Chapter 5. Conclusion
Before the Fukushima Nuclear Disaster, the Three Mile Island and Chernobyl Accidents already triggered the international society to adopt all six of the nuclear safety conventions, as elaborated in Chapter 2.1. However, the Fukushima Disaster still occurred, indicating that the existing legal framework needs to be improved.
In terms of the recommended improvements, in Chapter 2.3., this thesis found out that there was no equitable measure in the Nuclear Safety Convention. While the Nuclear Safety Convention authorized each State Party to develop its own regulatory framework on domestic nuclear safety, the countries with the lack of fund and technique might not be able to ensure the safe operation and the prevention of radioactive pollution from the reactor facilities. However, each country had the right and freedom to build nuclear power plants due to state sovereignty. Thus, this thesis suggested that equitable measures must be added into the Nuclear Safety Convention so as to secure the nuclear safety in those vulnerable countries as early as practicable. In Chapter 2.4., this thesis found out that the resolution of disputes defined in the Joint Convention was ambiguous. It only provided that any dispute shall be resolved in the international conference, but it did not explain how to do that. Therefore, this thesis suggested that the liability should be defined based on whether or not the package design matches the radionuclides that are being transported as well as whether or not the packages have been held until equilibrium conditions have been approached closely enough to demonstrate compliance with the requirements for temperature and pressure. By clearly defining the liability, compensation in between States Parties could be facilitated accordingly, and each Member State would comply with the safety requirements more seriously. In Chapter 2.5., this thesis noticed that the IAEA already provided detailed guidance on the emergency response, but the guidance had yet to be seen in the Notification Convention. Thus, this thesis recommended that in the next international conference, the Contracting Parties shall modify the Notification Convention to obligate that in a nuclear accident, before any significant release of radioactive material, the competent authority of the country must make arrangements for taking protective actions. In Chapter 2.6., this thesis found out that after Fukushima, the reported nuclear incidents worldwide showed an increasing trend, but the assistance provided by the Member States was very limited. As a result, this thesis recommended that the Incident and Emergency Center under the IAEA shall be provided with more resource and personnel in order to build the bridge in between the nuclear incident countries and the States Parties that could yield the specific assistance. Meanwhile, this thesis suggested that the Assistance Convention shall provide more incentives for the Member States to provide support. In Chapter 2.7., this thesis realized that the objectives of the Physical Protection Convention were too redundant, so the provisions other than nuclear nonproliferation shall be deleted. Last but not least, in Chapter 2.8., this thesis found out that the Marine Dumping Convention categorized the dumping danger of nuclear wastes into the same annex along with organohalogen, mercury, cadmium, and persistent plastic.
Such categorization was misleading, so this thesis recommended that nuclear wastes shall be specially emphasized by the Marine Dumping Convention as
the extremely harmful material that is not allowed to be disposed into the ocean.
To sum up, the six international nuclear safety conventions generally did an excellent job to cover a comprehensive range of aspects in terms of the nuclear activities worldwide. It is worthy of recognition that these conventions as a whole already defined the intergenerational justice, the isolation in between reactor licensee and regulatory agency, and the international monitoring and warning system against any radiological incidents. If the assistant missions could be increased and the equitable measures could be better defined, the international nuclear safety regime would certainly become even better.
While Chapter 2 provided suggestions on the main findings for each nuclear safety convention, Chapter 3 investigated the nuclear safety laws in Taiwan to see if they could catch up with the progress on the international legal framework. To be more specific, in Chapters 3.1., this thesis analyzed the four nuclear safety laws in Taiwan and then compared each law with the matching convention in Chapter 3.2. It is important to bear in mind that "the matching convention and law" does not mean that the Taiwanese law and international convention that were put together to compare in Chapter 3.2. were ideally corresponded with each other; instead, the scope and density of the articles vary significantly in between the international conventions and domestic laws, and this thesis could only try its best to put together the relevant convention and law in accordance with their special traits such as the objectives and the aspect of nuclear activity that they both want to cover.
