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Plutonium shipments - a supplement

Journal Article · · Ocean Development and International Law
;  [1]
  1. Netherlands Institute for the Law of the Sea, Utrecht (Netherlands)

By means of a supplement to the stimulating analysis found in the comprehensive article by Professor Jon Van Dyke on `Sea Shipment of Japanese Plutonium under International Law`, published in Volume 24 of this journal, we feel that the following clarifications and additions are appropriate. Radioactive wastes are not covered by the 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. Fir this reason, the Basel Conference adopted on March 22, 1989, along with the convention, Resolution 5 on Harmonization of Procedures of the Basel Convention and the Code of Practice for International Transactions Involving Nuclear Wastes. In accordance with Resolution 5, the provisions of the Basel Convention were taken into full account during the elaboration of the IAEA code, which ultimately was adopted by Resolution GC(XXXIV)/530 of the General Conference on Code of Practice on the International Transboundary Movement of Radioactive Waste (TMRW) of September 21, 1990. The IAEA code of practice and the respective regional instruments affirm, with respect to TMRW, the general principles of the Basel Convention, including the critical regime of prior notification and prior informed consent (PIC) that extend the scope of duties of notification, environmental impact assessment, and consultation with respect to transboundary interference as the duties have evolved under existing customary law.

Sponsoring Organization:
USDOE
OSTI ID:
83428
Journal Information:
Ocean Development and International Law, Journal Name: Ocean Development and International Law Journal Issue: 4 Vol. 25; ISSN 0090-8320; ISSN ODILAC
Country of Publication:
United States
Language:
English