Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Texts Abstract: This article presents the texts of Morocco's Act No. 12-02 on Civil Liability for Nuclear Damage (2005), of the IAEA's Code of Conduct on the Safety of Research Reactors promulgated on 7 January 2005, and of the UN Security Council Resolution 1540 (2004). Journal: Nuclear Law Bulletin Year: 2005 Pages: 141-164 Volume: 2005 Issue: 1 Handle: RePEc:oec:neakaa:5K9D19G46PKJ Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Multilateral Agreements Abstract: On 4 April 2005, the General Assembly of the United Nations adopted the International Convention for the Suppression of Acts of Nuclear Terrorism. This instrument results from the work accomplished by the Ad Hoc Committee established by General Assembly Resolution 51/210 of 17 December 1996 and the Working Group of the Sixth Committee. Journal: Nuclear Law Bulletin Year: 2005 Pages: 137-140 Volume: 2005 Issue: 1 Handle: RePEc:oec:neakaa:5K9D19G48W22 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: International Regulatory Activities Abstract: This article describes the international nuclear regulatory activities of the IAEA and EU in 2005 and 2005. Journal: Nuclear Law Bulletin Year: 2005 Pages: 131-136 Volume: 2005 Issue: 1 Handle: RePEc:oec:neakaa:5K9D19G4C431 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: National Legislative and Regulatory Activities Abstract: This article describes the national nuclear regualtory and legislative activities of various countries in 2004 and 2005. Journal: Nuclear Law Bulletin Year: 2005 Pages: 111-130 Volume: 2005 Issue: 1 Handle: RePEc:oec:neakaa:5K9D19G4F4NN Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Administrative decisions Abstract: The Swedish government decided on 16 December 2004 to shut down the second nuclear power plant at Barsebäck on 31 May 2005. The decision was made pursuant to the 1997 Act on the Phasing-out of Nuclear Power (see Nuclear Law Bulletin No. 61). Journal: Nuclear Law Bulletin Year: 2005 Pages: 110-110 Volume: 2005 Issue: 1 Handle: RePEc:oec:neakaa:5K9D19G4H537 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Case Law Abstract: This article describes developments in nuclear case law in France, the US and the European Union om 2004 and 2005 and in administrative decisions in Sweden in 2005. Journal: Nuclear Law Bulletin Year: 2005 Pages: 95-110 Volume: 2005 Issue: 1 Handle: RePEc:oec:neakaa:5K9D19G4K4HF Template-type: ReDIF-Article 1.0 Author-Name: Anthony Wetherall Title: Normative Rule Making at the IAEA: Codes of Conduct Abstract: One of the most serious challenges facing any international legal institution in the present era of globalisation is the adoption of adequate written laws that address the issues faced by the international community. The International Atomic Energy Agency (IAEA) is the principal forum to develop international legal norms to regulate the worldwide peaceful and safe use of nuclear energy – as well as to ensure the uniformity of standards and compliance with such norms. This study is an attempt to look, in particular, at one aspect of this diversified normative spectrum, created to shape an adequate legal and regulatory framework for peaceful nuclear activities. Journal: Nuclear Law Bulletin Year: 2005 Pages: 71-93 Volume: 2005 Issue: 1 Handle: RePEc:oec:neakaa:5K9D19G4M348 Template-type: ReDIF-Article 1.0 Author-Name: Ulrike Feldmann Title: Protection of Nuclear Facilities Against Aircraft Crash: Legal Aspects Concerning Licensing and Supervision Currently Under Discussion in Germany Journal: Nuclear Law Bulletin Year: 2005 Pages: 63-70 Volume: 2005 Issue: 1 Handle: RePEc:oec:neakaa:5K9D19G55R0T Template-type: ReDIF-Article 1.0 Author-Name: Bruno Demeyere Title: The Proliferation of International Nuclear Law's Actors: Resolution 1540 and the Security Council's Fight Against Weapons of Mass Destruction Falling into Terrorists' Hands Abstract: 23 September 2003: President Bush, turning the protester into a partner during his annual speech in front of the United Nations (UN), asks “the UN Security Council to adopt a new anti-proliferation resolution” compelling Member States “to