International legal characteristics of the concept of «nuclear safety»

Haraman Ekaterina Egorovna ORCID: 0009-0001-0672-155X Postgraduate student; Department of International Law; FGNIU "Institute of Legislation and Comparative Law under the Government of the Russian Federation" 34 Bolshaya Cheremushkinskaya str., Moscow, 117218, Russia haraman.ekaterina@mail.ru

Introduction

Ensuring the security of modern society and states is one of the fundamental tasks of international law, which is institutionalized by its individual areas ^[18]. It is possible to effectively ensure security with a consolidated concentration of organizational and international legal efforts ^[16]. An important function in ensuring security is to limit the proliferation and special conditions for the use of weapons of mass destruction and dual-use technologies used in their production ^[15].

Research in the field of nuclear energy, which began at the end of the 19th century, led to technological breakthroughs that have a significant impact on international law and global security. The discovery and study of radioactivity, as well as the subsequent development of technologies for artificial atomic fission, created two vectors for the development of nuclear energy. On the one hand, nuclear energy has become a source of "peaceful atom", contributing to scientific and economic development in the world, and on the other hand, research in the field of nuclear energy has led to the creation of nuclear weapons, which have created a threat of mass destruction of mankind.

Materials and methods

The object of the research is the social relations that arise in the field of safety in the use of atomic energy. The subject of the work is the norms of international law, as well as the norms of Russian legislation regulating safety issues in the field of atomic energy use. The purpose of the article is to study the international legal and essential characteristics of the concept of nuclear safety.

Systematic and formal legal scientific approaches were applied in the article to conduct the research and comprehensively disclose its subject. The research methodology includes such methods as analysis, synthesis, and the comparative legal method.

The main part

From the moment of its appearance to the present, nuclear weapons remain a unique type of weapon, the most powerful in its destructive properties and, therefore, the most dangerous weapon of mankind.

The emergence of nuclear weapons has fundamentally changed the strategic picture of the world, and has raised a number of critical problems related to the organizational aspects of their use and proliferation. The need for the immediate development of international norms and rules was determined not only by the novelty of the weapon itself, but also by its damaging factor, since nuclear weapons could destroy large cities of any state in a matter of minutes.

The international community had an important task to develop and implement a set of measures that were necessary to ensure the security of the entire international community and maintain stability in it. These measures were aimed not only at reducing the large number of nuclear weapons already available at that time, but also at preventing their proliferation in the future.

Thanks to the joint efforts of the heads of State and international organizations in the 20th century, such international legal acts as the Treaty on the Prohibition of Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, 1963, the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, 1967, The Treaty on the Non-Proliferation of Nuclear Weapons of 1968, the Treaty between the USSR and the USA on the Limitation of Underground Nuclear Weapons Tests of 1971, the Treaty between the USSR and the USA on the Elimination of Intermediate-range and Short-Range Missiles of 1987, the Treaty between the USSR and the USA on the Reduction and Limitation of Strategic Offensive Arms of 1991. It was the above-mentioned treaties that became the fundamental international normative legal acts on limiting the proliferation of nuclear weapons, reducing their number, as well as limiting or prohibiting the use of nuclear weapons in various layers of the biosphere of our planet.

However, as time passes, it becomes obvious that the measures taken by the world community in the 20th century were not enough to solve all the problems existing in the field of regulating issues related to the use of nuclear weapons. And this issue is particularly relevant at the present time, when the transformation from a bipolar world to a multipolar one is taking place.

Currently, significant concern, including in the field of nuclear safety, is caused by an increase in the level of uncertainty caused by numerous military crises. In addition, the fact that nuclear-weapon states have a fairly impressive number of nuclear warheads is alarming, which, in turn, does not exclude "the possibility of an accidental outbreak of nuclear war or escalation of a non-nuclear conflict to the nuclear level" ^[1].

It is also necessary to pay attention to the existing opinion that there is a high probability of unleashing not a global nuclear conflict, but regional conflicts in which nuclear weapons will be used ^{[10; 12; 17]}.

This opinion is based not only on the fact that, despite all the existing prohibitions and restrictions on the proliferation of nuclear weapons, the number of countries possessing nuclear weapons after the adoption of the Treaty on the Non–Proliferation of Nuclear Weapons in 1968 has not decreased, but even increased, as has the number of nuclear weapons themselves. In addition, it is dictated by the events currently taking place in the world, when there are rapidly increasing regional conflicts ^[14], the instability of existing socio-political systems is obvious, as well as the transformation, and possibly even the deformation, of the previously existing global legal order ^[9].

