The unbearable lightness of nuclear jurisprudence

The terms “atomic law” and “nuclear law” are regularly being (to a certain part as synonyms) used in both scientific and popular literature to refer to a body of legal norms, governing peaceful uses of nuclear energy and ionizing radiation, as provided by sources of international law (“international atomic law,” or “international nuclear law”), national legislation and a complex body of unbinding norms (soft law). Further, several other variations of these terms are also regularly used (such as “atomic energy law,” “nuclear energy law,” “international nuclear law,” “law of the atomic/nuclear energy,” etc.). This contribution aims to identify the origins of this terminological labyrinth and to deal with the perception of these terms in the legal scholarship. Further, this contribution deals with the recent perception of these terms in the legal science of major States, using nuclear energy for peaceful purposes. This article aims to clarify the existing terminology, which is to large extent being used in the literature without an appropriate explanation. The author pleads for a consequent use of the term “nuclear law” (droit nucléaire, yadernoe pravo, Nuklearrecht, derecho nuclear, diritto nucleare) and presents arguments for such conclusion.

Civil nuclear industry has developed rapidly and made remarkable achievements all over the world since 1940s. The nuclear legal system plays an important role in promoting and guaranteeing the development of civil nuclear industry and utilization of nuclear energy. The implementation and improvement of nuclear legal system form the corresponding discipline of nuclear law. The construction of nuclear law as a new inter-discipline of both nuclear science and technology and law needs a timely follow-up. Therefore, this paper starts from the analysis of the nuclear law as a branch law and studies the nuclear law as a new inter-discipline in law. Nuclear laws is still underway and needs to be improved currently. In order to create the new inter-discipline of nuclear law, it is necessary to make clear the definition, object and characteristics of the discipline, and to design well in terms of teachers and curriculum so as to make the discipline of nuclear law more mature and realize its value as a new inter-discipline in law.

This chapter covers three major issues in energy law. First it explains the key energy policy concepts that energy law interacts with. There are many energy policy concepts with competition, energy security and energy waste management being particularly connected with legal development. There is also a discussion on the convergence of energy and environmental law. Second and third this chapter introduces the reader to the legal issues for fossil fuel energy sources and low-carbon energy sources respectively. There is a brief overview of international, national and local issues for different energy sources and also a comparison of environmental, planning, finance and safety issues for each energy source.

This chapter covers three major issues in energy law. First it explains the key energy policy concepts that energy law interacts with. There are many energy policy concepts with competition, energy security and energy waste management being particularly connected with legal development. There is also a discussion on the convergence of energy and environmental law. Second and third this chapter introduces the reader to the legal issues for fossil fuel energy sources and low-carbon energy sources respectively. There is a brief overview of international, national and local issues for different energy sources and also a comparison of environmental, planning, finance and safety issues for each energy source.

Introduction: reflecting the discussion on the position of nuclear/atomic law within the system of international law, this article argues that international nuclear law has developed into an independent branch of public international law, being a set of principles and norms acknowledged by the international community of States. The article also discusses certain aspects of mutual relationships between nuclear law and other legal disciplines, such as international security law, international environmental law, law of international relations. Purpose: the author seeks to analyze various aspects of international nuclear law. Methods: the author uses a comparative analysis to study legal documents in order to discover the origin, nature, potentials, and complexities of international nuclear law. Results: the paper examines how distinct principles and frameworks of nuclear law evolved to govern the peaceful use of nuclear energy, while also addressing the complex interactions of nuclear law with other legal domains that have some intersections with nuclear activities. Conclusion: the author highlights the growing significance of nuclear law as a specialized field of research and practice, driven by the expanding global reliance on nuclear power and the need for comprehensive legal oversight in this critical energy sector

(1995). Nuclear Energy Law and International Environmental Law: an Integrated Approach. Journal of Energy & Natural Resources Law: Vol. 13, No. 4, pp. 275-298.