criminalise the proliferation of Weapons of Mass Destruction” (WMD). Journal: Nuclear Law Bulletin Year: 2005 Pages: 35-61 Volume: 2005 Issue: 1 Handle: RePEc:oec:neakaa:5K9D19G57JBV Template-type: ReDIF-Article 1.0 Author-Name: Roland Dussart Desart Title: The reform of the Paris Convention on Third Party Liability in the Field of Nuclear Energy and of the Brussels Supplementary Convention Abstract: The arrival of nuclear energy gave rise to the need, almost half a century ago, to devise a regime of liability in keeping with the new risks associated with this technology: risks that were not only catastrophic, but also insidious, because they were incapable of detection by ordinary human beings. The principles underlying this regime have stood the test of time, even if the accusation is now sometimes made that some of them were also designed to protect an industry in its infancy. Journal: Nuclear Law Bulletin Year: 2005 Pages: 7-33 Volume: 2005 Issue: 1 Handle: RePEc:oec:neakaa:5K9D19G6LZNT Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Texts Abstract: This article presents the text of the International Convention for the Suppression of Acts of Nuclear Terrorism of the United Nations. Journal: Nuclear Law Bulletin Year: 2006 Pages: 103-114 Volume: 2005 Issue: 2 Handle: RePEc:oec:neakaa:5K9CZGT7SH7F Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Multilateral agreements Abstract: This article describes the 2005 Review Conference on the Non-Proliferation Treaty (NPT). Journal: Nuclear Law Bulletin Year: 2006 Pages: 99-102 Volume: 2005 Issue: 2 Handle: RePEc:oec:neakaa:5K9CZGT7W40Q Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: International Regulatory Activities Abstract: This article describes the Resolutions adopted by the IAEA General Conference in 2005. Journal: Nuclear Law Bulletin Year: 2006 Pages: 95-98 Volume: 2005 Issue: 2 Handle: RePEc:oec:neakaa:5K9CZGT7ZRQ5 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: National Legislative and Regulatory Activities Abstract: This article describes Algeria's  Decree on Protection Against Ionising Radiation (2005), its Decree on Radioactive Waste Management (2005), and its Decree on Food Irradiation (2005). It also describes Armenia's Decree on Food Irradiation (2005), Belgium's Act Amending the 1994 Act on Protection of the Public and the Environment Against Radiation and Relating to the Federal Agency for Nuclear Control (2005), Brazil's Decree on the National Defence Policy Including the Elimination of Nuclear Weapons (2005), Finland's Nuclear Liability Bill (2005), France's Order on Professional Activities Using Raw Materials Containing Natural Radionuclides not Used for Their Radioactive Properties (2005) and its Order on the Organisation of a National Network to Measure radioactivity in the Environment and on Criteria for the Certification of Laboratories (2005), Germany's Act on the Control of High-activity Sources (2005), its Ordinance on the Transportation of Dangerous Goods by Road and Rail (2005), and its Ordinance on Establishing a Prohibition to Alter the Conditions of the Subsoil Within the Gorleben Salt Formation (2005), Hungary's Decree on the Procedures of the Hungarian Atomic Energy Authority in Nuclear Safety Regulatory Matters (2005), Israel's Amendment to the Pharmacists’ Regulations (Radioactive Elements and Their Products) (2005) and its Import and Export Order (Control of Chemical, Biological and Nuclear Exports) (2004), the Republic of Korea's Act on Physical Protection and Radiological Emergency (2004), Poland's Regulation on Ionising Radiation Dose Limits (2005) and its Regulation on Positions for Ensuring Nuclear Safety and Radiological Protection and on Radiological Protection Inspectors (2005), Portugal's Decree-Law Setting up the Independent Commission for Radiological Protection and Nuclear Safety (2005) and its Decree-Law Establishing the Environmental Monitoring System of Radioactivity (2005), Romania's Order on Methodological Norms Regarding Planning, Organisation and Intervention in the Event of a Nuclear Accident or Radiological Emergency (2005) and its Order Approving Generic Procedures for Data Collection, Validation