Editorial note

The IAEA Code of Practice on the International Transboundary Movement of Radioactive Waste arose in part out of public reaction to unauthorised transboundary movement of radioactive waste to developing countries and concerns over how such wastes were managed and disposed of. The basic principles of the Code are that each State should minimise the amount of radioactive waste it produces (paragraph 2) and that any radioactive waste under its jurisdiction or control should be ‘safely managed and disposed of’ so as to protect human health and the environment (paragraph 1).

Against this background, the Code affirms the sovereign right of every State to prohibit the movement of radioactive waste on its territory (paragraph 3). If a Statedoes choose to involve itself in the transboundary movement of suchwaste, it should ensure that this takes place according to ‘international safety standard’ (paragraph 4) and, subject to the relevant rules of international law, after the sending, receiving and transit States have all been notified of such movement and given their consent (paragraph 5). States should establish an authority to regulate the transboundary movement of radioactive waste (paragraph 6) and should not permit the receipt of such waste unless it can manage and dispose of it in accordance with ‘international safety standards’ (paragraph 7). A corresponding duty is placed on the sending State who should be satisfied, prior to shipment and on the basis of the receiving State's consent, that the receiving State can manage and dispose of the waste according to ‘international safety standards’ (paragraph 7).