Introduction
The immense energy generated through nuclear fission, which constitutes the basis for numerous peaceful applications of nuclear technology, has, since its inception, been accompanied by a range of risks and challenges. These challenges primarily relate to nuclear safety, nuclear security, and nuclear non-proliferation risks. Accordingly, States intending to utilize nuclear energy exclusively for peaceful purposes are required to establish comprehensive legal and institutional frameworks, including the enactment of appropriate legislation and regulations (legal infrastructure), as well as the establishment of competent regulatory institutions (institutional infrastructure) to oversee all aspects of the peaceful use of nuclear energy.
Regulatory oversight extends throughout the entire lifetime of a nuclear installation, encompassing site selection, design, manufacturing of components and equipment, construction, commissioning, operation, decommissioning, and post-operational activities.
Accordingly, the principal areas subject to the jurisdiction of a nuclear regulatory authority include:
Developing regulatory requirements and exercising oversight over nuclear safety to ensure that nuclear installations operate with the lowest reasonably achievable probability of accidents.
Establishing and enforcing radiation protection measures applicable to all facilities and activities involving ionizing radiation and radioactive materials, including radiation-generating equipment and radioactive sources.
Establishing a competent legal and institutional framework at both the national and international levels, together with adequate financial resources, technical capabilities, and qualified personnel to ensure effective preparedness for, and response to, nuclear and radiological emergencies.
Regulating uranium and thorium exploration, mining, milling, and associated activities in order to minimize their environmental impacts and to ensure that such activities are comprehensively regulated from exploration through mine closure and environmental remediation.
Regulating the safe and secure transport of nuclear materials and radioactive sources, recognizing that transportation significantly increases vulnerability and potential risks, thereby requiring an effective legal and regulatory framework governing transport safety and security.
Establishing regulatory mechanisms for the safe management of radioactive waste generated as a by-product of nuclear activities, including its collection, treatment, storage, transportation, disposal, and long-term institutional control.
Establishing an effective nuclear liability regime, supported by appropriate insurance and financial security mechanisms, recognizing that the consequences of a nuclear accident may extend beyond national borders and result in transboundary damage affecting individuals, property, and the environment of several States.
Implementing safeguards measures pursuant to States' international obligations to prevent the diversion of nuclear material from peaceful purposes to nuclear weapons or other nuclear explosive devices. Such safeguards should be incorporated into national legislation and implemented through the competent nuclear regulatory authority with respect to nuclear activities, facilities, and materials.
Establishing comprehensive legal and regulatory mechanisms governing the import, export, transit, and transfer of nuclear materials, equipment, technology, and related dual-use items. Such controls are essential not only for supplier States but also for States through whose territories nuclear-related items may transit.
Ensuring the physical protection of nuclear materials and nuclear facilities against theft, unauthorized access, sabotage, and other malicious acts. The principal objective of the legal framework governing physical protection is to prevent the unlawful acquisition, diversion, theft, or sabotage of nuclear materials and facilities. This objective is achieved through preventive protective measures designed to deny unauthorized access to nuclear materials and installations and to deter, detect, delay, and respond effectively to theft, diversion, or sabotage.
Method
This paper adopts a qualitative research methodology based on an examination of international legal norms and regulatory frameworks, including the regulations, standards, and guidance documents of the International Atomic Energy Agency (IAEA), together with an analysis of the legal systems of various countries, books, scholarly publications, and academic literature in the field of nuclear law. The study identifies and examines the principal areas falling within the jurisdiction of an independent nuclear regulatory authority, including nuclear and radiation safety, nuclear liability and compensation for nuclear damage, nuclear non-proliferation and safeguards, import and export control, nuclear security, and the physical protection of nuclear materials and facilities. The findings provide a comprehensive model for effective legal oversight of the safe, secure, and peaceful use of nuclear energy.
The analysis demonstrates that the prevailing international practice, together with the recommendations of the IAEA, emphasizes the establishment of a comprehensive legal framework governing nuclear activities (Nuclear Law), the creation of an independent and competent nuclear regulatory body, and the implementation of a licensing and authorization system for operators of nuclear facilities.
Conclusions
The findings of this study indicate that comprehensive regulatory oversight of the peaceful use of nuclear energy is an indispensable requirement due to the inherent risks associated with nuclear activities. Consequently, States intending to develop or expand peaceful nuclear programs must establish both robust legal frameworks and effective institutional infrastructures capable of regulating all relevant aspects of nuclear activities.
For developing countries, including the Islamic Republic of Iran, the systematic development of a comprehensive nuclear legal framework constitutes an unavoidable prerequisite for the sustainable and peaceful utilization of nuclear energy. Achieving this objective requires the establishment of appropriate scientific, educational, legal, and institutional infrastructures. In particular, the development of academic programs and specialized education in Nuclear Law is essential for strengthening regulatory capacity and ensuring effective governance of the peaceful uses of nuclear energy.