and Response During a Radiological Emergency (2005) as well as its Order on the Norms Regarding the Release of Radioactive Effluents into the Environment (2005), Slovenia's Regulation on Requirements for Workers in Nuclear Installations and Radiation Facilities (2005) and its Regulations on Physical Protection of Nuclear Materials, Nuclear Installations and Radiation Facilities (2005), South Africa's recent regulatory developments in the nuclear field, Sweden's SKI Regulations on Physical Protection of Nuclear Facilities (2005) and Guidance for Geological Disposal of Nuclear Waste (2005), Switzerland's Draft Act on Nuclear Third Party Liability (2005), Ukraine's Regime of nuclear installations, and the United States' Energy Policy Act (2005) and its Amendments to the Price-Anderson Act (2005) on nuclear third party liability. Journal: Nuclear Law Bulletin Year: 2006 Pages: 69-93 Volume: 2005 Issue: 2 Handle: RePEc:oec:neakaa:5K9CZGT8LH34 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Case Law Abstract: This article describes developments in nuclear energy case law in various countries in 2005. Journal: Nuclear Law Bulletin Year: 2006 Pages: 63-68 Volume: 2005 Issue: 2 Handle: RePEc:oec:neakaa:5K9CZGT8PPXV Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Law on the Peaceful Uses of Nuclear Energy: Key concepts Abstract: This article by by Marie Pompignan identifies and examines in a critical fashion the key concepts which ought to be included in a general domestic law governing the peaceful uses of nuclear energy,and suggests a definition of the word “concept”. Journal: Nuclear Law Bulletin Year: 2006 Pages: 47-61 Volume: 2005 Issue: 2 Handle: RePEc:oec:neakaa:5K9CZGT8RS0Q Template-type: ReDIF-Article 1.0 Author-Name: Maria de Lourdes Vez Carmona Title: The International Regime on the Physical Protection of Nuclear Material and the Amendment to the Convention on the Physical Protection of Nuclear Material Abstract: On 8 July 2005, States Parties to the Convention on the Physical Protection of Nuclear Material (the “convention”), adopted by consensus an “amendment” to the convention. Journal: Nuclear Law Bulletin Year: 2006 Pages: 29-46 Volume: 2005 Issue: 2 Handle: RePEc:oec:neakaa:5K9CZGT8TFTH Template-type: ReDIF-Article 1.0 Author-Name: Odette Jankowitsch-Prevor Title: International Convention for the Suppression of Acts of Nuclear Terrorism Abstract: The Convention for the Suppression of Acts of Nuclear Terrorism (“the convention”) adopted on 15 April 2005 by the United Nations General Assembly after seven years of preparatory work was opened for signature on 14 September at United Nations Headquarters in New York. In accordance with Article 25 of the convention, it will enter into force after it has been ratified by 22 states. Journal: Nuclear Law Bulletin Year: 2006 Pages: 7-27 Volume: 2005 Issue: 2 Handle: RePEc:oec:neakaa:5K9CZGT915JK Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Agreement on the International Thermonuclear Experimental Reactor (ITER) (2006) Abstract: On 24 May 2006, the European Union, the United States, the Russian Federation, Japan, India, China and the Republic of Korea initialed an agreement in Brussels to build the first nuclear fusion reactor. Negotiations on this project took place under the auspices of the International Atomic Energy Agency. Journal: Nuclear Law Bulletin Year: 2006 Pages: 67-68 Volume: 2006 Issue: 1 Handle: RePEc:oec:neakaa:5K9CZFXFRSWJ Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Revision of International Commission on Radiological Protection (ICRP) Recommendations Abstract: The International Commission on Radiological Protection was first established in 1928, as the International X-ray and Radium Protection Committee, linked to the International Congresses of Radiology. In 1950 it was restructured and renamed. Although its parent organisation remains the International Society of Radiology (ISR, the professional society of radiologist physicians), it has greatly broadened its interests to take account of the increasing uses of ionising radiation outside the medical area and practices involving the generation of radiation and radioactive