DOE OSTI2019
The international legal framework for transporting nuclear material is complex. The tapestry of conventions and agreements in place vary based on the material in transport, the mode or modes of transport used, and the location where the transport is taking place. The instruments range in scale from the international Convention on the Physical Protection of Nuclear Material and Nuclear Facilities and the Amendment to regional conventions and agreements such as those for rail transport (RID), inland waterway (ADN), and road (ADR). As part of their international commitments under the various conventions and agreements, signatories are required to abide by and harmonize their regulations to these international instruments. The challenge for Competent Authorities in drafting regulations consistent with a Member States obligation under international law can be complex. In addition to ensuring their own authority to draft regulations consistent with these conventions, a Competent Authority may need to coordinate with other ministries, departments, or agencies in mapping the various conventions, their annexes, the requirements therein, and understanding how to develop regulations that align both to international law and domestic law. This paper addresses each of these conventions and agreements; providing a summary description of what each means to individual entities that are transporting nuclear material, provide the total number of States Party to each, provide a graphical framework for unpacking the legal complexities at the international level to assist users and competent authorities in orienting themselves to the international instruments and how they apply to specific shipments. A detailed evaluation has been made of the various international and regional conventions and agreements that help govern the security during the international and in some cases the domestic transport of nuclear material, therein providing a tool for understanding the international transport regime for moving these materials.