Project financing in nuclear new build, why not? The legal and regulatory barriers

This article critically discusses the interface between EU climate and energy law. It argues that legal scholarship should explore and expose the interrelationships between these legal disciplines through shared understanding and evaluation of both the disparities and synergies found. It maps the origins of EU climate and energy law to demonstrate how they have evolved side by side, guided by separate legal rationales and distinct legislative developments yet sharing partially overlapping objectives and instruments. By comparing EU climate and energy law as legal disciplines, the article identifies dynamic and static attributes that characterize the interface between EU climate and energy law. These attributes, combined with the evolution of EU climate and energy law, are key elements in facilitating disciplinary convergence. As an outcome of the analysis, the article calls for critical legal scholarship that acknowledges the climate and energy law interface, allowing disciplinary convergence to develop between them.

What are the component parts of successful energy law and policy for nuclear energy in the 21st century? Read the introduction for free now (pdf) Nuclear power has been a consideration and part of energy policies of many countries across the world since its emergence as an electricity provider after the Second World War. Nuclear energy is a low-carbon energy source and therefore can contribute to reducing the effects of climate change. However, it is also faced with issues of high start-up costs, risk and waste disposal. Drawing on over 90 interviews completed across Belgium (Brussels), Romania, the United States, and the United Kingdom, this book focusses on the development and formulation of energy law and policy in civil nuclear energy in the EU, the US and beyond. Heffron deconstructs the constituent parts of effective energy law and policy within the complex and often controversial energy industry. Pulling out what has and what has not worked, he suggests ways to improve the delivery of the central aims of law and policy. About the Author Raphael Heffron is a Lecturer in Law at the University of Leeds, an Associate Researcher with the Energy Policy Research Group, University of Cambridge and a Policy Fellow in the Policy Fellows Network at the Centre for Science and Policy, University of Cambridge. He is a trained Barrister-at-Law and was called to the Bar in July 2007 in the Republic of Ireland. Raphael's research interests are in energy law and policy, and in particular: electricity markets, energy subsidies, low carbon energy, energy justice and Arctic energy law. He has published in many energy law and policy journals such as: Oil, Gas and Energy Law ; International Energy Law Review ; Journal of World Energy Law and Business ; Technology Forecasting and Social Change ; Energy Policy and Applied Energy . Visit Raphael J. Heffron's page at the University of Leeds Visit Raphael J. Heffron's page at the Energy Policy Research Group, University of Cambridge "

This thesis examines the interplay between energy security and law and policies promoting green energy. Based on empirical work carried out in two very different country case studies – Great Britain and Brazil – this thesis attempts to foster a better understanding of the role played by energy security in constructing and deconstructing green energy policy initiatives. Understanding the diversity of views on and the complexities of the interplay between energy security and green energy development is at the heart of this thesis. The diversity of views raised in national contexts leads to legal disputes in international forums when attempts are made to address the issues of this energy security-green energy interplay. As such, building on the findings of the case studies of Great Britain and Brazil, this thesis then analyses the interplay between energy security and green energy development in international trade law as encapsulated in the law of the World Trade Organisation (WTO), an international trade organisation which adjudicates between competing discursive claims surrounding energy security and green energy development and pronounces on their legal status. This thesis shows the complexity of the relationship between energy security and law and policies on green energy development and how the existing discursive constructions are broadening, deepening and transforming this interplay. In summary, the findings demonstrate the discursive contests that lead to divergent constructions of energy security not only in the context of different countries, but also in different sectors of the economy within a country. It also shows that the links between energy security and national and international law and policies on green energy pose challenges to a transition to a green energy system. In order to assist the energy transition, this thesis puts forward the adoption of the broader energy security concept in law and policies which includes environmental, climate and social considerations. It also argues for the incorporation of a dominant positive frame in relation to the interplay between energy security and law and policy on green energy development since a positive frame in relation to this link has the implication to significantly contribute to the promotion of an energy source. In addition, it advances the need to embrace emerging green energy technologies in energy systems and argues that an evenly distributed market share of green energy technologies and equipment around the world is the best solution to ensure green energy security in the context of the just energy transition. This thesis then proposes a way forward in creating the legal space in the law of the WTO for trade restrictive measures aimed at ensuring green energy security.

