Abstract

The term “good regulatory practice” has seen growing frequency of usage worldwide, especially since the 2011 Fukushima nuclear incident. However, the term appears quite ambiguous as it may mean differently to different people. This leads us to the first important question: what does “good regulatory practice” actually mean? When used in conjunction with the Fukushima incident, do we imply that there is an absence of “good regulatory practice” in the Japanese’ Nuclear and Industry Safety Agency (NISA)? This is quite troubling. It is clear that the term should be defined formally so that our understanding of “good regulatory practice” can be standardized. There is still another important question beyond agreeing on what “good regulatory practice” is: is “good regulatory practice” specific to a region, or is it global? And is it applicable only to nuclear regulators, or to all types of regulators per se? This paper aims to deliberate on the above mentioned questions. Specifically, we hope to discuss the “good regulatory practice” for atomic energy activities in order to protect the people and the environment from radiation risk of such activities. By understanding what “good regulatory practice” truly means, a newcomer country such as Malaysia can quickly learn and adopt these practices so as to assure a competent national nuclear regulatory authority who will be responsible in ensuring the safety, security and safeguards of peaceful atomic energy activities in the country including nuclear liability. In understanding this concept, a holistic approach will be taken by looking into example of advanced and newcomer countries of various nuclear regulatory authorities all around the world. Then the paper will focus on the challenges that the current nuclear regulatory authority in Malaysia which is Atomic Energy Licensing Board has, its challenges to follow the concept of “good regulatory practice” and its ways to overcome it. This study explore the initiatives could be considered by nuclear regulatory authority and the necessary criteria of an “ideal” how nuclear regulatory authority should implement the “good regulatory practice” approach.

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