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This open access book traces the journey of nuclear law: its origins, how it has developed, where it is now, and where it is headed. As a discipline, this highly specialized body of law makes it possible for us to benefit from the life-saving applications of nuclear science and technology, including diagnosing cancer as well as avoiding and mitigating the effects of climate change. This book seeks to give readers a glimpse into the future of nuclear law, science and technology. It intends to provoke thought and discussion about how we can maximize the benefits and minimize the risks inherent in nuclear science and technology. This compilation of essays presents a global view in discipline as well as in geography. The book is aimed at representatives of governments -- including regulators, policymakers and lawmakers -- as well representatives of international organizations and the legal and insurance sectors. It will be of interest to all those keen to better understand the role of law in enabling the safe, secure, and peaceful use of nuclear technology around the world. The contributions in this book are written by leading experts, including the IAEA's Director General, and discuss the four branches of nuclear law -- safety, security, safeguards and nuclear liability -- and the interaction of nuclear law with other fields of national and international law.
Energy and Environmental Law and Policy Series #39 While the European Economic Community has evolved through the decades into the legal entity of the European Union, the substantive law contained in the 1957 Euratom Treaty has never been amended. Recurring legal discussions of the treaty’s potentially obsolete nature give rise to this much-needed handbook, which provides systematic analysis and evaluation of the competences conferred under the Euratom Treaty. Following the structure of the Euratom Treaty, the author analyses and evaluates the scope, content, exercise, and case law of the Euratom Communities’ competences in the following fields: Promotion of research, with reference to the Horizon research programmes; dissemination of information; health and safety, including environmental protection; investments; joint undertakings; nuclear supplies; safeguards; property ownership of fissile materials; the nuclear common market; and the Community’s external relations. The book deals with issues of stagnation and potential obsolescence through such lenses as the legislative amendment procedure, level of regulatory detail, quantitative elements of exercise, secondary legal acts, and the Court of Justice of the European Union’s power to define and delimit the Euratom Community’s competences. The competences in the fields of military activities and State aid are also examined in detail. The role of principles of subsidiarity and proportionality in European nuclear law and the issue of classification of competences under the Euratom Treaty are addressed in this book. With its systematic, chapter-by-chapter analysis of competences of the Euratom Community under the Euratom Treaty, the book will be welcomed by lawyers and negotiators working in nuclear field, researchers in nuclear law and in the broader competences of the EU, and policymakers in the European nuclear sector. “This book represents an important contribution to the renewed academic discourse on the Euratom Community. I would like to recommend it both to those looking for concise information on this neglected Community as well as to those dealing with the topic of competences with respect to the law of the EU. It is also vital reading for policymakers and lawyers active in the field of energy and nuclear law” Jakub Handrlica, Common Market Law Review (2021)
This handbook is a practical aid to legislative drafting that brings together, for the first time, model texts of provisions covering all aspects of nuclear law in a consolidated form. Organized along the same lines as the Handbook on Nuclear Law, published by the IAEA in 2003, and containing updated material on new legal developments, this publication represents an important companion resource for the development of new or revised nuclear legislation, as well as for instruction in the fundamentals of nuclear law. It will be particularly useful for those Member States embarking on new or expanding existing nuclear programmes.
This book addresses the contentious debate surrounding the future of the European Atomic Energy Community Treaty (Euratom), one of the European Union’s founding treaties. Arguing that it has remained at a ‘crossroads’ since its adoption in 1957, Anna Södersten explores the issue of whether the treaty should be kept separate from the EU, or be brought within its framework.
This comprehensive volume of the Elgar Encyclopedia of Environmental Law provides an overview of the major elements of energy law from a global perspective. Based on an in-depth analysis of the energy chain, it offers insight into the impacts of climate change and environmental issues on energy law and the energy sector. This timely reference work highlights the need for modern energy law to consider environmental impacts and promote the use of clean energy sources, whilst also safeguarding a reliable and affordable energy supply.
This publication provides guidance and recommendations on arrangements to be made at the preparedness stage, as part of overall emergency preparedness, for the termination of a nuclear or radiological emergency and the subsequent transition from the emergency exposure situation to either a planned exposure situation or an existing exposure situation. It elaborates the prerequisites that need to be fulfilled so that responsible authorities can declare the nuclear or radiological emergency ended and it gives detailed guidance on adapting and lifting protective actions. This publication, jointly sponsored by 10 international organizations (FAO, IAEA, ICAO, ILO, IMO, INTERPOL, OECD/NEA, UN OCHA, WHO and WMO) is intended to assist Member States in the application of IAEA Safety Standards Series Nos GSR Part 3 and GSR Part 7.
This open access book discusses the eroding economics of nuclear power for electricity generation as well as technical, legal, and political acceptance issues. The use of nuclear power for electricity generation is still a heavily disputed issue. Aside from technical risks, safety issues, and the unsolved problem of nuclear waste disposal, the economic performance is currently a major barrier. In recent years, the costs have skyrocketed especially in the European countries and North America. At the same time, the costs of alternatives such as photovoltaics and wind power have significantly decreased.