Introduction

The global transition towards low-carbon energy systems has accelerated the search for reliable, sustainable and climate-resilient electricity generation technologies.¹ In response to increasing energy demand, climate change obligations, and the need to diversify national energy portfolios, many States are reconsidering the role of nuclear energy as part of their long-term energy strategies. This renewed interest is supported by international efforts to achieve the Sustainable Development Goals, particularly Goal 7 on affordable and clean energy and Goal 13 on climate action, while simultaneously ensuring that nuclear technology is developed exclusively for

peaceful purposes under strict international legal supervision.²

Among the emerging nuclear technologies, Small Modular Reactors (SMRs) have attracted considerable attention because they promise enhanced safety features, modular construction, lower initial capital investment, and greater flexibility for countries with relatively small electricity grids. Unlike conventional large-scale nuclear power plants, SMRs are designed to be factory-manufactured, transported to deployment sites, and assembled using standardized modules, thereby reducing construction risks and improving operational efficiency.³

Although SMRs remain subject to the same fundamental principles of nuclear safety, security and safeguards as traditional reactors, their innovative characteristics present new legal and regulatory questions concerning licensing procedures, environmental protection, emergency preparedness, radioactive waste management, operator liability and regulatory oversight.⁴ Consequently, the successful deployment of SMRs depends not only upon technological

 

 

¹ Gan, Kai Ernn, et al. “Enhancing renewable energy systems, contributing to Sustainable Development Goals of United Nation and building resilience against climate change impacts.” Energy Technology 11.11 (2023): 2300275.

² United Nations General Assembly, Transforming our World: the 2030 Agenda for Sustainable Development UNGA Res 70/1 (25 September 2015); International Atomic Energy Agency (IAEA), Climate Change and Nuclear Power 2024 (IAEA 2024).

³ International Atomic Energy Agency, Advances in Small Modular Reactor Technology Developments (2024 Edition, IAEA 2024).

⁴ International Atomic Energy Agency, Governmental, Legal and Regulatory Framework for Safety (IAEA Safety Standards Series No GSR Part 1 (Rev 1), IAEA 2016).

 

readiness but equally upon the existence of a comprehensive legal and institutional framework capable of ensuring compliance with international nuclear law.

For developing countries seeking to expand electricity generation while pursuing sustainable industrial development, Small Modular Reactors (SMRs) present an increasingly attractive policy option. Rwanda has emerged as one of the African States actively exploring nuclear energy as part of its long-term strategy for achieving energy security, industrialisation and sustainable economic transformation under Vision 2050 and the Second National Strategy for Transformation (NST2).⁵ In collaboration with the International Atomic Energy Agency (IAEA), Rwanda has progressively strengthened its institutional and regulatory capacity and is currently advancing through Phase 2 of the IAEA Milestones Approach, a stage dedicated to establishing the legal, regulatory, technical and institutional infrastructure required before a State commits to the construction of a nuclear power programme.⁶

Rwanda’s progress is evidenced not only by policy commitments but also by the gradual

development of a domestic nuclear regulatory framework. The establishment of the Rwanda Atomic Energy Board (RAEB) under Presidential Order No 127/01 of 3 December 2020 marked a significant institutional step towards coordinating the country’s peaceful nuclear energy programme and advising the Government on nuclear policy and infrastructure development.⁷ More recently, the Rwanda Utilities Regulatory Authority (RURA), acting as the national nuclear regulator, has adopted specialised regulations governing key aspects of nuclear governance.

These include Regulation No 005/R/RS-NRP/RURA/2021 of 16 November 2021 on the Transport of Nuclear and Other Radioactive Material, Regulation No 008/R/NS-

NRP/RURA/2023 of 19 June 2023 Governing Physical Protection of Nuclear Materials and Nuclear Installations, and Regulation No 010/R/NS-NRP/RURA/2024 of 30 July 2024 Governing Nuclear Safeguards.⁸

 

 

⁵ Ministry of Finance and Economic Planning (MINECOFIN), Second National Strategy for Transformation (NST2) 2024–2029 (2024) minecofin.gov.rw accessed 14 July 2026.