materials. The Commission is a non-profit-making organisation, financed mainly by voluntary contributions from national and international bodies with an interest in radiological protection. Some additional funds accrue from royalties on the Commission’s publications. Members’ institutions also provide support by making in-kind contributions. Journal: Nuclear Law Bulletin Year: 2006 Pages: 65-66 Volume: 2006 Issue: 1 Handle: RePEc:oec:neakaa:5K9CZFXFWW6L Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: National legislative and regulatory activities Abstract: This article describes national nuclear legislative and regulatory activities in Australia, Brazil, France, Germany, Hungary, India, Ireland, Romania, the Slovak Republic, Slovenia, Sweden, and the Ukraine in 2005 and 2006. Journal: Nuclear Law Bulletin Year: 2006 Pages: 49-64 Volume: 2006 Issue: 1 Handle: RePEc:oec:neakaa:5K9CZFXG01MR Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Administrative decisions Abstract: This article describes the Hungarian Parliamentary Decision on Construction of a Low/Intermediate-level Waste Repository and on the Lifetime Extension of Paks NPP (2005). Journal: Nuclear Law Bulletin Year: 2006 Pages: 47-47 Volume: 2006 Issue: 1 Handle: RePEc:oec:neakaa:5K9CZFXG1WS0 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Case Law Abstract: This article describes developments in nuclear case law and administrative decisions in France, Gemany, Japan, and the EU in 2006. Journal: Nuclear Law Bulletin Year: 2006 Pages: 41-46 Volume: 2006 Issue: 1 Handle: RePEc:oec:neakaa:5K9CZFXG4XNR Template-type: ReDIF-Article 1.0 Author-Name: Mark Tetley Title: Revised Paris and Vienna Nuclear Liability Conventions: Challenges for Nuclear Insurers Abstract: The revisions recently implemented to both the Vienna and Paris nuclear liability conventions are intended to widen significantly the amount and scope of compensation payable in the event of a nuclear accident. Whilst this is a laudable objective, the final extent of the revisions leaves nuclear site operators and their insurers with greater uncertainty as a result of the wider and unquantifiable nature of some aspects of the revised nuclear damage definition, in particular where reference is made to environmental reinstatement and extended prescription periods. Journal: Nuclear Law Bulletin Year: 2006 Pages: 27-39 Volume: 2006 Issue: 1 Handle: RePEc:oec:neakaa:5K9CZFXG73HK Template-type: ReDIF-Article 1.0 Author-Name: Marc Léger Author-Name: Laetitia Grammatico-Vidal Title: Nuclear Transparency and Safety Act: What Changes for French Nuclear Law? Abstract: The long-promised Act No. 2006-686 of 13 June 2006 on nuclear transparency and safety (hereinafter referred to as the TSN Act) is the result of a long process, begun in the 1990s, reflecting the (more or less general) desire to promulgate a comprehensive nuclear legislative framework. Journal: Nuclear Law Bulletin Year: 2006 Pages: 7-25 Volume: 2006 Issue: 1 Handle: RePEc:oec:neakaa:5K9CZFXH6647 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: International regulatory activities Abstract: This article describes the international nuclear regulatory activiities of the IAEA and the EU in 2006. Journal: Nuclear Law Bulletin Year: 2007 Pages: 59-65 Volume: 2006 Issue: 2 Handle: RePEc:oec:neakaa:5K9CX3F6TWMQ Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: National legislative and regulatory activities Abstract: This article describes the national nuclear legislative and regulatory activities of Belgium, Brazil, Canada, France, Latvia, Moldova, Morocco, Norway, Romania, the Slovak Republic, Slovenia, Spain and Switzerland in 2006. Journal: Nuclear Law Bulletin Year: 2007 Pages: 41-58 Volume: 2006 Issue: 2 Handle: RePEc:oec:neakaa:5K9CX3F6WRD1 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Case Law Abstract: This article describes developments in nuclear case law in Frence, Sweden, UK, US and EU in 2006. Journal: Nuclear Law Bulletin Year: 2007 Pages: 37-39 Volume: 2006 Issue: 2 Handle: RePEc:oec:neakaa:5K9CX3F6ZFMR Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Insurance Coverage for Third Party Liability and Material