The main findings of Chapter 3 included the lack of international technical cooperation provisions in the Regulation Act, the deficit of international reporting system in the Atomic Energy Law, the inadequacy of the intergenerational justice in the Management Act, and the necessity to establish an early notification system to the neighboring countries in the Response Act.
To solve each of the issue, this thesis suggested that the Regulation Act shall refer to the Nuclear Safety Convention to incorporate the international technical cooperation provision into its objectives, the Atomic Energy Law should take the Physical Protection Convention into account and add the international reporting system against any nuclear proliferation concerns into its assisting measures, the Management Act must comply with the Joint Convention to include the intergenerational justice in its objective part, and the Response Act needs to follow the guidelines of the Early Notification Convention and Assistance Convention so as to obligate the competent authority in Taiwan to notify other countries with the comprehensive report format once a nuclear incident occurs.
All in all, Taiwanese nuclear safety laws did an excellent job following the guidelines of the international nuclear safety conventions, but it requires future works to find out whether or not the provisions of those laws could be carried out completely by the administrative branch in Taiwan. Moreover, despite the good compliance with the international conventions, the intergenerational justice and early warning system to the neighboring countries once a nuclear accident happens shall be incorporated into Taiwanese nuclear safety laws as soon as possible.
Chapter 3.1., this thesis
After the comparison in between the international nuclear safety conventions and Taiwanese laws, Chapter 4 analyzed two case studies in Taiwan. In Chapter 4.1., this thesis discussed the license renewal application of the Jinshan Nuclear Power Plant. The main finding was that although Taiwanese nuclear power plants followed the instructions of the USNRC, unlike the license renewal application process in the US, both the public hearing and the environmental review were inadequate in Taiwan. While the license expiration dates are approaching, the Taiwanese Atomic Energy Council should urgently tackle this issue. This thesis suggested that the confidentiality provided in both the Nuclear Safety Convention and the Regulation Act in Taiwan shall be abolished so that there would be adequate public hearings to review the potential safety and environmental threats before the operating license is renewed. Meanwhile, this thesis recommended that Taiwan should seek for the international technical cooperation to deal with the nuclear proliferation issues, radiological concerns, and environmental impacts of the domestic reactor facilities. In addition to the license renewal problems, Chapter 4.2. discussed the decommissioning of nuclear stations since Taiwan is now facing its first ever decommissioning of the earliest reactor facility.
Despite the existing laws and procedures, many urgent issues have yet to be resolved such as the disposal of high-level radioactive wastes, the prevention of complex natural disasters, and the potential radiological release to the environment. In order to cope with the issues, this thesis suggested that Taiwan could learn from the advanced nuclear waste treatment technique from France through the channel of international technical cooperation. Rather than transforming the cask loading pool into additional storage pool for radioactive wastes, it would be much better to apply the French technique which reused and recycled 94% of spent fuel and reduced significant amount of high-level radioactive wastes. Moreover, by adding the intergenerational justice into the Management Act, the competent authority and operating licensee in Taiwan would both seriously do the research and come up with the policy that focuses on the preservation of the environment.
To sum up, this thesis highly appreciates that the international nuclear safety conventions have already covered a comprehensive scope of nuclear activities, and the nuclear safety laws in Taiwan show excellent compliance with the conventions. However, the research sincerely recommends that the international nuclear safety conventions shall be increased with the number of assistant missions while better defining the equitable measures, the nuclear safety laws in Taiwan must be promptly enhanced in terms of intergenerational justice and the early warning systems to the neighboring countries, and the issues revealed by the case studies should be resolved according to the recommendations of this study on the conventions and domestic laws.
Hopefully in this way, the nuclear safety regime worldwide could be effectively improved and permanently secured once and for all.
Reference
1. Alexandrov, S. A. (2006). The Compulsory Jurisdiction of the International Court of Justice: How Compulsory Is It? Chinese Journal of International Law, 5(1), 29–38. https://doi.org/10.1093/chinesejil/jml008
2. Allee, T. L. and Huth, P. K. (2006). Legitimizing Dispute Settlement:
International Legal Rulings as Domestic Political Cover. American Political Science Review, 100(2), 219—234.