⁶ International Atomic Energy Agency (IAEA), Integrated Nuclear Infrastructure Review (INIR) Phase 1 Report: Rwanda (delivered 20 May 2026) http://www.iaea.org accessed 14 July 2026.

⁷ Presidential Order No 127/01 of 3 December 2020 Establishing Rwanda Atomic Energy Board, official Gazette n° Special of 04/12/2020

⁸ Regulation No 005/R/RS-NRP/RURA/2021 of 16 November 2021 on Transport of Nuclear and Other Radioactive Material; Regulation No 008/R/NS-NRP/RURA/2023 of 19 June 2023 Governing Physical Protection of Nuclear

 

This article therefore examines Rwanda’s legal and regulatory preparedness for the deployment of Small Modular Reactor technology within the framework of the IAEA Milestones Approach. It analyses the extent to which Rwanda’s existing legal and institutional arrangements satisfy internationally accepted principles of nuclear governance, identifies existing legislative and regulatory gaps, and draws comparative lessons from jurisdictions that have developed legal frameworks specifically accommodating SMR technologies. Ultimately, the article argues that while Rwanda has demonstrated significant political commitment towards the peaceful use of

nuclear energy, the successful deployment of SMRs will require the adoption of a comprehensive nuclear energy law, the strengthening of regulatory independence, and closer alignment with international nuclear legal instruments and IAEA safety stand

2.  Small Modular Reactors (SMRs) and Rwanda’s Nuclear Development under the IAEA Milestones Approach

Small Modular Reactors (SMRs) are advanced nuclear reactors with an electrical generating capacity generally not exceeding 300 MW(e) per unit, considerably smaller than conventional nuclear power reactors. Their distinguishing characteristics include modular manufacturing, scalable deployment and the incorporation of advanced passive safety systems that rely on natural physical processes, rather than active mechanical intervention, to maintain reactor safety during operational disturbances.⁹ These technological innovations have positioned SMRs as an attractive option for countries seeking to introduce nuclear energy without the significant

financial, infrastructural and grid requirements associated with traditional large-scale nuclear power plants.¹⁰

SMRs incorporate several engineering innovations intended to improve operational performance and reactor safety. Most advanced designs utilise passive safety systems, which rely on natural physical phenomena such as gravity, natural circulation, convection and compressed gases to maintain reactor cooling during abnormal operating conditions. Unlike conventional reactors that

Materials and Nuclear Installations; Regulation No 010/R/NS-NRP/RURA/2024 of 30 July 2024 Governing Nuclear Safeguards.

⁹ International Atomic Energy Agency, Advances in Small Modular Reactor Technology Developments (2024 edn, IAEA 2024); International Atomic Energy Agency, Small Modular Reactors: Nuclear Power for the Future (IAEA 2023).

¹⁰ Nøland, Jonas Kristiansen, et al. “Overview of small modular and advanced nuclear reactors and their role in the energy transition.” IEEE Transactions on Energy Conversion 40.3 (2025): 1933-1945.

 

depend primarily on electrically powered pumps and active mechanical systems, passive safety mechanisms function with minimal operator intervention or external power supply, significantly reducing the likelihood of core damage during emergency scenarios.¹¹ This design philosophy contributes to enhanced defence-in-depth by integrating multiple independent and redundant safety barriers throughout the reactor system.¹²

Beyond electricity production, advanced SMR technologies are being developed for a broad range of industrial applications. Their high-temperature thermal output can support hydrogen production, district heating, desalination, process heat for heavy industries, and cogeneration systems that simultaneously generate electricity and usable heat.¹³ Several reactor concepts are also designed for deployment in remote or isolated regions where conventional large-scale

nuclear plants are technically or economically impractical. These diverse applications have expanded the strategic importance of SMRs as multifunctional energy systems capable of supporting decarbonisation, industrial development and long-term energy security.¹⁴

Here is below image (1.1), that explain the SMR,

 

¹¹ Lim, Sang Gyu, et al. “Design characteristics of nuclear steam supply system and passive safety system for Innovative Small Modular Reactor (i-SMR).” Nuclear Engineering and Technology 57.10 (2025): 103697.

