Implementing nuclear weapons law

1
Implementing nuclear weapons law

• Andreas Persbo
• Arms Control and Disarmament Researcher
• The Verification Research, Training and
  Information Centre (VERTIC)
• New York, 11 April 2006

2
Introduction

• You cannot teach a man anything you can only
  help him discover it in himself ---Galileo
  Galilei (1564-1642)
• In some states, international law needs to be
  incorporated or transformed into national law.
• In other states, international law forms part of
  national law.
• In both cases, it is beneficial for the state to
  think about how international law affects
  national law.

3
Why nuclear weapons law?

• To differentiate between nuclear law (which is
  broad) and the law relating to the proliferation
  of nuclear weapons (which is more narrow).
• Areas of nuclear law
• Radiation protection
• Nuclear and radiation safety
• Nuclear liability and
• Non-proliferation and physical security.
• VERTICs project focuses on non-proliferation and
  physical security of nuclear material and
  weapons. It also looks at international norms
  relating to nuclear testing.

4
Our project

• What our project is not
• An alternative to the work of international
  organizations
• Carrying out legislative assistance in states.
• What our project is
• An attempt to bring together relevant documents
  under one umbrella.
• A forum for discussion on national
  implementation, where international organizations
  and states can come together to share best
  practice in their particular field.
• An attempt to give a concise overview of
  obligations in the simplest of terms.

5
The fact sheets

• What are we looking at
• The 1963 Partial Nuclear Test Ban Treaty (PTBT)
• The 1996 Comprehensive Nuclear Test Ban Treaty
  (CTBT)
• The 1968 Nuclear Non-Proliferation Treaty (NPT)
• The 1980 Convention on the Physical Protection of
  Nuclear Materials (CPPNM)
• Why are we looking at these treaties?
• Subjective determination. More than 100 parties
  or signatories.
• Have done groundwork on other treaties, for
  instance the Moon and Outer Space Treaties.

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Implementing the nuclear test bans

• The 1963 Partial Nuclear Test Ban Treaty (PTBT)
• Criminalization of the main prohibition.
• The 1996 Comprehensive Nuclear Test Ban Treaty
  (CTBT)
• Criminalization of the main prohibition
• Legislation facilitating appropriate form of
  legal assistance to facilitate the implementation
  of the treatys obligations (many aspects
  including transfer of evidence etc) and
• Legislation supporting the establishment and
  operation of the verification regime.

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Implementing nuclear non-proliferation

• The 1968 Nuclear Non-Proliferation Treaty (NPT)
• Does not have a treaty secretariat.
• The IAEA tasked with verification.
• Measures normally needed
• May require criminalization
• May require export control legislation
• Bilateral IAEA-state safeguards agreements would
  require for instance
• The establishment of a regulatory authority
• A licensing system and a national inspection
  regime

8
Implementing physical protection

• The Convention on the Physical Protection of
  Nuclear Materials
• Criminalization
• Supporting criminal procedural law
• Specific protection levels (annex I)
• Some measures normally needed
• A system of evaluation and licensing
• A national authority
• System of inspections and
• Effective sanctions.

9
Contact details

• Andreas Persbo
• Arms Control and Disarmament Researcher
• VERTIC
• Development House
• 56-64 Leonard Street
• London EC2A 4JX
• Tel [phone]
• Email andreas.persbo_at_vertic.org