3. Association for Employment Injuries in Taiwan (2012). Nuclear Waste Storage Facility in Orchid Island, Taitung, Taiwan Threatens the Health of Workers and Tao People. Retrieved from:
https://www.coolloud.org.tw/node/67091 (中華民國工作傷害受害人協會 (2012)。蘭嶼核廢料儲存廠迫害作業工人、達悟族人生命健康。檢自:
https://www.coolloud.org.tw/node/67091)
4. Atomic Energy Council (2015). Q and A for the Transformation of Cask Loading Pool into Spent Fuel Pool in the Kuosheng Nuclear Station.
Retrieved from:
https://www.aec.gov.tw/webpage/control/nuclear/files/index_20_5-01.pdf (行政院原子能委員會(2015)。「核二廠燃料廠房三樓裝載池設備修改及安裝
工作」申請案常見問答集。檢自:
https://www.aec.gov.tw/webpage/control/nuclear/files/index_20_5-01.pdf) 5. Atomic Energy Council (2018). License Renewal of the Jinshan Nuclear
Power Plant. Retrieved from: https://www.aec.gov.tw/核能管制/運轉中電廠
6. Atomic Energy Council (2019). Final Disposal of High-level Radioactive Wastes. Retrieved from: https://www.aec.gov.tw/便民專區/民眾常見問答集 /放射性物料管理/放射性廢棄物最終處置--220_237_2275_362.html (行政
院原子能委員會(2019)。高放射性廢棄物最終處置。檢自:
https://www.aec.gov.tw/便民專區/民眾常見問答集/放射性物料管理/放射性 廢棄物最終處置--220_237_2275_362.html)
7. Atomic Energy Law (1971). (原子能法(1971)。)
8. Burns, G. S. (2018). The impact of the major nuclear power plant accidents on the international legal framework for nuclear power. In Nuclear Law Bulletin No. 101 (Nuclear Energy Agency, Organization for Economic Co-operation and Development Ed., pp. 7-30). (Nuclear Law Bulletin, No. 101). Boulogne-Billancourt, France: OECD/NEA.
9. Canfa, W. (2007). Chinese Environmental Law Enforcement: Current Deficiencies and Suggested Reforms. Vermont Journal of Environmental Law, 8, 159-193.
10. Chang, M.-C. and Hu, J.-L. (2011). Inconsistent preferences in
environmental protection investment and the central government‘s optimal policy. Applied Economics, 43 (6), 767-772.
11. Chen, W.-Z. (2017). Procedural Defect—Environmental Groups would File a Petition against the Transformation of Cask Loading Pool into Spent
Fuel Pool in the Kuosheng Nuclear Station. Retrieved from:
https://e-info.org.tw/node/205327 (陳文姿(2017)。未審先發包-核二廠「裝
載池」改裝放用過核燃料，環團將提訴願。檢自:
https://e-info.org.tw/node/205327)
12. Chen, W.-Z. (2017). Unit 1 of Kuosheng Nuclear Station would Restart in Early June. Retrieved from: https://e-info.org.tw/node/205325 (陳文姿 (2017)。核二廠一號機預計六月上旬重啟。檢自:
https://e-info.org.tw/node/205325)
13. CHEN, Y., WANG, C., & LIN, S. (2008). A multi-objective geographic information system for route selection of nuclear waste transport☆.
Omega, 36(3), 363–372. https://doi.org/10.1016/j.omega.2006.04.018 14. Cheng, M.-S. and Jhang, H.-D. (2011). An Examination on Taiwanese Nuclear Liability Laws (plans_04_e-100_03). Taipei, Taiwan: Library of Soochow University. (程明修主持(2011)。我國核子損害賠償法制度之研修 (行政院原子能委員會研究計畫期末報告，plans_04_e-100_03)。臺北，東
吳大學圖書館。)
15. Chinese Television Service (2015). The Broken Fuel Handlebar in the Jinshan Nuclear Station already cost 1.5 Billion NT Dollars. Retrieved from: http://news.cts.com.tw/cts/politics/201503/201503081590429.html (華視新聞(2015)。核一廠燃料把手鬆脫，已花 15 億。檢自:
http://news.cts.com.tw/cts/politics/201503/201503081590429.html) 16. Deutch, J. M. (1992). The New Nuclear Threat. Foreign Affairs, 71 (4),
120-134.