Damage Arising From Nuclear Incidents Caused by Terrorist Acts Abstract: The OECD Nuclear Law Committee first began looking at the impact of terrorist acts upon the nuclear liability insurance market in November 2001, shortly after the attacks which took place in the United States on 11 September of that same year. The Committee was concerned about the impact which terrorist acts might have on the ability of nuclear operators to obtain third party liability and material damage insurance coverage for nuclear incidents resulting from such acts. Journal: Nuclear Law Bulletin Year: 2007 Pages: 19-35 Volume: 2006 Issue: 2 Handle: RePEc:oec:neakaa:5K9CX3F7109Q Template-type: ReDIF-Article 1.0 Author-Name: Miguel Sousa Ferro Title: Right of innocent passage of ships carrying ultra-hazardous cargoes Abstract: For several years now, a significant number of coastal states have claimed a right to deny passage through their territorial seas, or even through their exclusive economic zones (EEZ), to ships carrying ultra-hazardous cargoes. The issue was particularly brought into the limelight with the trips of the Pacific Teal and the Pacific Pintail, in the framework of a nuclear fuel recycling programme between the UK/France and Japan. But claims in this direction have been expressed since at least the negotiation of the 1982 United Nations Convention on the Law of the Sea (LOS Convention). Journal: Nuclear Law Bulletin Year: 2007 Pages: 5-18 Volume: 2006 Issue: 2 Handle: RePEc:oec:neakaa:5K9CX3F75ZXQ Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: International Regulatory Activities Abstract: European Union Council Directive on the Supervision and Control of Shipments of Radioactive Waste and Spent Fuel (2006) Journal: Nuclear Law Bulletin Year: 2012 Pages: 77-78 Volume: 2007 Issue: 1 Handle: RePEc:oec:neakaa:5K9GVSB12146 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: National Legislative and Regulatory Activities Abstract: Argentina Amendment to the Criminal Code (2004) Australia Australian Nuclear Science and Technology Organisation (ANSTO) Amendment Act (2006) Commonwealth Radioactive Waste Management Legislation Amendment Act (2006) Finland Amendments to the Radiation Act and Radiation Decree (2005) France Decree on Securing Financing for Nuclear Charges (2007)Decree Licensing the Construction of the Basic Nuclear Installation “Flamanville 3” Comprising an EPR Reactor (2007) Germany Amendment to the Act on Preventive Radiation Protection (2006) Administrative Provisions on the Supervision of Environmental Radioactivity (2006)Ordinance on Radioactive Drugs (2007)  Amendment to the Ordinance on the Treatment of Foodstuffs with Radiation (2006) European Agreement Relating to the International Transportation of Dangerous Goods by Road (ADR) (2006)Ordinance on the Transportation of Dangerous Goods by Road and Rail (2006)Ordinance to Amend the RID Regulations (2006) Ordinance on the Transportation of Dangerous Goods on the Rhine and Mosel Rivers (2006) Amendments to the 1961 Foreign Trade Act and to the 1993 Foreign Trade Ordinance (2006) Iceland Regulations in the Field of Radiation Protection (2003) Indonesia Decree on Nuclear Reactor Licensing (2006) Ireland Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order (2006) Italy Decree on Emergency Planning with Regard to the Transport of Radioactive and Fissile Materials (2006) Netherlands Covenant Between the Government and the Borssele Operator Concerning the Life Extension (2006) New Zealand Consolidated Edition of the 1965 Radiation Protection Act (2005) Poland Regulation on Ionising Radiation Sources (2006) Romania Decision Approving the Structure and Organisation of the Romanian Nuclear Agency (2007)Amendment of the 2003 Decision Approving the Internal Rules of the National Commission for the Control of Nuclear Activities (CNCAN) (2007) Amendment of the 2003 Ordinance on the Management of Spent Nuclear Fuel and Radioactive Waste, including Final Disposal (2007) Russian Federation Act on Administrative and Property Management of the Civilian Nuclear Energy Sector (2007) Slovak Republic Amendment of the Atomic Act (2007) Slovenia Regulation on Monitoring