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Fukui, Yasuhito
Nihon Genshiryoku Gakkai-Shi ATOMO, 65(9), p.564 - 567, 2023/09
This article explains that how the international law prevents armed attacks to nuclear power plant based on the lex lata basis. Four points are raised, in other words, first, how the current international law prohibit armed attacks to the nuclear power plant. Second, the current international law can prevent the armed attacks effectively. Third, if the law lacks the effectiveness, what kind of framework or response are necessary. Fourth, if these legal frameworks are applied to the nuclear power plants in Japan, how these will be accommodated are explained.
Fukui, Yasuhito
no journal, ,
This presentation considers how to secure nuclear security during armed conflicts. The precedent study by SIPRI proposed to further integrate Nuclear Safety, Emergency response and International Humanitarian Law (IHL). For this purpose, this presentation examines the pertinence of this proposal, possibility of legal loophole and its enhancement, using three scenarios. 2 cases of nuclear power plants and other nuclear facilities from traditional nuclear security and nuclear security during armed conflicts. Then this presentation concludes the necessity to assure especially the effectiveness of the IHL and to hold a diplomatic conference to negotiate a treaty to protect nuclear facilities comprehensively based on the IAEA' proposed 5 principles.