Regulatory Design for Transport Security Regulations of Nuclear and Other Radioactive Material
A cornerstone within a nuclear security regime of a country is a legislative and regulatory framework that both regulates the individuals using radioactive and nuclear materials, but also regulates the regulators for their commitments under International Law. When drafting nuclear law and regulations, both technical and legal expertise is needed to ensure the regulation meets the technical requirements for security, but also is legally enforceable within a country’s jurisdiction. While the Primary Nuclear Law, or Enabling Act provides establishes the Competent Authority and responsibilities for nuclear security, regulatory development is where the proverbial, rubber meets the road for requirements. The regulations provide instruction for inspections, authorizations, and managed activities, such as use storage, and transport. Transport Security regulatory development for radioactive and nuclear material is complex because the regulation maybe multi-jurisdictional, multi-modal, and involve multiple stakeholders. Development of transport security regulations requires coordination with other ministerial stakeholders, transport operators, and alignment to international treaties and conventions outside the nuclear domain. This paper provides a brief discussion of the challenges associated with regulatory development for transport security regulations for nuclear and other radioactive materials in transport. The paper will briefly identify key stakeholders, international law involved, and current efforts by the International Atomic Energy Agency (IAEA) in supporting Member States in regulatory development. While active in that regulations are necessary for a robust nuclear security regime, regulatory development is more a slow-burn than an active activity in nuclear security.