Marine transportation of irradiated nuclear fuel, plutonium and radioactive wastes: the continuing debate on regulatory measures

The prospect that the maritime transportation of irradiated nuclear fuel (I NF), plutonium and radioactive wastes can be expected to continue for the f oreseeable future, together with widely expressed concern that an accident may occur to a ship carrying such cargo, has meant that regulatory safeguar ds have come under intense scrutiny in recent years. The paper describes th e actions taken by the International Maritime Organisation (IMO) aimed at e nsuring the safety of ships engaged in such activity, culminating in the de cision of its Maritime Safety Committee (MSC) in May 1999 to make complianc e with the INF Code mandatory. In relating the above progress, the paper dr aws attention to a number of issues raised by Governments in the IMO which have so far gone unaddressed, these issues having also been highlighted in responses to a questionnaire circulated to coastal states. The paper review s the legal issues associated with the right of emergency access to a forei gn port by a ship transporting nuclear materials, the availability of a saf e haven being crucial in the event that critical repairs or salvage operati ons are necessary. Finally, the paper considers whether seabed characterist ics should be assessed in determining the routeing of such ships, bearing i n mind that ocean floor topography and water depth will be crucial in deter mining whether recovery of nuclear materials would be practicable in the ev ent of sinking of a ship. (C) 2000 Elsevier Science Ltd. All rights reserve d.