Nuclear Energy Law

Kenya is in the early stages of implementing a programme that will introduce nuclear power into its energy mix. 1 Nuclear power is primed to meet the energy needs required to attain the country's economic goals and objectives set out in Vision 2030 2 : Kenya's development policy that aims to transform the country into a middle income country by 2030. 3

https://brill.com/view/title/32727 
The book 'The European Atomic Energy Community in the European Union Context: The 'Outsider' Within' explores the unique nature of the Euratom Community as an entity that establishes a supranational regulation in the civil nuclear industry, which, while formally belonging to the European Union construct, is coincidentally somewhat kept ‘outside’ the mainstream developments in the Union. The book surveys Euratom’s status as an ‘outsider within’ the European Union through the correlation between the principles and mechanisms particular to the functioning of the Euratom legal framework and those devised under the Union framework stricto sensu, focusing on two specific areas - nuclear safeguards and health and safety in the nuclear domain.

Book Outline
I  Nature and Specificity of Euratom: The Claim for Supranationality
II Interaction between the Euratom Health and Safety Policy and the Union Environmental Policy
III Euratom and Environmental Democracy: EU Citizens' Access to Information and Participation in Environmental Decision-Making in the Nuclear Arena
IV Euratom and Non-Proliferation of Nuclear Weapons
V  Taking Stock of the Present and Mapping Out the Road Ahead

Nuclear energy is one of the most important components of the world electricity supply in today's world. It provides approximately 21% of electricity in OECD countries. However, there has been a growing social and academic debate over the use of nuclear energy because the fact that there have been serious incidents and accidents at nuclear power stations indicates that the security risk associated with NPPs is not low. Particularly major nuclear accidents, Fukushima and Chernobyl, can cause the release of radiation into the environment. However, environmental contamination is not shared equally among people who trigger environmental injustice issues. There has been no comprehensive research that investigates nuclear accidents from the perspective of environmental justice theory so far. The main purpose of this study is to argue whether or not nuclear accidents cause environmental injustice. The results show that the major nuclear accident, the Chernobyl, has caused distributive and intergenerational environmental injustice.

Turkey intends to build three nuclear power stations in the Akkuyu, Sinop and Igneada regions to meet its increasing energy demands. This policy, however, is still a highly controversial topic in Turkey as nuclear energy has both advantages and disadvantages. The related literature on this topic is divided into two groups; supporters claim that nuclear energy may decrease Turkey's energy dependency on other countries, as it already imports approximately 70% of its total energy demand. In contrast, opponents argue that nuclear energy poses serious risks to the environment, which in turn can affect human health and lives. This discussion is, however, held mainly by decision makers, NGOs, the media and scholars. The related literature shows that we know little about how the civil populace perceive the pros and cons of NPPs. In order to fill in this gap, this research aims to explore citizens’ perceptions of the advantages and disadvantages of NPPs through semi-structured interviews with people local to the Akkuyu, Sinop and Igneada regions. It concludes that people are well informed about pros and cons of NPPs. They raise three main advantages including cheap electricity, low carbon dioxide and reliability, and two disadvantages, including issues of nuclear waste and the risk of accident.

The legal concept and the doctrinal theory of state responsibility and liability have
been in the focus of public international law for a long while. By means of domestic legislation,
national law–regardless of the relevance of the international legal framework–governs
the system of civil liability within the area of civil law of each state. Whereas, as opposed to
the framework of civil liability governed by diverse domestic rules, exclusively a standard
regulation framed at an inter-state level can secure a uniform system of state liability. The issue
of state responsibility for nuclear damages raises specific questions to be examined in the
framework of general international regulations (e.g., Conventions adopted within the area of
nuclear law) related to responsibility and liability. Thus, answering or the clarification of these
specific pivotal questions within the scope of public international law shall be our starting
point, which may also entail the modification of the matter of state responsibility and liability
(not only in the concerned branch of law).

This work compiles primary and secondary legislation, soft-law, case-law and other documents relating to the regulation of peaceful and non-peaceful nuclear activities and of ionizing radiation at the EU level. It includes individual and global analysis of all the case law of the European Court of Justice relating to Nuclear Law.