Agreeing with the above opinion, we note that, of course, since its creation, nuclear weapons have been a threat not only to the security of an individual State, but also to the security of the entire international community as a whole. Despite the fact that individual States are inclined to refrain from acquiring nuclear weapons and wish the world to be completely free of nuclear weapons, nuclear-weapon States have not expressed a desire to destroy their arsenals in the foreseeable future ^[19].

However, we believe that the close attention of the entire international community should be directed not only to the issue of ensuring safety in the process of using nuclear energy for military purposes, but also to the fact that humanity has been using atomic energy for peaceful purposes for many decades.

As a result of many years of experiments with nuclear particles, scientists have come to the conclusion that using the necessary equipment, it is possible to create and direct nuclear energy not only for military, but also for peaceful purposes, and thereby form a unique new energy source – nuclear energy.

The research of scientists led to the fact that "in 1942, the first nuclear reactor was launched in the USA. In the USSR, the launch of an atomic reactor was carried out only a few years later – in 1946. And already in 1954, thanks to the efforts of scientists in our country, the world's first nuclear power plant was launched in the city of Obninsk" ^[4] (hereinafter referred to as the NPP).

The objective turn towards the development of peaceful atom in the twentieth century was the result of the increasing urgent need for energy supply in developed economies, and to an even greater extent in developing countries. The incentive for the development of nuclear programs was the opportunity to obtain an almost inexhaustible resource of energy fuel.

The use of nuclear energy for peaceful purposes has contributed to the emergence of new development opportunities in such areas as electric power, agriculture, medicine, and healthcare, contributing to the development of industries that benefit the world.

In addition, as O. G. Paramuzova notes, cheap energy resources are running out, and therefore humanity's need for energy production can only be satisfied at enterprises producing nuclear energy ^{[13, p. 35]}.

Currently, the use of nuclear energy continues to grow steadily. Nuclear technologies are being used more intensively ^[2], which, in turn, leads to the need for an increasing increase in the volume of nuclear and radioactive materials, and hence to an increase in the number of facilities designed for their storage and processing.

But despite the fact that the use of peaceful atom is considered one of the safest, its improper use can lead to terrible and devastating accidents. It is also impossible to exclude various kinds of violations of the rules and requirements for the storage and transportation of nuclear materials, violations in the field of radioactive waste management, as well as the possible commission of illegal actions (offenses and crimes) using nuclear materials ^{[11, p. 22]}.

The first international legal documents concerning the issues of ensuring nuclear safety in the field of peaceful atom use were adopted after the Chernobyl nuclear power plant accident in April 1986. This situation has shown the acute importance of ensuring safety in the process of carrying out activities related to the use of nuclear energy.

Based on the sad experience of the Chernobyl nuclear power plant, the international community adopted the Convention on Early Notification of a Nuclear Accident and the Convention on Assistance in the Event of a Nuclear Accident or Radiation Emergency, 1986. As well as one important international legal act concerning nuclear safety issues, the Convention on Nuclear Safety, 1994.

All of the above Conventions were certainly adopted in order to ensure nuclear safety in the world. Each of them notes the need to ensure a high level of nuclear safety and strengthen international cooperation in this area. It follows from the text of the Convention on Nuclear Safety that it was adopted in order to assist in maintaining the necessary level of nuclear safety. The signatory States have come to the conclusion that the task of ensuring nuclear safety should primarily be the concern of the State that operates nuclear energy and, in most cases, it is it that bears full responsibility for safety in relation to other States.

Article 2 of the Convention on Nuclear Safety lists the main definitions used in the text of this international legal act, but the text of this article does not provide a definition of the concept of nuclear safety.

The IAEA Safety Glossary does not contain this definition either. In the introduction of the above document, it is established that in all IAEA documents the term "nuclear safety" will be shortened and presented as the term "safety", and in the IAEA safety standards, such a concept as "safety" will mean "nuclear safety", unless this norm specifies a different meaning of this term..

We agree with K. K. Kozhevnikov's opinion that the normative activity of the IAEA is very significant, important and necessary for each state when it creates national legal acts regulating issues in the field of nuclear safety ^[7].

The safety standards contained in the IAEA regulations are also included in the regulatory legal acts of our country in the field of nuclear safety.

Let us consider the provisions of certain regulatory legal acts adopted in the Russian Federation that address issues of ensuring nuclear safety.

Federal Law No. 170-FZ of November 21, 1995 "On the Use of Atomic Energy" establishes the provision that ensuring safety in the use of atomic energy is one of the basic principles of legal regulation in the field of the use of atomic energy. The Federal Law under consideration is applied in cases concerning the resolution of safety issues in the use of atomic energy and control over nuclear, radiation, technical and fire safety of nuclear installations, radiation sources and storage facilities, as well as issues of ensuring the sanitary and epidemiological well-being of citizens in the use of atomic energy.

