Engagement with risk-exposed neighbours: the track record of nuclear newbuild and newcomer states

Abstract

Abstract Several international norms oblige governments of countries planning to build nuclear installations to proactively consult potentially affected countries in a timely manner. These norms arise from customary international law, the Convention on Nuclear Safety (CNS), the guidelines of the International Atomic Energy Agency (IAEA) and regional treaties and international environmental law. This study has examined 15 examples to assess (i) the extent to which such consultation has taken place and (ii) the effectiveness of measures taken by potentially affected countries in those cases where prior consultation had not taken place. Examples range in vintage from the 1960s to the present day and include both newbuild and newcomer countries. In only 3 of these 15 cases, prior consultation had taken place and all the involved nations had good bilateral relations and/or common interests in the project. Nevertheless, disputes arose later in two of these cases. In the other examples, the degree of success of the potentially affected state in changing the behaviour of the newbuild or newcomer state depended on a number of factors; for example, the state of bilateral relations, the availability of a regional organization to resolve the dispute, the validity of the arguments of both parties and the goodwill of the newbuild or newcomer state. Whilst the CNS and the actions of the IAEA have raised nuclear safety standards substantially over recent decades, the unwillingness of most nations to adhere to the obligation to consult would seem to be a significant weakness.