В статье рассмотрены основные факторы развития атомной энергетики в рамках глобального энергетического баланса. В рамках современного экономического пространства атомная отрасль является одной из ключевых, стратегически важных отраслей отечественной экономики как страны в целом, так и отдельных ее регионов, развитию которой уделяют приоритетное государственное значение. И для этого есть свои основания: потребление энергоресурсов увеличивается как в России, так и в рамках глобального мирового сообщества стран и растет необходимость в надежном источнике энергии. К таким источникам как раз и относится атомная энергия. Развитие атомной отрасли зависит от ряда факторов внешней и внутренней среды, которые можно разделить на следующие блоки: правовые, экономические, технологические, экологические. Конечной же, задачей правового регулирования в области использования атомной энергии является обеспечение безопасности для человека и окружающей среды. В настоящее время сформирована совокупность правовых норм и институтов, которые регулируют отрасль российского права, — атомное право, которое и сочетает в себе комплекс норм гражданского, конституционного, административного, экологического, земельного и других отраслей права. К экономическим факторам, помимо тех, которые определяют развитие любой стратегической отрасли, такие как себестоимость продукции, относятся вопросы макроконъюнктуры рынка, целесообразности импортозамещения, соответствие спроса и предложения, географии поставок, наличия логистических цепочек, физического размещение атомных объектов. Помимо развития фундаментальных наук (физики, химии, других отраслей естествознания), к технологическим факторам относятся особенности развития технологий получения атомной энергии, строительство референтных АЭС нового поколения, совершенствование комплекса материально-технической базы и сервиса. Одним из основных аспектов, который выступает преградой в развитии мировой атомной энергетики, является экологический. Именно экологическому фактору уделяется особое внимание во всем мире в первую очередь. The article considers the main factors of nuclear power development within the framework of the global energy balance. In the framework of modern economic space the nuclear industry is one of the key, strategically important branches of domestic economy both of the country as a whole, and of its individual regions, the development of which is given priority by the state. And there is a reason for this: energy consumption is increasing both in Russia and within the global world community of countries and the need for a reliable energy source is growing. Such sources include nuclear energy. The development of the nuclear industry depends on a number of external and internal environmental factors, which can be divided into the following blocks: legal, economic, technological, and environmental. The ultimate task of legal regulation in the field of atomic energy use is to provide safety for people and the environment. At present there is a set of legal norms and institutes that regulate a branch of the Russian law — nuclear law, which combines a complex of norms of civil, constitutional, administrative, environmental, land and other branches of law. Economic factors, in addition to those that determine the development of any strategic industry, such as production costs, include questions of market macroeconomics, feasibility of import substitution, matching supply and demand, supply geography, availability of supply chains, and physical location of nuclear facilities. In addition to the development of fundamental sciences (physics, chemistry, other branches of natural science), technological factors include peculiarities of development of nuclear energy production technologies, construction of new generation reference NPPs, improvement of the complex of material and technical base and service. One of the main aspects that act as an obstacle in the development of world nuclear power is the ecological one. It is the ecological factor that is given special attention all over the world in the first place.

