Setting the Stage for International Spent Nuclear Fuel Storage Facilities International Workshop Proceedings (2008) / Chapter Skim
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5 Overview of National Laws in Relation to a Regional Repository: Legal and Other Nontechnical Aspects of Multinational Repositories--Christina Boutellier
5 Overview of National Laws in Relation to a Regional Repository: Legal and Other Nontechnical Aspects of Multinational Repositories--Christina Boutellier
Pages 28-40
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From page 28... ...
For this reason the subtitle "Legal and Other Nontechnical Aspects of Multinational Repositories" is added to the title of this presentation, and the second part is devoted to those issues. The third part describes some issues of national legislation concerning multinational repositories but also touches on international legal instruments.
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NONTECHNICAL REQUIREMENTS ON REPOSITORIES FOR RADIOACTIVE WASTE: KEY CHALLENGES Requirements on Both National and Multinational Repositories As we all know, nuclear energy is a controversial political issue in many countries, much more so than any other source of energy. Maybe because of the bombings of Hiroshima and Nagasaki or nuclear weapons in general or the deliberate policymaking of certain pressure groups, there is widespread irrational fear of nuclear energy and the technology and infrastructure that surround it.
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legal -- obligation to dispose of RAW only in the state of its origin, properly implemented multinational repositories are certainly "ethically responsible." • Another principle of ethics is that no region should be forced against its will to host a repository for RAW. Even in purely national repository programs, this goal is very hard to fulfill, given the strong local political opposition generally encountered in repository siting projects.
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A multinational repository for radioactive waste, however, may encounter several problems and challenges in addition to those experienced in purely national repository projects. Some of these additional challenges in the field of legislation are listed here: • The applicable laws in connection with multinational repositories in the host country and in the potential user countries must be made compatible.
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90-91, in Boutellier, C., and C McCombie, 2004, Technical Report on Legal Aspects, SAPIERR, Support Action: Pilot Initiative for European Regional Repositories, Work Package 1, Deliverable 2, available online at http://www.sapierr.net.
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Dual track First priority national United Kingdom Left open Left open Geological disposal strategy being developed material, not waste. Their RAW will not include SNF, but rather substances, such as vitrified high-level radioactive wastes (HLW)
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In general, export of RAW needs an authorization that may be granted only with restrictive conditions being applied. Quite often these restrictions refer to international legislation such as the Joint Convention and Council Directive 92/3 (both discussed in detail below)
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Legal Instruments at the International Level International legislation plays an important role in promoting international collaboration, including initiatives in the field of RAW management. Such international legal instruments directly affect national laws as well as concepts for multinational repositories.
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If only one of the partners of a multinational repository is party to the Joint Convention, the latter will directly influence and determine the legal rules of that repository. • Code of Practice on the International Transboundary Movement of Radioactive Waste (Code of Practice)
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• Euratom Proposal for a council directive (Euratom) on the management of spent fuel and radioactive waste (Euratom Proposal or Nuclear Package)
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2004. Technical Report on Legal Aspects, SAPIERR, Support Action: Pilot Initiative for European Regional Repositories, Work Package 1, Deliverable 2, available online at http://www.sapierr.net.
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• Euratom Proposal for a council directive (Euratom) on the management of spent fuel and radioactive waste: The proposal has launched a broad discussion on -- among other topics -- multinational repositories, but unfortunately has yielded only a nonbinding resolution.
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• They also recognize that multinational repositories are ethically justified and can bring global advantages in safety, security, environmental protection, and economics. 18 Further information on other proposals may be found in Developing Multinational Radioactive Waste Repositories: Infrastructural Framework and Scenarios of Cooperation.
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