Transfrontier aspects of the use of nuclear power. Legal, institutional and technical considerations

The safety of nuclear power plants has been an issue ever since the first such plant was built, and great efforts have continually been undertaken to improve it. The IAEA has developed and published a number of safety guides that have been adopted by a great number of countries for their national regulations. As any emissions from nuclear power plants will not necessarily stop at the border of the site-country, there is the possibility that a neighbouring country could also be affected. Therefore such a country has an interest in knowing how great such an impact could be. The paper describes the implications this transboundary problem may have and considers three areas: legal, technical and institutional. The legal considerations are based on Principle 21 of the Stockholm Declaration on the Human Environment and the right of the neighbouring state to be informed about such operations. The technical part gives examples showing why co-operation between neighbouring states is necessary and how this can be achieved. It names aspects of safety where there are possible negative effects for neighbouring countries and where an exchange of information is essential. The institutional considerations deal with mechanisms to ensure that the neighbouring country is provided with all information required, including mechanisms to protect its population against hazards from abroad. The main measure in that respect is the establishment of an information system on three different levels with different channels of communication. The paper finally suggests that the IAEA should establish an expert group on these issues, but proposes at the same time that the legal issue should be first entrusted to the legal staff of the IAEA, who should make a study of all existing international rules to find out whether and what additional international legal requirements should be met. (author)