¹² International Atomic Energy Agency, Advances in Small Modular Reactor Technology Developments (n 1); OECD Nuclear Energy Agency, Small Modular Reactors: Challenges and Opportunities (OECD Publishing 2021).

¹³ Beyond electricity production, advanced SMR technologies are being developed for a broad range of industrial applications

¹⁴ International Atomic Energy Agency, Advances in Small Modular Reactor Technology Developments (n 1); OECD Nuclear Energy Agency, Small Modular Reactors: Challenges and Opportunities (OECD Publishing 2021).

 

3.  Legal and Regulatory Challenges in the Deployment of Small Modular Reactors

 

Despite their technological advantages, the deployment of Small Modular Reactors (SMRs) presents significant legal and regulatory challenges that extend beyond engineering

considerations. Unlike conventional energy infrastructure, nuclear power projects require a comprehensive legal framework governing the entire lifecycle of a nuclear installation, including site selection, licensing, construction, operation, radioactive waste management,

decommissioning and civil liability.¹⁵ Many jurisdictions exploring SMR technology continue to rely upon legislative frameworks originally developed for conventional large-scale nuclear reactors, which often fail to address the unique characteristics of modular construction, factory fabrication, phased deployment and innovative reactor designs. Consequently, legal uncertainty remains one of the principal barriers to the commercial deployment of SMRs, particularly in newcomer States establishing nuclear programmes for the first time.¹⁶

One of the most significant challenges is the absence of comprehensive nuclear legislation

specifically governing SMRs. A fragmented regulatory framework creates uncertainty regarding licensing procedures, operator responsibilities, emergency preparedness, decommissioning

obligations and long-term radioactive waste management. Equally important is the need for an independent nuclear regulatory authority capable of exercising its statutory mandate free from political influence or institutional conflicts of interest, consistent with the principle of regulatory independence recognised by the International Atomic Energy Agency (IAEA).¹⁷ Another

persistent gap concerns the civil liability regime applicable to nuclear damage. Since SMRs introduce novel deployment models and ownership arrangements, existing liability legislation in many jurisdictions may not adequately allocate financial responsibility, establish mandatory insurance requirements or provide effective compensation mechanisms in the event of a nuclear incident. These challenges demonstrate that technological innovation must be accompanied by

 

¹⁵ Ghimire, Lekhnath, and Edward Waller. “Small modular reactors: opportunities and challenges as emerging nuclear technologies for power production.” Journal of Nuclear Engineering and Radiation Science 9.4 (2023): 044501.

¹⁶ International Atomic Energy Agency, Milestones in the Development of a National Infrastructure for Nuclear Power (Rev 1, IAEA Nuclear Energy Series No NG-G-3.1, 2015); International Atomic Energy Agency, Advances in Small Modular Reactor Technology Developments (2024 edn, IAEA 2024).

¹⁷ International Atomic Energy Agency, Governmental, Legal and Regulatory Framework for Safety (IAEA Safety Standards Series No GSR Part 1 (Rev 1), IAEA 2016) paras 2.1–2.15; Carlton Stoiber and others, Handbook on

Nuclear Law (IAEA 2003).

 

corresponding legislative reform to ensure that advances in reactor technology are matched by equally robust systems of legal governance.

