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This book analyses the German constitutional system's responses towards nuclear energy. Robert Rybski begins with a presentation of energy security as a constitutional value and explores how it connects with nuclear energy. He also examines constitutional standards derived from the German Constitution, which directly regulates nuclear energy issues within the German system of power. The book presents the structure of sources of law that are binding in the area of security of nuclear installations and considers the impact that The European Atomic Energy Community had on the German constitutional system. The final part of the book is devoted to a novel judicial concept of the so-called Restrisiko – a risk that cannot be avoided – which has been developed in the jurisprudence of the Federal Constitutional Court. The essence of this concept is an assumption that as long as the legal framework regulating nuclear energy fulfils conditions formulated in that judgment, then each citizen has to accept risks resulting from the nuclear energy sector. Covering the entire period of commercial usage of nuclear energy for power generation, this book will be of great interest to students, scholars and energy experts who are active in researching or adopting public policies related to the nuclear energy sector.
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 revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarizereaders with the style, technique, and language of the Court.As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark casesto illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmarkjurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instancethe recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.
Germany Nuclear Energy Sector Policy, Laws and Regulations Handbook - Strategic Information, Projects, Regulations
Peter C. Caldwell and Karrin Hanshew's Germany Since 1945 traces the social, political and cultural history of Germany from the end of the Second World War right up to the present day. The book provides a narrative that not only explores the histories of East and West Germany in their international contexts, but one that also takes the significantly different world of the Berlin Republic seriously, analyzing it as a distinct and significant period of German history in its own right. Split into three parts roughly devoted to a quarter-century each, this book guides students through contemporary Germany from the catastrophe of war, genocide and the country's division to the very different challenges facing the reunified Germany of the 21st century. There are key primary source excerpts integrated throughout the text, as well as 32 images, numerous maps, charts and tables and a detailed bibliography to further aid study. The book is complemented by online resources which include sample syllabi and a pedagogical supplement. Germany Since 1945 underscores both the particularities of German history and the international trends and transactions that shaped it, giving good coverage to key aspects of post-1945 German society and politics, including: * East and West German paths to reconstruction * The development of consumer society and the welfare state * The politics of memory and coming to terms with the Nazi past * The Cold War * New social and political movements that opposed the postwar status * Immigration and the move toward a multicultural society This is an essential text for any student of contemporary German history.
This book presents the universal issue of radioactive waste management from the perspective of the German legal system, analysing how lawmakers have responded to the problem of nuclear waste over the course of the last seventy years. In this book, Robert Rybski unwraps and explains the perplexing legal and social issues related to radioactive waste. He takes readers through the entire ‘life-cycle’: from the moment that radioactive material is classified as radioactive waste, through to the period of interim storage, and right up to its final disposal. However, this last step in radioactive waste management (that of final disposal) has not yet been achieved in Germany, or anywhere in the world, and has been the subject of hefty public debate for dozens of years. As a result, the book analyses the most recent regulations in place to enable final disposal. This book will be of interest to energy policy experts, academics and professionals who work in the area of nuclear energy.
The Bulletin of the Atomic Scientists is the premier public resource on scientific and technological developments that impact global security. Founded by Manhattan Project Scientists, the Bulletin's iconic "Doomsday Clock" stimulates solutions for a safer world.
This book offers an edited volume for all readers who wish to gain an in-depth grasp of the economic analysis of recent developments in energy law and policy in Europe and the United States. In response to waning resources and heightened environmental awareness, many countries are now seeking to redefine their energy mix. Several energy sources are available: coal and oil, natural gas, and a variety of renewables. Yet which of them are capable of addressing core energy-related concerns? Reliability, security, affordability, fairness, and sustainability all have to be taken into account. Further, once a target mix has been identified, two challenges remain for legal scholars: what role does the law play in achieving a specified energy mix, and, how can the law best fulfill that role? The essential energy concerns are just as important in defining the way we shape our energy mix as they are in defining the mix itself. An example of current challenges in energy law and policy can be seen in the pursuit by the German and Swiss governments of the so-called “Energiewende” (energy transition). These policies are intended to enable the transition from a non-sustainable use of fossil and nuclear energy to a more sustainable approach based on renewable energies. On the one hand, the goal is to achieve a decarbonization of the energy economy by reducing the use of fossil energy sources such as petroleum, carbon and natural gas. On the other, and in response to the Fukushima nuclear accident, a phase out is intended to eliminate the dangers of nuclear technologies. Achieving these goals poses tremendous challenges for the two countries’ energy policies – partly because the energy transition will not only affect energy production, but also energy consumption. From a Law and Economics perspective, a number of questions arise: to what extent is it justifiable to rely on markets and continued technological innovation, especially with regard to the present exploitation of scarce resources? To what extent is it necessary for states to intervene in energy markets? Regulatory instruments are available to create and maintain more sustainable societies: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, and more. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur the sustainable consumption and production of energy in order to protect the environment while mitigating any potential negative impacts on economic development? Do neoclassical and behavioural economics provide us with a suitable framework for predicting the market’s complex reactions to a changing energy policy? This book provides theoretical insights as well as empirical findings in order to answer these vital questions.
Kommers's comprehensive work surveys the development of German constitutional doctrine between 1949, when the Federal Constitutional Court was founded, and 1996. Extensively revised and expanded to take into account recent developments since German unification, this second edition describes the background, structure, and functions of the Court and provides extensive commentary on German constitutional interpretation, and includes translations of seventy-eight landmark decisions. These cases include the highly controversial religious liberty and free speech cases handed down in 1995.
The present study aims to contribute to an understanding of European industrial policy by introducing an historical perspective. National policy continuities and the considerable time over which industrial performance responds to changed environments emerge with greater clarity in the long run. The chapters in this book take a broad view of industrial policy, including those policies that establish the framework', such as competition law, as well as sector for firm specific policies.