Study On International Legal System Of Nuclear Accident Risk Prevention

The international regime of nuclear accident risk prevention was created after the Chernobyl accident and then changed by the Fukushima crisis.In terms of content,representative international laws such as the Convention on Nuclear Safety and international organizations mainly composed of the IAEA provide the international community with safety technical programs,set up an information exchange platform,assess the safety level of the nuclear industry of member states,and establish the issue of liability for cross-border damage.While the international legal system of nuclear accident risk prevention has achieved positive effects,it also has some shortcomings.First of all,the binding force of international treaties is weak,the universality and coordination are insufficient,and the withdrawal clause is too simplified.Secondly,intergovernmental international organizations perform their functions beyond the barrier of national sovereignty,and non-governmental international organizations lack the subject status.Third,regional and international cooperation is not smooth,and experts have not implemented the avoidance of interests.Finally,the international community has not given full play to the governance function of soft law.Therefore,the improvement of the international legal system of nuclear accident risk prevention should be promoted from the two aspects of standardization and implementation.The former includes soft international law and traditional international hard law.In terms of hard laws,we should actively promote regional cooperation and the establishment of relevant international organizations,improve the mechanism for withdrawing from the Convention,introduce avoidance procedures in expert review,and improve the liability mechanism for damage compensation.In terms of soft law,it is necessary to give full play to its advantages of strengthening the binding force of treaties and accelerating the formation of customary international law,timely fill the gaps in international law through UN General Assembly resolutions,promote systematic nuclear energy safety technology programs,establish a regular assessment and clearing mechanism,and eliminate lagging provisions of soft law.Finally,the IAEA should increase the enthusiasm of member states to implement the treaty through dual incentive measures and provide technical assistance to enhance the capacity of member states to implement the treaty.