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Title: The Floating Chameleon: Floating Nuclear Power Plants and the Nexus of Maritime and Nuclear Security Law

Abstract

During the 63rd regular session of the International Atomic Energy Agency (IAEA) General Conference, as part of Norway's statement to the General Conference, Mr. Auden Halvorsen, State Secretary for Norway, made the following statement about transportable nuclear power plants (TNPPs): "Deployment of transportable nuclear power plants—TNPPs—demands our attention. The Agency must intensify its conversations of all aspects of the safety and security of such facilities. . . . The scope and applicability of existing requirements and instruments need to be clarified and developed including dialogue with the International Maritime Organization [IMO]." Ensuring the security of TNPPs is essential for their deployment and implementation. TNPPs may be floating nuclear power plants (FNPPs), which bring together elements of nuclear security related to the nuclear power plant with elements of maritime security. Insofar as an FNPP weds the principles of nuclear and maritime security, it also weds the two domains, the ancient traditions and contemporary practices of maritime law with the contemporary practices of nuclear law. Fundamentally, this raises the question, what are the legal requirements for the security of a FNPP? Although both maritime law and nuclear law have established regimes for security through various legal instruments, does an FNPP expose gapsmore » between the current international legal instruments? The previous question of whether international legal regimes define requirements for the security of FNPPs, but a threshold question remains: what is an FNPP? For purposes of nuclear and maritime security, is an FNPP a facility, is an FNPP a vessel and therefore a transport, or does an FNPP change its status based upon temporal and spatial considerations such as when it is docked at a port generating power or in transit to its destination? This set of questions, and others addressed later in this article, highlights that the issue is not merely a question about security but intersects elements of safety whether an FNPP is in uncharted waters of the international regime for both nuclear and maritime law. Here, this paper addresses many of the questions posed above related to the security regulations for an FNPP.« less

Authors:
ORCiD logo [1]
  1. Oak Ridge National Lab. (ORNL), Oak Ridge, TN (United States)
Publication Date:
Research Org.:
Oak Ridge National Lab. (ORNL), Oak Ridge, TN (United States)
Sponsoring Org.:
USDOE
OSTI Identifier:
1649247
Grant/Contract Number:  
AC05-00OR22725
Resource Type:
Accepted Manuscript
Journal Name:
Journal of Maritime Law and Commerce
Additional Journal Information:
Journal Volume: 51; Journal Issue: 2; Journal ID: ISSN 0022-2410
Publisher:
Jefferson Law Book Company
Country of Publication:
United States
Language:
English
Subject:
98 NUCLEAR DISARMAMENT, SAFEGUARDS, AND PHYSICAL PROTECTION

Citation Formats

Fialkoff, Marc Richard. The Floating Chameleon: Floating Nuclear Power Plants and the Nexus of Maritime and Nuclear Security Law. United States: N. p., 2020. Web.
Fialkoff, Marc Richard. The Floating Chameleon: Floating Nuclear Power Plants and the Nexus of Maritime and Nuclear Security Law. United States.
Fialkoff, Marc Richard. Wed . "The Floating Chameleon: Floating Nuclear Power Plants and the Nexus of Maritime and Nuclear Security Law". United States. https://www.osti.gov/servlets/purl/1649247.
@article{osti_1649247,
title = {The Floating Chameleon: Floating Nuclear Power Plants and the Nexus of Maritime and Nuclear Security Law},
author = {Fialkoff, Marc Richard},
abstractNote = {During the 63rd regular session of the International Atomic Energy Agency (IAEA) General Conference, as part of Norway's statement to the General Conference, Mr. Auden Halvorsen, State Secretary for Norway, made the following statement about transportable nuclear power plants (TNPPs): "Deployment of transportable nuclear power plants—TNPPs—demands our attention. The Agency must intensify its conversations of all aspects of the safety and security of such facilities. . . . The scope and applicability of existing requirements and instruments need to be clarified and developed including dialogue with the International Maritime Organization [IMO]." Ensuring the security of TNPPs is essential for their deployment and implementation. TNPPs may be floating nuclear power plants (FNPPs), which bring together elements of nuclear security related to the nuclear power plant with elements of maritime security. Insofar as an FNPP weds the principles of nuclear and maritime security, it also weds the two domains, the ancient traditions and contemporary practices of maritime law with the contemporary practices of nuclear law. Fundamentally, this raises the question, what are the legal requirements for the security of a FNPP? Although both maritime law and nuclear law have established regimes for security through various legal instruments, does an FNPP expose gaps between the current international legal instruments? The previous question of whether international legal regimes define requirements for the security of FNPPs, but a threshold question remains: what is an FNPP? For purposes of nuclear and maritime security, is an FNPP a facility, is an FNPP a vessel and therefore a transport, or does an FNPP change its status based upon temporal and spatial considerations such as when it is docked at a port generating power or in transit to its destination? This set of questions, and others addressed later in this article, highlights that the issue is not merely a question about security but intersects elements of safety whether an FNPP is in uncharted waters of the international regime for both nuclear and maritime law. Here, this paper addresses many of the questions posed above related to the security regulations for an FNPP.},
doi = {},
journal = {Journal of Maritime Law and Commerce},
number = 2,
volume = 51,
place = {United States},
year = {Wed Apr 01 00:00:00 EDT 2020},
month = {Wed Apr 01 00:00:00 EDT 2020}
}

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