Article 1 of the above-mentioned Federal Law stipulates that it will not regulate issues related to the use of nuclear weapons, as well as any issues related to nuclear installations used for military purposes. Thus, this Federal Law was adopted by the legislator to resolve issues related only to the sphere of peaceful uses of atomic energy.

Despite the fact that the above-mentioned Federal Law contains a fairly large number of concepts that are further used in its text, it does not contain such a concept as nuclear safety.

As K. K. Kozhevnikov rightly points out, the presence in the text of article 4 of the above-mentioned Federal Law of the provision that it extends its effect, including to such types of activities that affect safety issues in the use of atomic energy, certainly gives us every reason to believe that the legislator is talking in this case specifically about nuclear safety ^{[6, pp. 26-27]}.

Adopted on December 28, 2010. Federal Law No. 390-FZ "On Security" defines as the subject of its regulation "the basic principles and content of activities to ensure state security, public safety, environmental safety, personal safety, and other types of security provided for by the legislation of the Russian Federation."

We agree with the opinion of N. M. Naumova that the legislator in this Federal Law "understands nuclear and radiation safety of the population in the context of environmental safety" ^{[11, p. 23]}.

Another document dealing with security issues (including nuclear safety) is Decree No. 229 of the President of the Russian Federation dated March 31, 2023 "On Approval of the Concept of Foreign Policy of the Russian Federation" (hereinafter referred to as Decree of the President of the Russian Federation dated 2023). In the text of this Decree, as well as in the previous Presidential Decree The Decree of the President of the Russian Federation of November 30, 2016 No. 640 on the Approval of the Concept of Foreign Policy of the Russian Federation (hereinafter referred to as the Decree of the President of the Russian Federation of 2016) stipulates that our country will strive to ensure international security and strategic stability, while preventing the escalation of armed conflicts that could lead to the use of nuclear weapons.

In addition, on strengthening international security, the Decree of the President of the Russian Federation of 2023, as well as the Decree of the President of the Russian Federation of 2016, stipulates that our country will pay attention to strengthening nuclear security at the global level and preventing acts of nuclear terrorism.

This example once again confirms the fact that security issues (including nuclear safety) occupy one of the main places in our country's politics at the present time and have not yet ceased to be relevant.

Also important in the field of nuclear safety is Decree No. 585 of the President of the Russian Federation dated October 13, 2018 "On Approval of the Fundamentals of State Policy in the field of Nuclear and Radiation Safety of the Russian Federation for the Period up to 2025 and Beyond," which highlighted both nuclear and nuclear safety as the most important components of the national security of the Russian Federation. radiation safety.

The Decree of the President of the Russian Federation under consideration defines the main trends and main directions of state policy related to nuclear and radiation safety, goals and objectives to be achieved, in addition, it sets out the main instruments of state control and supervision, as well as the procedure for interaction between government agencies in this area.

Despite the fact that the above-mentioned Decree of the President of the Russian Federation concerns the issue of ensuring nuclear safety, it does not contain a definition of the very concept of nuclear safety.

It should be noted that the Russian Federation is not only a country with nuclear weapons, but also a country with a large number of nuclear power plants, however, a separate Federal law on nuclear safety has not yet been adopted. In addition, none of the regulatory legal acts available in our country contains a definition of nuclear safety.

For comparison, let's give an example of the Law No. 208-Z "On Safety Regulation in the Use of Atomic Energy" adopted on October 10, 2022 in the Republic of Belarus, in which the term nuclear safety is clearly defined.

It is also worth noting that both the Russian Federation and the Republic of Belarus have adopted regulatory legal acts regulating radiation safety issues, which are directly related to nuclear safety. In our country, the provisions regulating radiation safety are fixed in Federal Law No. 3-FZ of January 9, 1996 "On Radiation Safety of the Population", and in the Republic of Belarus – in Law No. 198-Z of June 18, 2019. "On radiation safety."

Both the Federal Law adopted in Russia and the Law of the Republic of Belarus provided for the concept of radiation safety.

Thus, the fact that Russia, which is a nuclear power with one of the largest nuclear arsenals in the world, has not yet legislated a definition of nuclear safety seems illogical.

Due to the lack of a definition of the concept of "nuclear safety" in international and Russian legislation, scientists are actively discussing the understanding of the term "nuclear safety". The issue of conceptual approaches to the definition of nuclear safety has been the subject of research by the following authors: T. V. Verbitskaya ^[3], A. P. Matrelov ^[5], M.S. Kapilina ^[5], K. K. Kozhevnikov ^[6], I. A. Krylova ^[8], O. G. Paramuzova ^[13].

In their definition of nuclear safety, A. P. Matrelov and M. S. Kapilina associate it "with the ability to protect the population, the state and the environment from the danger that comes from various kinds of nuclear facilities, while pointing out that such a state of security is possible only in cases where all the rules for the operation of nuclear facilities have been fulfilled, as well as All the norms available in both international and national legislation were unquestioningly observed" ^[5].