of Radioactivity (2007) South Africa Regulations on the Contents of the Annual Public Report (2006)Regulations on the Keeping of Records (2006)Regulations on Safety Standards and Regulatory Practices (2006) Sweden Amendment to the Act and Ordinance on Nuclear Activities (2006) Journal: Nuclear Law Bulletin Year: 2012 Pages: 59-75 Volume: 2007 Issue: 1 Handle: RePEc:oec:neakaa:5K9GVSB13RF5 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Administrative Decisions Abstract: Sweden Environmental Court Decision on Initial Measures for the Dismantling of Barsebäck (2006)* Journal: Nuclear Law Bulletin Year: 2012 Pages: 57-58 Volume: 2007 Issue: 1 Handle: RePEc:oec:neakaa:5K9GVSB15RZR Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Case Law Abstract: Germany Judgement of the Federal Administrative Court on the Konrad Repository Project (2007) Journal: Nuclear Law Bulletin Year: 2012 Pages: 57-57 Volume: 2007 Issue: 1 Handle: RePEc:oec:neakaa:5K9GVSB1Q8G0 Template-type: ReDIF-Article 1.0 Author-Name: Norbert Pelzer Title: International Pooling of Operators' Funds: An Option to Increase the Amount of Financial Security to Cover Nuclear Liability? Abstract: Financial security to cover the third party liability of the operators of nuclear installations is nearly exclusively provided by the insurance industry. The recent revision exercises of the international nuclear liability conventions resulted in higher liability amounts and in a broader concept of compensable nuclear damage. This marks a new challenge for the insurance industry: its financial capacity is not unlimited, and there seems to emerge difficulties to cover the new liability in full. Journal: Nuclear Law Bulletin Year: 2012 Pages: 37-55 Volume: 2007 Issue: 1 Handle: RePEc:oec:neakaa:5K9GVSB1RWQ1 Template-type: ReDIF-Article 1.0 Author-Name: Ben McRae Title: The Convention on Supplementary Compensation for Nuclear Damage: Catalyst for a Global Nuclear Liability Regime Abstract: Nuclear power can help address many of our world’s most pressing concerns. It is a clean, reliable, economic source of energy that can be used to meet a significant portion of current demand for energy, as well as anticipated future increases in demand. Increased reliance on nuclear power to generate electricity will permit many millions of people throughout the world to experience an improved and sustainable quality of life. In addition, by decreasing dependence on fossil fuels, nuclear power can alleviate price volatility in energy markets and potential supply shortages and disruptions. Moreover, nuclear power produces large amounts of energy with no atmospheric emissions of pollutants such as NOx or SO2, and no emissions of greenhouse gases such as CO2. To address global climate change effectively, nuclear power must play an increasingly important role in meeting our world's energy needs. Journal: Nuclear Law Bulletin Year: 2012 Pages: 17-35 Volume: 2007 Issue: 1 Handle: RePEc:oec:neakaa:5K9GVSB1V6MP Template-type: ReDIF-Article 1.0 Author-Name: Walter Gehr Title: The Universal Legal Framework Against Nuclear Terrorism Abstract: After the events of September 11, the United Nations Security Council adopted Resolution 1373 (2001) which has been called the “Counter-Terrorism Code” of the world, because it creates legal obligations for all 192 Member States of the United Nations. Journal: Nuclear Law Bulletin Year: 2012 Pages: 5-15 Volume: 2007 Issue: 1 Handle: RePEc:oec:neakaa:5K9GVSB20B6J Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: International Regulatory Activities Abstract: European Union Council Decision Authorising the Republic of Slovenia to Ratify the 2004 Protocol Amending the Paris Convention (2007)  Council Decision Approving the Accession of the European Atomic Energy Community to the Amended Convention on the Physical Protection of Nuclear Material (2007) Council Decision Establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and Conferring Advantages upon it (2007) International Atomic Energy Agency Convention for the Suppression of Acts of Nuclear Terrorism (2007) Resolution on the Exclusion of Small Quantities of Nuclear Material from the Application