Nuclear energy, here and now

KANISA GEORGE

LIKE MANY, I have always been baffled by the concept of nuclear energy. We know it exists, but the why, how and everything in-between have never fully resonated with me.

The events at Hiroshima and Chernobyl are workable examples of the powerful nature of nuclear reactors and the indescribable harm they pose to the environment and human existence.

Unfortunately, these two examples also sadly represent the progressive nature of our use of nuclear energy and what some may regard as our inability to regulate actions that can sometimes prove more harmful than beneficial.

On the human benefit side, nuclear energy is responsible for about ten per cent of the world's electricity use and is powered by approximately 440 power reactors. And of the 15 countries responsible for more than 91 per cent of the global nuclear power production, the US accounts for nearly 31 per cent.

Because nuclear power represents a carbon-free energy source, researchers believe that in the coming years its usage will increase, representing a significant part of the global energy mix.

Notably, while nuclear energy represents a clean energy source and provides a path away from fossil fuels, the potential dangers are not to be taken lightly.

International co-operation in nuclear energy has birthed several regulations and standards. In many ways, the legal framework is geared towards energy safety, protection of the environment and peaceful development.

Nuclear energy can potentially have transboundary impacts and as such international laws have been drafted to ensure co-responsibility, uniformity of standards, co-ordination and compliance. With this in mind, regulations address areas such as radioactive waste management, nuclear safety and civil liability for nuclear damage.

The International Atomic Energy Agency (IAEA) is one such agency that creates a cohesive framework in the management of nuclear energy and has, at its core, the principle, "using atoms for peace." It also seeks to be the global focal point for nuclear co-operation and safety.

One of the primary functions of this intergovernmental organisation is to assist member states, in the context of social and economic goals, in planning for and using nuclear science and technology for various peaceful purposes, including the generation of electricity, and it facilitates the transfer of such technology and knowledge in a sustainable manner to developing member states.

Article II of the IAEA statute provides that "the agency shall seek to accelerate and enlarge the contribution of atomic energy to peace, health and prosperity throughout the world" and to ensure, so far as it is able, that assistance provided by it or at its request or under its supervision or control is not used in such a way as to further any military purpose.

One of the agency's primary functions relates to implementing safeguard agreements between it and member states. These agreements, which include item-specific and comprehensive safeguards agreements, are used to apply safeguards that prevent the diversion of nuclear material from peaceful activities to nuclear weapons or other nuclear explosive devices.

As a further protection mechanism, the "additional protocol" is used in addition to specific safeguard agreements to allow for broader access to information and locations in member states. States are thus required to provide the agency with a much broader spectrum of information covering all aspects of its nuclear fuel cycle-related activities, including research and development, uranium mining, manufacturing of listed components, and importing and exporting listed equipment and non-nuclear material.

According to one author, the international community's ultimate objective is to achieve general and complete disarmament. Currently, this is sought through the adoption of arms reduction agreements between nuclear-weapon states.

The prohibition of nuclear weapons is also being sought through the adoption of requirements applicable to all states regardless of whether they possess nuclear weapons and through the adoption of the requirements, designed to ensure that those states that do not have nuclear weapons do not acquire them.

Beyond the peaceful use of nuclear energy, ensuring that there is both adequate and prompt compensation in the event of a nuclear accident is of paramount importance.

Civil liability from nuclear damage in this area of law consists of multiple instruments seeking to harmonise domestic legislation. The object of these instruments aims to establish a minimum standard of legal and financial protection against damage resulting from the peaceful use of nuclear energy, especially in a cross-border context.

There are mixed views on the use of nuclear energy and public confidence, mainly due to a lack of widespread public knowledge and education on the topic.

While admittedly there are regulations in place to protect the global community from the potential devastations of nuclear energy, some believe that the regulations aren't enough to prevent an imminent international nuclear incident.