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Fukui, Yasuhito
Journal of Conflict & Security law, 14 Pages, 2024/00
The international law of Nuclear Security is composed of treaties and a series of soft law instruments, which supplement the international conventions. Therefore, they function as guidelines that provide the policy direction so that the wide variety of nuclear facilities in the states can be properly protected. Traditionally, the role of soft law was explained for its flexibility or normativity. However, when the provisions of such instruments are transposed into municipal law, they function as somewhat a hard law even if their origin is soft law at the international law level.
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
CISTEC Janaru, (203), p.273 - 285, 2023/01
At the time of Russian invasion to Ukraine, attacks to nuclear facility were also happened. And the typical nuclear security event which are not deemed to be covered by A/CCPNM also happed. The affected facility varies widely from nuclear power plants to the research institute. This presentation tried to protect these facilities applying international law such as international humanitarian law etc. i.e. we would like to verify whether there is legal lacunae in these cases. Furthermore, if this kind of event happens in Japan, besides international law, Japanese municipal law system can resolve the kind of armed attacks to nuclear facilities.
Fukui, Yasuhito
Dai-43-Kai Nihon Kaku Busshitsu Kanri Gakkai Nenji Taikai Kaigi Rombunshu (Internet), 3 Pages, 2022/11
After the Russian invasion on Ukrainian territory, which accompanied armed attacks in nuclear facilities in Ukraine, these incidents triggered serious concerns in Japan. Fortunately, in Japan, the necessary administrative mechanism is already established based on the currently effective laws and regulations and no additional measures are necessary to prepare for this purpose. Usually, un ordinary physical protection operations are deemed to execute in accordance with the Nuclear Reactor Regulation Act for the operators together with Japanese police and Japan coastal guards etc. However, once the unexpected incident exceeds the threshold of police-based physical protection, upon request of local governments etc., Armed Attack Situations Response Act and Civil Protection Act is activated. In addition to the ordinary physical protection, thus Prime Minister's Cabinet Office and competent authorities concerned order to protect nuclear facilities especially by Japan self-defense force, local government and designated institutions etc. in other words to protect Japanese nationals.
Fukui, Yasuhito
CISTEC Janaru, (197), p.320 - 330, 2022/01
This article explains briefly the history of amendment to the Convention on the Physical Protection of Nuclear Material. Further this article examines the Nuclear Security resolution adopted in the IAEA General Conference held in 2021 in order to overview the current situation in the field of Nuclear Security. Then this article examines the Nuclear Security plan 2022-2025 so as to grasp what the IAEA would like to realize in the mid-term in this field. As the cyber-attack happens these days so often and the IAEA recently published the revised version of Technical Guidance on Computer Security at Nuclear Facilities (IAEA Nuclear Security Series No. 17-T) etc., this article also explains briefly what is written. Based on these analyses, the author proposes the three important issues to tackle in the field of nuclear security.
Kimura, Takashi; Fukui, Yasuhito; Tazaki, Makiko; Nakatani, Takayoshi; Shimizu, Ryo; Suda, Kazunori
Dai-42-Kai Nihon Kaku Busshitsu Kanri Gakkai Nenji Taikai Kaigi Rombunshu (Internet), 4 Pages, 2021/11
no abstracts in English
Fukui, Yasuhito
CISTEC Janaru, (190), p.208 - 219, 2020/11
This article argues especially the inter-relation between the nuclear security and cyber security. First, this article explains the issues related to the nuclear security such as nuclear security related international treaties and IAEA nuclear security series documents which is essential to support this treaty regime. Second, as for cyber security, international treaty such as Convention on Cybercrime and international conference on cyber issues held in five times at high level, and UN activities held in the form of the Group of governmental experts and Open-ended working group etc. Based on the fundamental assessment on these multi-faceted aspects, this article tries to propose the guidance in view of the Review Conference of 2005 Amendment to the 1979 Convention on the Physical Protection of Nuclear Materials, which will be held in the next year 2021.
Fukui, Yasuhito
Biographical Dictionary of Secretaries-General of International Organizations (Internet), 5 Pages, 2020/09
Mr. Yukiya Amano, former director general of IAEA died in July 2019. In order to register in the dictionary of the heads of the international organisations, the author wrote his biography starting from his childhood, university days, the days of the director general of IAEA.
Fukui, Yasuhito
no journal, ,
Firstly, the international public law related to the nuclear security including soft law and its national implementation are examined based on the official documents database. Then these concrete examples of the international cooperation and the nuclear security during transport of nuclear materials are also highlighted so as to grasp the core issues of the nuclear security. And finally, urgent issues in the field of the nuclear security are raised from the international and national point of views.
Fukui, Yasuhito
no journal, ,
International law in the field of nuclear security is composed of not only treaties such as ammended Convention on the Physical Protection of Nuclear Material, but also soft laws such as Nuclear Securiry Series published by IAEA, which may provide the guidance to the Member States in order to construct the physical protection of muclear facilities. There are also the cases of soft laws to show the futute direction, for example, Nuclear security summits declaration. In this presentation, I would like to explain why the international law, especially soft laws, in the field of nuclear security plays a comprementary role to the related treaties.
Fukui, Yasuhito
no journal, ,
This presentation shows how the CTBT verification regime can be enhanced. In these 20 years, technological innovation has progressed and in addition to the commissioned IMS, the monitoring stations were also constructed for the scientific purpose. For example, infrasound and seismic wave monitoring stations are constructed separately beside IMS stations. Furthermore, these non-IMS seismic data is available via internet and using these data more precise determination of epicenter can be possible. As for radionuclide monitoring, other noble gas observation is performed in addition to IMS. In cooperation with CTBTO preparatory commission and JAEA, noble gas back ground measurement is conducted jointly in Mutsu and Horonobe in Japan with TXL equipment. Thus, using all these data, in order to enhance precision of verification regime, we seek the possibility of a close cooperation among the research institutes concerned.
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.
Fukui, Yasuhito
no journal, ,
Because of Russian invasion to Uraina, the nuclear security during armed conflict is drawing the attention widely. Therefore, precedent studies such as SIPRI' study into consideration, this presentation uses following index such as nuclear safety, emergency response, international humanitarian law and threat of cause. and nuclear security stricto sense, in other words, traditional one and nuclear security lato sense, which is beyond the threat based on the Amended PP convention are examined in order to proceed the negotiation.