According to I. A. Krylova, nuclear safety is not only an integral part, but also an essential part of universal and national security. At the same time, I. A. Krylova notes that "nuclear safety can be achieved only if the possibility of various kinds of disasters at nuclear facilities that use nuclear energy for both peaceful and military purposes is completely excluded"^[8].

T. V. Verbitskaya believes that the nuclear security of our state is a state of state security that is possible only if nuclear weapons are not used against it, as well as against its ally ^{[3, p. 55]}.

In addition, T. V. Verbitskaya rightly points out the fact that such regulatory legal acts concerning the security of our country as the National Security Strategy, as well as the Military Doctrine, do not contain a definition of nuclear safety, while emphasizing the need to include a definition of nuclear safety in these regulatory legal acts ^{[3, p. 55]}.

We agree with K. K. Kozhevnikov's opinion that the concept of nuclear safety is a complex, complex concept.

His division of the concept of nuclear safety into two links (operational and physical nuclear safety) seems reasonable.

Let's consider what K. K. Kozhevnikov understands by each of the proposed links of the concept of nuclear safety.:

- operational nuclear safety (concerns the technical component of the issues of "the use of facilities of the nuclear energy complex and nuclear materials" ^{[6, pp. 28-29]} and is associated with violations of various kinds of norms, rules and procedures).

- physical nuclear safety (concerns issues of ensuring "protection of facilities of the nuclear energy complex, as well as nuclear materials" ^{[6, pp. 30-31]} from various kinds of criminal encroachments, for example, such as nuclear terrorism).

But despite the fact that, when revealing the concept of nuclear security, K. K. Kozhevnikov points to such an aspect of nuclear security as criminal encroachments on nuclear materials or facilities where atomic energy is used, in the definition of the concept of nuclear safety, he does not reflect the above–mentioned aspect of nuclear safety.

According to him, nuclear safety is a "state of security when not only the interests of an individual, but also the entire state as a whole are protected from various potential risks and threats of nuclear accidents occurring at nuclear power facilities, and the opportunity is created to ensure environmental protection" ^{[6, pp. 30-31]}.

O. G. Paramuzova, revealing the concept of nuclear safety, notes that it is complex, ambiguous and requires systematic consideration. In this regard, she considers the concept of nuclear safety in a broad and narrow sense.

By nuclear safety in a broad sense, she understands the need to ensure the use of atomic energy for military and peaceful purposes in such a way as to prevent the occurrence of various kinds of conflicts and collisions that could lead to a nuclear war on a global scale and destroy all mankind ^{[13, p. 13]}.

Nuclear safety in the narrow sense is related to certain areas of activity in the field of atomic energy use and assumes that all possible safety measures will be taken at all levels (both internationally and nationally) ^{[13, p. 14]}.

An analysis of the definitions of nuclear safety outlined above has shown that the majority of scientists whose opinions on the concept of nuclear safety were considered by us in the framework of this study highlight in their definitions the possibility of threats at nuclear facilities used for military purposes, believing that the threat to nuclear safety directly depends on the use of nuclear weapons, and also noting that that the threat to nuclear safety arises, among other things, in violation of the rules and regulations for the operation of nuclear facilities used for military purposes.

At the same time, some scientists associate the state of security with threats arising from violations of rules, norms and standards when handling nuclear materials, as well as improper operation of nuclear power facilities. And others are of the opinion that nuclear safety is related to the use or non-use of nuclear weapons by one State against another State.

The analysis of approaches to the definition of nuclear safety available in the scientific literature gives us every reason to state the fact that nuclear safety is a complex and multidimensional concept, and therefore the definition of such a concept as nuclear safety cannot be monosyllabic, but on the contrary, must contain all aspects of it. a multifaceted phenomenon.

Conclusion

Summing up the research, we would like to emphasize once again that in the 21st century, issues related to ensuring nuclear safety have not only not lost their relevance, but also relate to issues of primary importance in the field of cooperation between states.

Despite this, to date, none of the regulatory legal acts available in international law, as well as in the legislation of our country, contains a clear definition of the concept of nuclear safety.

Taking into account the above, we note that at present there is a very urgent need to legislate a generally accepted definition of nuclear safety.

We believe that nuclear safety, in the international legal context, can perhaps be defined as the state of protection of the life and health of the population, the State, and the environment from negative consequences that may be caused by the use of nuclear weapons by any State against the territory of another State, violation of the rules and conditions of operation of a nuclear installation, storage rules, transportation, burial of nuclear materials, as well as ensuring a level of safety of nuclear energy facilities that excludes the possibility of unlawful acts against them.