VI Indonesian Journal of International & Comparative Law 287-326 (April 2019)
Radioactivity is a natural feature of the environment. It is a phenom-
enon that has many benecial applications, such as power generation
and uses in medicine.1 Risks to people and the environment are a by-
product that coincides with the use of radioactive material to reap its
useful application. Risk of danger and misuse needs to be controlled
and addressed to minimize the negative side eects of the benecial
uses.2 Regulating the safety of radioactive materials is a national re-
sponsibility, but radiation risks can transcend borders and cause eects
on an international level.3
e safe disposal of radioactive waste and spent fuel, continues to
be a problem faced by countries that use nuclear power for electricity
generation and those that use radioactive material for medical,
research, and industrial purposes.4 e main concern stems from long-
lived radioactive waste that requires special treatment to make sure it
is isolated from people and the biosphere long enough for the decay of
radioactivity.5 Generally, it is accepted that the only method to manage
long-lived waste eectively is to permanently dispose of it in a geological
repository6 e repository will be lled with radioactive waste until it
is full, then eventually sealed and closed to hold the radioactive waste.7
Despite this widespread acknowledgement, long-lived waste continues
1. Int’l Atomic Energy Agency [IAEA], IAEA Safety Standards Series No. SSR-
14: Geological Disposal Facilities For Radioactive Waste, at vii, IAEA Doc. STI/
PUB/1483 (Sept. 2011).
2. Id .
3. Int’l Atomic Energy Agency [IAEA], Framework and Challenges for Initiating
Multinational Cooperation for the Development of a Radioactive Waste Reposi-
tory, at 1, IAEA Doc. No. NW-T-1.5 (Mar. 2016).
4. Id .
5. Id .
6. Id . A geological repository is an underground geological facility that is con-
structed through excavation to hold and process radioactive materials for per-
manent disposal. Id.
7. Henry Fountain, On Nuclear Waste, Finland Shows U.S. How It Can Be Done,
T N Y T (June 9, 2017), https://www.nytimes.com/2017/06/09/