Both the Czech and Slovak Republic announced their plans to play an important role in the process of "nuclear renaissance" in Central Europe. However, this process cannot be limited to a mere multiplication of nuclear facilities, but must be accompanied by strengthening of the legal and regulatory framework. Taking the potential magnitude of a nuclear incident into regard, strengthening of the existing legal framework for the nuclear third party liability must play an eminent role in this legislation. This paper deals with the current liability frameworks in both countries, analysing the implementation of their commitments arising from the Vienna Convention on Civil Liability for Nuclear Damage of 1963. Further, it points out major challenges for the future development in this field, in particular taking the provisions of the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage of 1997 into regard.

Nuclear energy is the third most common energy source after fossil fuels and renewable energy worldwide. Nuclear energy provides about 10% of the world's electricity currently. However, there has been a growing discussion over nuclear energy because of its risks and benefits. Supporters argue that nuclear energy does not release direct greenhouse gas emissions which is considered a solution to global warming. Opponents claim that nuclear energy pose risks to the environment and public health due to the potential nuclear accident events. There are hard and soft nuclear energy laws that regulate nuclear safety at the international level. However, the latest nuclear accident, The Fukushima nuclear accident, shows that international nuclear law could be not an effective tool to achieve nuclear safety all over the world. For this reason, the role of international nuclear law on nuclear safety stays questionable. The main purpose of this paper is to argue the weaknesses and strengths of international nuclear energy regulations to achieve nuclear safety and regulate nuclear accident related risks to the environment and public health.

The given scientific article deals with the influence of Dr. Zygmunt Switkowski on the issue of nuclear debate in the Commonwealth of Australia that has been especially active in this country at the turn of 20th century and in 2000s as well. From the author‘s point of view, it is necessary to expose the nature of this phenomenon and scrutinise the role of Dr. Ziggy Switkowski in this process, as an outstanding personality in the nuclear movement in Australia.

The main purpose of this article is to analyse the link between environmental issues and human rights. It investigates whether environmental dangers and degradation constitutes a violation of these rights. The concept of a right to life is central to debates concerning issues of increasing environmental hazards and degradation. Environmental hazards are at the root of human rights violations and represent a major threat to people's lives as well as to the sustenance of the next generation. The right to life can be denied by events and issues with environmental consequences, such as death caused by polluted air or acute exposure to radioactivity. To reach a conclusion the study focuses on the environmental effects of the Chernobyl nuclear disaster in 1986 on five fundamental human rights: the right to life, a safe environment, health, clean water and food. The study concludes that the direct environmental results of the Chernobyl accident has threatened fundamental human rights in the regions of Ukraine, Belarus and Russia and that a clean environment is requisite for the enjoyment of human rights.

The a tomic energy progra m initia ted in a modest manner and later developed into multi-dimensiona l orga nizations under DAE. The spectrum of significa nt activities includes resea rch a nd development in nuclear sciences a nd engineering, explora tion a nd mining of radioisotopes, nuclea r energy development a nd implementation, a pplica tion of nuclea r energy, bio-a gricultura l resea rch, medical sciences, etc. Though India a cknowledged the potentia l of nuclea r energy since independence, yet it ha s contributed little to its develo pment. It is required to ha ve the huge amount of energy requirement fo r India, in order to tra nsform into a developed na tion. Nuclea r power ha s the potentia l to sma ll fra ction of the total commercial energy consumed within India. The lia bility regimes for nuclea r da mage sha re two common fea tures i.e., channelling liability to the o perato r, ca pping this lia bility, a nd tra nsferring the fina l responsibility to compensa te the victims to the government. Having a dhered to the internationa l norms and standards, the la ws, rega rding atomic energy in India , appears to be in consona nce with the prescribed IAEA sta nda rds. 1 This essa y carefully eva lua tes and ana lyses the lega l fra mework perta ining to a tomic energy laws in India .] * Advoc ate, High Co urt of Delhi.

This paper investigates the legal barriers to apply project finance for building nuclear power plants. Countries such as the UK, Turkey and emerging economies (i.e. Malaysia and Indonesia) are increasingly seeking to attract private investors for nuclear projects using project finance. This is an innovative approach, and until now the only cases registered are Hinckley Point C in the UK and Akkuyu in Turkey. This paper scrutinises the mismatches between the requirements of project finance and nuclear law. Nuclear law introduces specific requirements affecting the security interest of private lenders, hindering the bankability of nuclear projects on a non-recourse basis. The paper emphasises that the performance-based regulatory approach is more compatible with project finance compared to the prescriptive based one. Furthermore, the paper examines the gaps between nuclear and holistic energy law, looking at the financing of energy infrastructures. Improving nuclear law enables to apply project finance to nuclear power plants, facilitating their deployment. Consequently, nuclear law plays a central role in promoting sustainable energy mixes characterised by reduced carbon emissions.

