 May 2017
© 2017 Organisation for Economic Co-operation and Development
NEA Steering Committee:
Outcome of the
November 2016 Meeting
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 2 / 26
© 2017 Organisation for Economic Co-operation and Development
NEA Strategic Plan for 2017-2022
Some history:
• 1st Strategic Plan 1999–2004
• 2nd Strategic Plan 2005-2009
(extended to Dec 2010 to align with OECD
biennial budget cycle)
• 3rd Strategic Plan 2011-2016
• 4th Strategic Plan 2017-2022
Available on NEA website:
www.oecd-nea.org/general/about/strategic-plan2017-
2022.pdf
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 3 / 26
© 2017 Organisation for Economic Co-operation and Development
Paris Convention Related Decisions
• Update of the Decision on the Exclusion of Small
Quantities of Nuclear Substances outside a Nuclear
Installation from the Application of the Paris Convention
• Decision and Recommendation Concerning the
Application of the Paris Convention to Nuclear Installations
for the Disposal of Certain Types of Low-level Radioactive
Waste
• Both decisions are available on the NEA website:
www.oecd-nea.org/law/paris-convention.html
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 4 / 26
© 2017 Organisation for Economic Co-operation and Development
NEA Nuclear Law Committee
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 5 / 26
© 2017 Organisation for Economic Co-operation and Development
16-17 November 2016
• Over 65 experts from NEA member countries and international
organisations, including the EC, the IAEA and the United
Nations Economic Commission for Europe (UNECE), as well as
representatives from non-member countries (China, India,
Romania, and the UAE)
Nuclear Law Committee
• Exchanged upon latest national
developments in nuclear law
• Discussions on specific topics
included: nuclear liability; legal
aspects of nuclear safety and
public participation
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 6 / 26
© 2017 Organisation for Economic Co-operation and Development
Three New Working Parties Established
• Working Party on Deep Geologic Repositories and Nuclear
Liability
• Working Party on Nuclear Liability and Transport
• Working Party on the Legal Aspects of Nuclear Safety
Nuclear Law Committee
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 7 / 26
© 2017 Organisation for Economic Co-operation and Development
14 – 15 November 2016: First Workshop on Deep
Geological Repositories and Nuclear Liability
• Aim: Facilitate exchanges of information, experience, approaches
and concerns with regard to the application of nuclear liability
regimes to deep geological repositories
• Joint Initiative: CRPPH, NLC and RWMC
Workshop on Deep Geological
Repositories and Nuclear Liability
• Topics Included: • concept of "nuclear
installation",
• identification of the operator in
the long term,
• keeping of institutional
memory and
• challenges of ensuring
insurance coverage. Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 8 / 26
© 2017 Organisation for Economic Co-operation and Development
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 9 / 26
© 2017 Organisation for Economic Co-operation and Development
OLC Educational Programmes
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 10 / 26
© 2017 Organisation for Economic Co-operation and Development
• 6th session: 20-24 February 2017
• 20 participants, 13 nationalities
• More information available at: www.oecd-nea.org/law/inle/
International Nuclear Law Essentials (INLE)
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 11 / 26
© 2017 Organisation for Economic Co-operation and Development
• Over 800 ISNL graduates since 2001
• 17th session: 21 August – 1 September 2017
• Applications now closed.
• More information available at: www.oecd-nea.org/law/isnl/
International School of Nuclear Law (ISNL)
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 12 / 26
© 2017 Organisation for Economic Co-operation and Development
OLC Publication Programme
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 13 / 26
© 2017 Organisation for Economic Co-operation and Development
Articles • Nuclear third party liability in Germany – Christian
Raetzke
• Towards nuclear disarmament: State of affairs in
the international legal framework – Sylvain Fanielle
• The application of the Espoo Convention on
Environmental Impact Assessment in a
Transboundary Context to nuclear energy-related
activities
Caselaw Updates Canada, Poland and the United States
Legislative and Regulatory Updates France, India, Ireland, Lithuania, Luxembourg, Slovak
Republic, Spain and the United States
Nuclear Law Bulletin/
Bulletin de droit nucléaire
www.oecd-nea.org/law/nlb/nlb-97/
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 14 / 26
© 2017 Organisation for Economic Co-operation and Development
Articles • “Strengthening the international legal framework for nuclear
security: Better sooner rather than later” by A. Wetherall
• “Brexit, Euratom and nuclear proliferation” by A. Södersten
• “McMunn, et al. v Babcock and Wilcox Power Generation
Group, Inc. et al.: The long road to dismissal” by M. Berger
Caselaw / Legislative and Regulatory
Updates / IGO Activities • Argentina, France, Germany, Lithuania, Luxembourg,
Poland, Slovak Republic and US
• EC, IAEA, NEA
Recent Publications • News from the Front Lines of Nuclear Law: Proceedings of
the INLA Regional Conference 2015 in Nuremberg
• Nuclear Non-Proliferation in International Law: Vol. I
(2014); Vol. II, Verification and Compliance (2015); Vol. III,
Legal Aspects of the Use of Nuclear Energy for Peaceful
Purposes (2016)
Nuclear Law Bulletin/
Bulletin de droit nucléaire
www.oecd-nea.org/law/nlb/nlb98.pdf
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 15 / 26
© 2017 Organisation for Economic Co-operation and Development
• If you are interested in writing an article, please send your
article proposal to nlb@oecd-nea.org. The NLB accepts
articles on all aspects of nuclear law, including:
– radiation protection and nuclear safety; nuclear installations;
radioactive materials; radioactive waste management;
environmental protection; non-proliferation; nuclear third party
liability; and nuclear trade.