The generation of waste, whether industrial or residential, is a fact of life in our society today. Nearly everything we do creates some type of waste. It is estimated that the United States alone generates 7.6 billion tons per year of non-hazardous industrial waste [1], 48 million tons per year of hazardous waste [2], and 250 million tons per year of municipal solid waste (MSW) [3]. Many of the waste streams and industrial by-products we generate each year contain recoverable energy. Capturing and utilizing this energy can create a positive impact both economically and environmentally. It not only extends a material’s life cycle, but it also reduces the volume of waste sent to landfills, conserves non-renewable resources, and helps reduce manufacturing costs by providing a lower cost alternative to the rising costs of energy and waste disposal. Depending on the waste and the fossil fuel it is replacing, it may even help reduce our carbon footprint. The volume of waste we generate continues to grow each year. In the United States, MSW generation has increased from 88 million tons in 1960 to 250 million tons in 2008 [4]. The amount of industrial waste has grown as well. Some of this increase is due to the fact that we have 120 million more people in the United States today than we did 50 years ago, but much of it is a result of our changing lifestyles and consumption habits. Today, we use significantly more disposable items than we did 50 years ago, and we have developed thousands of new chemicals, plastics, paints, and adhesives; all of which generate their own production by-products that need to be disposed of. Figure 15.1 shows the growth in MSW generation rates from 1960 to 2008. Utilizing waste in the production of energy is not a new concept. A number of industries initiated programs in the mid-1970s and early 1980s after the Arab oil embargo and the Iran-Iraq war drove up energy prices exponentially and stricter environmental laws caused waste disposal costs to escalate. To remain competitive, companies began searching for ways to reduce their energy costs and to manage their waste in a more environmentally friendly yet cost-effective manner. What they found was that by recovering the energy value of the by-products they generated from their manufacturing processes, they could produce their own heat and power on site. This not only lowered their energy and waste disposal costs, but it also eliminated the environmental liabilities associated with land filling their waste. There are numerous non-hazardous industrial by-products and post-consumer wastes that contain recoverable energy including black liquor from the pulp and paper industry, distillation bottoms from chemical purification processes, wood collected from construction and demolition (CD all of which can be used as a source of energy [4]. In this chapter, we will explore some of the benefits and challenges associated with using these wastes and industrial by-products as a source of energy, and we will look at some of the current and potential opportunities for doing so. Using these materials as a source of energy is not without its challenges. Many of these streams, in their “as generated” form are of low energy quality, or they are heterogeneous and need to be processed to recover their energy value. If the material is to be sent off site for energy recovery, there must be an efficient mechanism in place to collect, process, and transport the material to the ultimate energy consumer. The entity using the waste or by-product will need to obtain permits and will most likely have to modify their existing fuel handling and combustion system to accommodate using the alternative material. All these things add costs. However, what makes a waste-to-energy project unique is that the economics are almost always driven by disposal cost avoidance or regulatory compliance. Therefore, they are not completely dependent on the price of fossil fuels or government support to make them viable. For this reason, the economics are generally more favorable for these types of projects.

The IAEA’s World Fusion Outlook aims to be the global reference for authoritative information and updates on fusion energy—a potentially unlimited, low carbon source of clean energy, which can contribute to decarbonization and diversification of energy generation in the long term. The IAEA has been promoting fusion energy research and development for over 60 years, and it continues to strongly support research and development and future deployment by bringing the fusion community together to create solutions for both scientific and technological challenges. This first issue of the publication outlines achievements in fusion energy; its safety, security, safeguards, nuclear law and liability challenges; as well as the role of the IAEA and its ongoing efforts.

This article focuses on energy law’s contribution to the energy transition and to research on that transition. It is well known that law plays a pivotal role in governing the energy sector and has fundamental implications for the pursuit of the low-carbon transition. Despite this fact, law often remains confined within its silo, inaccessible to non-lawyers due to its distinctive methodological characteristics and internal jargon. This article aims to initiate an accessible dialogue between energy law and other energy-focused disciplines. It first explains how energy law, as a legal discipline, should be understood in this context and what that implies for energy law as a system of governance. It then explores the interface between energy law and other disciplines in which research into the energy transition is carried out. The article identifies and evaluates the roles of energy law in the energy transition, concluding with a summary of the implications of the role of energy law for the energy transition and for energy research.

During 70 years since Independence, India's agriculture has achieved great success. During the initial period, an import-substituting model of economic growth was adopted as the basis for development. In the early 1990s, when basic needs of food security were ensured, the Indian state initiated an export re-orientation. The article describes three stages of the agricultural sector development in India:1) the stage of compensatory growth from the turn of the 1940s to the mid-1960s; 2) the stage of the “green revolution” from the mid-1960s to the early 1990s; 3) the stage of export orientation from the early 1990s to the present. The author identifies key drivers of economic growth for these stages of Indian agricultural evolution. The focus was on the results of the economic reform initiated in the early 1990s and becoming the starting point of the third stage of development. In the mid-2010s, 10 per cent of the gross agricultural product was exported that is four times more than in the early 1970s. India did enter the list of leading exporters not only for traditional agricultural products, but also for nontraditional goods, including fishery products, fruits, and livestock. The growth rate in the sectors producing these products was higher than the growth rate of crops production. It is in these sectors that the technology of the second “green revolution” was introduced. The article notes that the growth of food exports in India occurred against the background of large masses of hungry amounting to more than 15 per cent of the total population.