In late 2011 The Japanese Diet ratified four civil nuclear cooperation treaties, with Vietnam, Russia, Korea, and Jordan, adding them to the seven already in place with other countries, including China. The move was significant not only because of
the identity of the four nations concerned, but because it took place less than one year after the Fukushima nuclear incident, with a “cold shutdown” just announced and Japan still struggling to decide the fate of its nuclear industry. On the other and, Japan and India still have not managed to reach a nuclear civil cooperation agreement, which would be the last nail in the coffin of the 'Nuclear Apartheid' so bitterly denounced for years by Indian observers.

The study aimed to highlight the national efforts conducted to establish and sustain the nuclear safety and regulatory infrastructures required for the development of Sudan nuclear power program. Many progresses on the legal and regulatory framework achieved; the nuclear act drafted, the regulatory authority is created and many features of its independency were addressed. However many urging issues still need to be addressed in a timely manner to avoid any project delay that comes as a result of an improperly developed or incomplete regulatory processes.

After more than 50 years of a Euratom Community and despite detailed and wide-reaching European rules in neighbouring fields such as radiological protection, the European Union (EU) has so far been unable to adopt rules on the safety of nuclear installations and the management of nuclear waste. After highlighting the limitations of the existing international law in this field, this paper shows that the EU not only has the competency to act, but that such action is highly desirable. It then looks at past and current efforts to produce such EU regulations and analyses their characteristics and the reasons why they are being blocked by a minority of Western member states. A method is proposed to analyse the varying proposals and their inherent usefulness and desirability.

Severe nuclear plant accidents have made adverse impact on nuclear safety in the world (Organization for Economic Co-operation and Development, 2010). As a result, a few leading
countries` reactions were distinguishing. Germany, for instance, agreed on Nuclear Act accepted in 2002, which should bring the phase-out process for nuclear power by the year 2021 (Germany: Going nuclear? 2008). As long as government plays a decisive role in formulating mass opinion, some matters of the document`s birth should be taken into account. In fact, the Nuclear Act vetoed Germany to expand nuclear power generation (Germany: Going nuclear? 2008). Additionally, all 17 operating nuclear plants around the country have to be closed till the beginning of a second decade, as was agreed by two major parties in the period of new government formation. Originally, these are Social Democratic Party of Germany and the Green Party, mainly consisting of environment and peace defenders (ibid). Actually, the presence of environmentalists` direct voice in Parliament explains the prejudice towards nuclear energy in German society. Germany`s current rejection of nuclear power seems unreasonable and probably has to be reconsidered while looking into three important areas: economics, safety and
environment.

Th is paper presents a global outlook on the evolution of the case-law of the European Court of Justice and of the European General Court related to Nuclear Law, focusing specifically on the cases handled since 2000. On the one hand, general trends are identified and discussed. On the other hand, each case is individually summarized and assessed, inclusively by reference to doctrine concerning them.

Assessing Nigeria’s legal and regulatory readiness for nuclear energy investments and potential disputes

Chinenyendo Nriezedi-Anejionu*

Abstract
Current trend in nuclear power plants (NPP) financing is increasing the relevance of international investment law in the sector. Lethargic power supply in Nigeria has led the government to encourage foreign investors’ participation in the development of its power sector. Nigeria signalled its readiness to construct its first NPP with the signing of agreements with Rosatom, a leading Russian nuclear power investor. With this comes the likelihood of more foreign investors’ participation in the country’s nuclear energy sector. However, increasing participation of foreign investors in nuclear power financing will result to new wave of international investment disputes. Hence, this research is aimed at assessing current level of readiness of relevant Nigeria’s laws and regulations for nuclear power investments. It evaluated the attractiveness of the laws and their ability to withstand legal challenges at international arbitration tribunals. It found many lapses, ambiguity and weaknesses in the Nigerian nuclear investment legal framework that will affect its ability to attract investors, undermine its capability to support and sustain nuclear investment, and ability to withstand legal challenges. Therefore, this paper argues on the need for Nigeria to have a clear and effective nuclear energy legal and regulatory framework that is in line with the International Atomic Energy Agency (IAEA) standards to minimise potential investors’ claims.