of the Vienna Convention (2007)  International Expert Group on Nuclear Liability (2007)  Code of Conduct on the Safety and Security of Radioactive Sources and its Supplementary Guidance (2007)  51st IAEA General Conference  OECD Nuclear Energy Agency Decision on the Exclusion of Small Quantities of Nuclear Substances from the Application of the Paris Convention (2007) Journal: Nuclear Law Bulletin Year: 2012 Pages: 111-119 Volume: 2007 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7N4L1XN Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Texts Abstract: Lithuania Law on the Nuclear Power Plant (2007) People’s Republic of China Official Reply of the State Council to Questions on the Liabilities of Compensation for Damages Resulting from Nuclear Accidents (2007) Turkey Unofficial Translation of the Turkish Law No. 5710 Concerning the Construction and Operation of Nuclear Power Plants and the Sale of Energy Generated from Those Plants (2007) Journal: Nuclear Law Bulletin Year: 2012 Pages: 93-110 Volume: 2007 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7N4PN5D Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: National Legislative and Regulatory Activities Abstract: Brazil Resolution of the National Council on Energy Policy on the Resumption of Construction of a Thermonuclear Plant (2007)  France Decree on Technical Enquiries in the Event of Incidents or Accidents Relating to Nuclear Activities (2007) Order on the Organisation of the General Directorate of Enterprises (GDE) within the Ministry of Industry (2007)  Decree on the Listing of Basic Nuclear Installations (2007)  Decree on Basic Nuclear Installations and Verifying the Nuclear Safety of Radioactive Materials Transport (2007)  Italy Decree Implementing the Council Directive 2003/122/Euratom on the Control of High-activity Sealed Radioactive Sources and Orphan Sources (2007)  Amendment to the Environmental Law Decree (2007) Japan Amendment to the Law on Final Disposal of High-level Radioactive Waste (2007) Lithuania Law on the Nuclear Power Plant (2007) Luxembourg Grand-ducal Regulations on the Protection of the Public Against the Risks Resulting from Ionising Radiation (2006)  Law on Approving the Agreement Between Luxembourg and Belgium Relating to Information Exchange in the Event of an Incident or Accident (2006)  People’s Republic of China Regulations on the Management and Monitoring of Nuclear Safety Equipment for Civilian Use (2007)  Official Reply of the State Council to Questions on the Liabilities of Compensation for Damages Resulting from Nuclear Accidents (2007)  Romania Government Decision on the Monitoring of the Health of Personnel (2007)  Order on Physical Protection of Nuclear Materials During Transport (2007)  Order on Preventive Protection of Nuclear Installations (2007)Order on the Verification of the Physical Protection System of Nuclear Installations (2007) Ordinance on the Safe Management of Radioactive Waste (2007) Government Decision Regarding Financial Resources Necessary for the Safe Management of Radioactive Waste (2007) Amendment of the Law on Civil Liability for Nuclear Damage (2007) Russian Federation Reform of the Russian Nuclear Power Industry (2007) Slovak Republic Atomic Act Amendment on Alternative Financing of the Nuclear Regulatory Body (2007) Slovenia Decree on the Control of Radioactive Contamination in the Shipment of Scrap Metal (2007) Spain Amendment to the Nuclear Energy Act (2007) Sweden Decision on the Merger of Regulatory Authorities (2007) Turkey Law Concerning the Construction and Operation of Nuclear Power Plants and the Sale of Energy Generated from Those Plants (2007) United States Final Rule Amending Regulations Applicable to the Licensing of New Nuclear Power Plants (2007) Final Rule Implementing a National Source Tracking System (2006) Final Rule on Design Basis Threat (2007) Journal: Nuclear Law Bulletin Year: 2012 Pages: 71-91 Volume: 2007 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7N4RS9Q Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Case Law Abstract: France Judgement of the European Court of Human Rights on the Right to a Fair Trial, in the Litigation Collectif