17. Di Nucci, M. R., & Isidoro Losada, A. M. (2015). An Open Door for Spent Fuel and Radioactive Waste Export? In Nuclear Waste Governance (pp.
79–97). Springer Fachmedien Wiesbaden.
https://doi.org/10.1007/978-3-658-08962-7_3
18. Du, Y. and Parsons, J. E. (2009). Update on the Cost of Nuclear Power (09-004). Massachusetts, MA: A Joint Center of the Department of Economics, MIT Energy Initiative, and Sloan School of Management.
19. Fan, B.-N. and Ban, P. (2008). Government Waste in China and
Countermeasures. Journal of Zhejiang University, 38 (6), 49-56. (范柏乃、
班鵬(2008)。政府浪費與治理對策研究。浙江大學學報, 38 (6), 49-56.)
20. Gawande, K., & Jenkins-Smith, H. (2001). Nuclear Waste Transport and Residential Property Values: Estimating the Effects of Perceived Risks.
Journal of Environmental Economics and Management, 42(2), 207–233.
https://doi.org/10.1006/jeem.2000.1155
21. Hamilton, A., Waterson, B., Cherrett, T., Robinson, A., and Snell, I. (2013).
The evolution of urban traffic control: changing policy and technology, Transportation, Planning and Technology, 36 (1), 24-43.
22. Harrar, J. E., Carley, J. F., Isherwood, W. F., and Raber, E. (1990). Report of the Committee to Review the Use of J-13 Well Water in Nevada Nuclear Waste Storage Investigations. Virginia, VA: National Technical Information Service, US Department of Commerce.
23. Hawthorne, M. and Tribune Reporter. (2011). Millions of Great Lakes fish killed in power plant intakes. Retrieved from:
https://www.chicagotribune.com/news/ct-met-great-lakes-fish-kills-201106 14-story.html?outputType=amp
24. Henckaerts, J. M., Doswald-Beck, L., and Alvermann, C. (Eds.). (2005).
Customary international humanitarian law. Cambridge University Press.
25. Hunter, D., Salzman, J., and Zaelke, D. (2015). International Environmental Law and Policy. Minnesota, MN: Foundation Press.
26. International Atomic Energy Agency (1972). Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter. Vienna, Austria: International Atomic Energy Agency.
27. International Atomic Energy Agency (1979). Convention on the Physical Protection of Nuclear Material and Nuclear Facilities. Vienna, Austria:
International Atomic Energy Agency.
28. International Atomic Energy Agency (1986). Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency. Vienna, Austria: International Atomic Energy Agency.
29. International Atomic Energy Agency (1986). Convention on Early Notification of a Nuclear Accident. Vienna, Austria: International Atomic Energy Agency.
30. International Atomic Energy Agency (1994). Convention on Nuclear Safety.
Vienna, Austria: International Atomic Energy Agency.
31. International Atomic Energy Agency (1997). Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management. Vienna, Austria: International Atomic Energy Agency.
32. International Atomic Energy Agency (1997). Status lists of Early Notification Convention. Vienna, Austria: International Atomic Energy Agency.
33. International Atomic Energy Agency (1999). Survey of wet and dry spent fuel storage. Vienna, Austria: International Atomic Energy Agency.
34. International Atomic Energy Agency (2002). Preparedness and Response for a Nuclear or Radiological Emergency (IAEA Safety Standards Series No. GS-R-2). Vienna, Austria: International Atomic Energy Agency.
35. International Atomic Energy Agency (2003). IAEA Annual Report 2002.
Vienna, Austria: International Atomic Energy Agency.
36. International Atomic Energy Agency (2003). The Long Term Storage of Radioactive Waste: Safety and Sustainable. Vienna, Austria: International Atomic Energy Agency.
37. International Atomic Energy Agency (2004). IAEA Annual Report 2003.
Vienna, Austria: International Atomic Energy Agency.