* PhD Researcher School of Law, University of Aberdeen, United Kingdom Email: [email protected]

In a bid to attract foreign direct investments (FDI) into the energy sector, Nigeria has signed many investment and energy-related treaties. However, many of these treaties have not been ratified and domesticated as required by the 1999 Nigerian Constitution and as such cannot be applied by domestic courts in investment dispute settlement when necessary. This raises serious legal questions on the status (within the country) of the various energy investment-relevant treaties Nigeria has entered into. This is especially relevant to BITs where their non-domestication renders their provisions not legally binding on domestic courts. It becomes problematic in situations where certain provisions in BITS such as the exhaustion of local remedies (ELR), fork-in-the-road (FITR), denial of justice and expropriation claims, require disputes to be addressed (at least initially) at domestic courts before international arbitration is accessed, despite the usual practice of settling investment disputes at international arbitral tribunals. This issue is not trivial for Nigeria, as some of its enforced BITs contain provisions for recourse to domestic courts. Also investors are increasing becoming aware of the importance of BITs and so this should be taken serious as a preventive measure. Hence, this paper provided a discourse on various ways non-domestication of treaties could affect investment interests of a dualist country such as Nigeria that is actively seeking to attract FDI for the development of its energy sector. Pointing out the implications and various ways both investor's and Nigeria's interests could be undermined, and argued for a reform in the way treaties are implemented in Nigeria, to facilitate domestication of treaties.

Nuclcor Energlt i5 lhc use of susloincd nucleor .fission to gcnerote heat antl electr.icit!. lhs Nuclear pow,cr plnnts provided ohout 5.7% o.f the x,orld's crrct'glt ond I3% of rhc worltl,s elcctricillt, irt 2012. In 20],3, thc IAE,q rcport that tltcrc are 437 operational nucleor power refictors ulthough not all ore producirtg clectricitl,, sotttc sre irlc for ttttrirtertattce or long lcrm shuldotwt due lo sofclt concentsirt 3lcounlriesx,illi ntore thin j50 novil t,essels usirtg nuclear propulsions having hecn conslrucled. There is an ongoing tlebote ahout the use o/ rtuclcar encrgy. Tltc world nuclcar ossocialion, lhe IAEA and Environtttenlalisls .for nuclear ehcrla)t contcndl lhat nuclear potter is a Sustainablc e,rerg), sou,'ce lhol redilces curbon emissions. Such as Greenpcace, bclicve lhil ntrcleor pox,cr poses Drotr)t lhrcdts lo pcople and tlrc cnvironnent. In the present tintc, Thc Nuclear ll/aste is a worldwide probiem. Nuclclr woslc is tr discharge ffiuent.ft'orn lhe nucleur suhstuttccs, Aton Bonbs, Nuclcar Reuctor, Naclcor Fox,cr plants, anl ll[ctlicol Profession' Such nuclear buslc ore in thrce stoges like Solitt, Liquitt ond Goss1, .fornt, antl hts lrutgcrous ond sdvcrsch,a.ffecls lhe life of human bcings ontl anitnols in genetictlly, biologicattlt, pltltsiaalllt and psvchologically.

Here you can find nuclear power generation lectures by Dr. Ugur GUVEN. These nuclear power generation lectures by Dr. Guven is designed for the undergraduate student level. The nuclear energy lectures by Dr. Guven is found at www.nuclearlectures.aa.am and you can find basics of nuclear power generation. nuclear reactor theory, nuclear heat transfer, nuclear fuel cycle, nuclear fuel management, nuclear reprocessing, nuclear safety, nuclear disaster management, nuclear energy economics,  nuclear energy regulations, nuclear energy laws and advanced nuclear reactors as well as basics of Fusion by Dr Guven.

Paper deals with the relations between an international convention (Vienna Convention on Civil Liability for Nuclear Damage) and an act of European law (Brussels 1 Regulation) in regarding to the announced plans to multiply nuclear power plants in the Czech Republic.