• For an article to be considered in our winter edition, final
submissions must be received by 1 September 2017.
• More information on the publication process can be found at:
www.oecd-nea.org/law/nlb/pubprocess.html.
Nuclear Law Bulletin/
Bulletin de droit nucléaire
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 16 / 26
© 2017 Organisation for Economic Co-operation and Development
Nuclear Legislation and Regulation
www.oecd-nea.org/law/legislation/
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 17 / 26
© 2017 Organisation for Economic Co-operation and Development
• Table on Nuclear Operator Liability Amounts and Financial
Security Limits
– www.oecd-nea.org/law/table-liability-coverage-limits.pdf
– Updated in November 2016; available on the NEA website
– Will continue to keep it up to date
• Priority Rules on Compensation for Nuclear Damage in
National Legislation
– www.oecd-nea.org/law/priority-rules-comp.pdf
– Working on update
– Last updated in December 2009
Nuclear Law Website
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 18 / 26
© 2017 Organisation for Economic Co-operation and Development
* Updated Treaties and Convention Website *
Nuclear Law Website
www.oecd-nea.org/law/multilateral-agreements/
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 19 / 26
© 2017 Organisation for Economic Co-operation and Development
www.oecd-nea.org/law/multilateral-agreements/safety-emergency.html
Nuclear Law Website
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 20 / 26
© 2017 Organisation for Economic Co-operation and Development
www.oecd-nea.org/law/multilateral-agreements/convention-nuclear-safety.html
Nuclear Law Website
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 21 / 26
© 2017 Organisation for Economic Co-operation and Development
NEA report on
Japan’s Compensation System for Nuclear Damage
First report was published in 2012.
Revised issue:
• Under preparation in close co-operation with
the Japanese delegation
• Contents:
– Articles by Japanese officials/experts on the
latest situation
– English translations of legislation, guidelines,
key documents and summaries of court
decisions
To be published: 2nd Quarter 2017
www.oecd-nea.org/law/fukushima/7089-fukushima-
compensation-system-pp.pdf Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 22 / 26
© 2017 Organisation for Economic Co-operation and Development
• Japan’s compensation system for nuclear damage
– Authors: Toyohiro NOMURA (Emeritus Professor, Gakushuin University),
Shuichiro ITAKURA (MEXT)
• Support through the Nuclear Damage Compensation and
Decommissioning Facilitation Corporation
– Author: Gen KAWAI (Cabinet Office)
• Government initiatives for smooth compensation
– Author: Shuichiro ITAKURA (MEXT)
• TEPCO’s response to compensation
– Author: Shiro NUMAJIRI (METI)
• Procedures for smooth payment of compensation
– Author: Shuichiro ITAKURA (MEXT)
Japan’s Compensation System Update:
Articles
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 23 / 26
© 2017 Organisation for Economic Co-operation and Development
• Laws regarding Nuclear Third Party Liability
– Act on Compensation for Nuclear Damage,
– Special acts concerning prescriptions,
– CSC related laws, etc.
• Guidelines on Determination of the Scope of Nuclear Damage
(Interim Guidelines, 1st – 4th Supplements)
• Nuclear Damage Compensation and Decommissioning
Facilitation Corporation
• Government Provisional Payment Scheme
Japan’s Compensation System Update:
Translations
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 24 / 26
© 2017 Organisation for Economic Co-operation and Development
• Rules on Alternative Dispute Resolution Procedure
• Key Cabinet Decisions and Reports (Opinions and arguments
concerning the review of the compensation system for nuclear
damage, etc.)
• Summary of Court Decisions:
– Damage resulting from suicide of an evacuee
– Rumour-related damage
– In-direct damage
– Interpretation of “grave natural disaster of an exceptional
character”
Japan’s Compensation System Update:
Translations
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 25 / 26
© 2017 Organisation for Economic Co-operation and Development
Thank you for your attention
Karlsruhe, Germany Joint INLA WG 1, 3 & 5 meeting 26 / 26