Judicial practice has further confirmed that nuclear regulation must remain firmly grounded in statutory authority and scientific evidence rather than administrative discretion. In Nuclear Energy Institute, Inc v Environmental Protection Agency, the United States Court of Appeals for the District of Columbia Circuit held that the Environmental Protection Agency acted unlawfully by adopting a regulatory standard for the long-term disposal of spent nuclear fuel that was

inconsistent with the scientific recommendations required under the Energy Policy Act of 1992.¹⁸

 

The Court emphasised that nuclear regulatory authorities cannot depart from legislative mandates governing public health and environmental protection merely because of policy

preferences. Although the dispute concerned geological disposal of radioactive waste rather than Small Modular Reactors, the legal principles articulated by the Court possess direct relevance for SMR deployment. Future licensing of SMRs will likewise require regulators to ensure that

decisions concerning reactor safety, radioactive waste management, environmental protection and decommissioning are supported by clear statutory authority and internationally accepted scientific standards. As advanced reactor technologies continue to evolve, the judgment

illustrates that innovation cannot diminish the legal obligation to maintain rigorous regulatory oversight, evidence-based decision-making and effective judicial review.¹⁹

4.  Recommendations

 

To facilitate the safe deployment of Small Modular Reactors (SMRs), States should adopt a comprehensive Nuclear Energy Act specifically addressing advanced reactor technologies. Rather than adapting legislation designed for conventional nuclear power plants, the legal framework should regulate the entire lifecycle of SMRs, including licensing, construction,

operation, decommissioning and radioactive waste management. Canada’s Nuclear Safety and Control Act, together with the Canadian Nuclear Safety Commission’s Vendor Design Review

 

 

 

¹⁸ Nuclear Energy Institute, Inc v Environmental Protection Agency 373 F 3d 1251 (DC Cir 2004).

¹⁹ Nuclear Energy Institute, Inc v Environmental Protection Agency 373 F 3d 1251, 1319–1325 (DC Cir 2004); Energy Policy Act of 1992, Pub L No 102-486, 106 Stat 2776, s 801.

 

(VDR) process, provides a practical model by allowing early regulatory assessment of reactor designs before formal licensing.²⁰

States should also establish or strengthen an independent nuclear regulatory authority in accordance with the IAEA principle of regulatory independence. The regulator should be institutionally separate from bodies responsible for promoting or operating nuclear energy to ensure impartial licensing, effective safety oversight and public confidence.²¹

Finally, national legislation should incorporate a modern nuclear liability regime consistent with the 1997 Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage or the Convention on Supplementary Compensation for Nuclear Damage.²² Such legislation should clearly define operator liability, mandatory financial security and compensation mechanisms for victims of nuclear damage. These reforms would provide a coherent legal foundation for SMR

deployment while enabling newcomer States, including Rwanda, to align their domestic legal frameworks with internationally recognised nuclear governance standards.²³

5.  Conclusion

 

Small Modular Reactors represent a transformative advancement in nuclear energy, offering enhanced safety, flexibility and scalability for future electricity generation. However, their

successful deployment depends not only on technological innovation but also on robust legal and regulatory frameworks that ensure effective licensing, independent oversight and adequate

liability mechanisms. As global interest in SMRs continues to grow, aligning domestic legislation with international nuclear law, IAEA safety standards and comparative best practices will be essential to ensuring that the expansion of advanced nuclear technologies is safe, secure and

legally sustainable.

 

 

 

²⁰ Nuclear Safety and Control Act SC 1997 c 9 (Canada); Canadian Nuclear Safety Commission, Vendor Design Review (REGDOC-3.5.4, CNSC 2023).

²¹ Michel, Eric. “Significant Legal Developments concerning” Independent” Regulatory Agencies in the United States and What It Could Mean for the Nuclear Regulatory Commission.” Nuclear L. Bull. 107 (2021): 13.

²² Convention on Supplementary Compensation for Nuclear Damage (adopted 12 September 1997, entered into force 15 April 2015) 3049 UNTS 123.

²³ Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage (adopted 12 September 1997, entered into force 4 October 2003) 2241 UNTS 270; Convention on Supplementary Compensation for Nuclear Damage (adopted 12 September 1997, entered into force 15 April 2015) 2515 UNTS 3.