SHIN Chang-Hoon The Asan Institute for Policy Studies Director of Center for Global Governance

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1 Towards Sustainable Nuclear Security Regime - Creating a Nuclear Security Framework Convention - SHIN Chang-Hoon The Asan Institute for Policy Studies Director of Center for Global Governance

2 FRAMEWORK APPROACH Needs for Framework Approach Universal Ratification of the CPPNM/A and ICSANT not a panacea Fragmented international framework for nuclear security no general and comprehensive legal norms Piece-meal mixture of soft and hard laws Patchwork approach ---- Comprehensive approach: sustainable nuclear security regime at the industrial, national and international level

3 PRECEDENTS OF THE FRAMEWORK CONVENTION 1) Environment: 1) UNFCCC, 2) UNCLOS 2) Health: Framework Convention on Tabaco Control, FC for Global Health (health for all, justice for all) 3) Human Rights: Framework Convention for the Protection of National Minorities (EU) 4) Nuclear: International Convention on Nuclear Safety Commonalities: 1) cooperation, 2) global implication and shared responsibility, 3) incentive-driven, 4) implementation and monitoring

4 COMMON ELEMENTS Common elements which constitute FC Preamble Definition Purposes and objectives Relationship between the FC and other agreements and legal instruments Scope of application Principles Obligations

5 COMMON ELEMENTS Common elements which constitute FC (cont.) Conference of the Parties Secretariat Relations between the Conference of the Parties and intergovernmental organizations Subsidiary Body for Scientific and Technological Advice and for compliance or implementation Communication of Information related to Implementation Settlement of Disputes Protocols and Annexes Miscellaneous clauses

6 GLOBAL NUCLEAR SECURITY ARCHITECTURE Convention on the Physical Protection of Nuclear Material (CPPNM), as amended International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT) UN Security Council Resolutions 1540 and 1977 IAEA Physical Protection of Nuclear Material and Nuclear Facilities (INFCIRC/225/Rev.5) Global Initiative to Combat Nuclear Terrorism (GICNT) Global Partnership against the Spread of Weapons and Materials of Mass Destruction International Conference on Nuclear Security: Enhancing Global Efforts (IAEA, 1-5 July 2013)

7 THREE KEY FORA United Nations -ICSANT hard governance -UNSCR 1540 hard governance -Nuclear Terrorism -Political agenda Ad hoc Mechanism? Beyond NSS: highest political attention? -GICNT -Global Partnership against the Spread of Weapons and Materials of Mass Destruction IAEA -CPPNM/A hard governance -INFCR 225/Rev.5 soft governance -Material security -Technical agenda

8 OUR FRAMEWORK CONVENTION Structure of the Draft Articles Preamble Objectives, Definitions and Scope (Articles 1-3) Principles (Article 4) Obligations (Articles 5-7): National nuclear security regime, Transparency and Assessments, Cooperation Conference of the Parties (Articles 8-9), Secretariat (Article 11) Protocols (Article 10) and Annex I (National Nuclear Security Regime Elements) Protocols and Annexes Miscellaneous clauses

9 ADVANTAGES Advantages of the FC No additional obligation, but general principles that may embrace the fragmented legal obligations Enhancing sustainability, seeking coexistence of hard and soft governance CoPapproach - Peer review mechanism - Streamlining resources and funds for capacity building - Cooperative, not impeaching - Open to all States

10 ELEMENTS FOR SUSTAINABILITY Clear definition and scope of Nuclear Security Clear vision and goal Clear statement of principles Galvanizing political will and momentum Minimum International standard for national security regime Full participation of members of our international community Recognition of the IAEA s role and power Individual sovereign responsibility + shared responsibility (common but differentiated responsibility?) Report obligation and mandatory review mechanism (best and worst practice sharing, balance between openness and secrecy)

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