38. International Atomic Energy Agency (2009). Predisposal Management of Radioactive Waste. Vienna, Austria: International Atomic Energy Agency.
39. International Atomic Energy Agency (2010). IAEA Annual Report 2009.
Vienna, Austria: International Atomic Energy Agency.
40. International Atomic Energy Agency (2011). IAEA Annual Report 2010.
Vienna, Austria: International Atomic Energy Agency.
41. International Atomic Energy Agency (2012). IAEA Annual Report 2011.
Vienna, Austria: International Atomic Energy Agency.
42. International Atomic Energy Agency (2015). Preparedness and Response for a Nuclear or Radiological Emergency (IAEA Safety Standards Series GSR Part 7). Vienna, Austria: International Atomic Energy Agency.
43. International Atomic Energy Agency (2018). IAEA Response and
Assistance Network (EPR-RANET 2018). Vienna, Austria: International Atomic Energy Agency.
44. International Atomic Energy Agency (2018). Regulations for the Safe Transport of Radioactive Material (2018 Edition). Vienna, Austria:
International Atomic Energy Agency.
45. International Atomic Energy Agency (2019). IAEA Annual Report 2018.
Vienna, Austria: International Atomic Energy Agency.
46. International Atomic Energy Agency (2019). Incident and Emergency Center. Retrieved from:
https://www.iaea.org/about/organizational-structure/department-of-nuclea r-safety-and-security/incident-and-emergency-centre
47. Jankowitsch-Prevor, O. (2006). The convention on nuclear safety. In The Convention on Nuclear Safety, In: International Nuclear Law in the Post-Chernobyl Period, A Joint Report by the OECD Nuclear Energy Agency and the International Atomic Energy Agency (pp. 155-168).
48. Jhang, D.-P. (2014). Nuclear Stations on Fault Lines. Retrieved from:
https://ourisland.pts.org.tw/content/地震帶上的核電廠 (張岱屏(2014)。地 震帶上的核電廠。檢自: https://ourisland.pts.org.tw/content/地震帶上的核電 廠)
49. Jiang, R.-T. (2013). Three Antidotes for Nuclear Waste Management.
Retrieved from: https://nuke.wikia.org/zh/wiki/核廢料處理的三⼤大法寶 (江仁台(2013)。核廢料處理的三大法寶。檢自:
https://nuke.wikia.org/zh/wiki/核廢料處理的三⼤大法寶)
50. Jiang, Y.-M. (2018). Opinions of the Local Residents who live near the Jinshan Nuclear Station. Retrieved from:
https://www.twreporter.org/a/opinion-living-near-nuclear-power-plants (江
櫻梅(2018)。家離核電廠那麼近:一位金山人的無奈。檢自:
https://www.twreporter.org/a/opinion-living-near-nuclear-power-plants) 51. Kuramochi, T. (2015). Review of energy and climate policy developments
in Japan before and after Fukushima. Renewable and Sustainable Energy Reviews, 43, 1320–1332. https://doi.org/10.1016/j.rser.2014.12.001 52. Nick, S. K. (2018). Today is yesterday‘s pupil: Reactor license renewal in
the United States. In Nuclear Law Bulletin No. 101 (Nuclear Energy Agency, Organization for Economic Co-operation and Development Ed., pp. 31-61). (Nuclear Law Bulletin, No. 101). Boulogne-Billancourt, France:
OECD/NEA.
53. Nuclear Emergency Response Act (2003). (核子事故緊急應變法(2003)。) 54. Nuclear Reactor Facilities Regulation Act (2003). (核子反應器設施管制法
(2003)。)
55. Peng, W.-H. (2015). An Investigation on the Risk Management
Regulations of Taiwanese Nuclear Power Plants—from the Viewpoint of Regulatory Framework and Procedures. Chiayi, Taiwan: Department of Law, National Chung-Cheng University. (彭惟欣(2015)。我國核能電廠風險
Regulations of Taiwanese Nuclear Power Plants—from the Viewpoint of Regulatory Framework and Procedures. Chiayi, Taiwan: Department of Law, National Chung-Cheng University. (彭惟欣(2015)。我國核能電廠風險