Stop MELOX and MOX versus France (2007)  Decision of the Council of State Quashing a Decree Concerning a Nuclear Installation in Brennilis, for the Want of Public Information and Consultation (2007)  South Africa Judgement of the Cape High Court in the Case of McDonald and Others versus Minister of Minerals and Energy and Others (2007)  United Kingdom Decision of the Wick Sheriff Court Fining UKAEA for Plutonium Exposure (2007)  United States Judgement of the US Court of Appeals on Environmental Analysis of the Effects of Terrorism (2006) Vacatur of US Court of Federal Claims Decision Regarding Price-Anderson Compensation of Costs in a Private Tort Claim (2007) Journal: Nuclear Law Bulletin Year: 2012 Pages: 65-69 Volume: 2007 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7N4TP22 Template-type: ReDIF-Article 1.0 Author-Name: Edward Nicholas Lazo Title: The International Systems of Radiological Protection: Key Structures and Current Challenges Abstract: Since the realisation, at the beginning of the 1900s, that exposure to ionising radiation could cause detrimental health effects, experts in the field have worked together to establish a scientific basis for describing radiation-related risks, to recommend practical principles for protection against radiation-related risks and to develop international standards and national regulations in this area. Journal: Nuclear Law Bulletin Year: 2012 Pages: 49-63 Volume: 2007 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7N4WKNX Template-type: ReDIF-Article 1.0 Author-Name: Tammy de Wright Title: The “Incentive” Concept as Developed in the Nuclear Safety Conventions and its Possible Extension to Other Sectors Abstract: On 26 April 1986, the international nuclear community experienced a dramatic “wake-up call” when the reactor core of the Chernobyl Nuclear Power Plant, situated in the former Ukrainian Republic of the Union of Soviet Socialist Republics, melted down. Due to the large volume of radioactive elements which were released into the atmosphere and spread around the globe, particularly across the northern hemisphere, the accident has been categorised as “by far the most devastating in the history of nuclear power”.1 The incident served to dramatically and vividly remind the world of the potentially devastating national and transboundary consequences which may follow a nuclear accident, and it dispelled the myth that nuclear incidents create predominantly national safety risks. Suddenly all countries, even those without nuclear power capacity or situated in relative geographic isolation from nuclear sites, were forced to realise the risks that could be thrust upon them by a nuclear accident, even one occurring in a far distant state. Chernobyl demonstrated that despite the stationary nature of such plants, thanks to global wind currents external damage could be considerable. Journal: Nuclear Law Bulletin Year: 2012 Pages: 29-47 Volume: 2007 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7N5H1XN Template-type: ReDIF-Article 1.0 Author-Name: Quentin Michel Title: Critical Reflections on the Treaty on the Non-Proliferation of Nuclear Weapons Abstract: The announcement by American President G.W. Bush and Indian Prime Minister Singh on 18 July 2005 of an agreement on civil nuclear co-operation marked a fundamental change in three decades of American policy on trade in nuclear equipment and applied technology which brooked no exceptions. Journal: Nuclear Law Bulletin Year: 2012 Pages: 21-28 Volume: 2007 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7N5LG36 Template-type: ReDIF-Article 1.0 Author-Name: Gunther Kühne Title: Judicial Progress in Germany's Nuclear Waste Disposal Policy, The Konrad Repository Decisions of 26 March 2007 Abstract: The installation of final repositories for nuclear waste has been a most controversial topic on the German political agenda for decades. The beginning of efforts to solve this problem can be traced back to the 1970s when plans for the establishment of an Integrated Nuclear Waste Disposal Centre (Integriertes Entsorgungszentrum) in the State of Lower Saxony were developed. It was in this context that in 1976,1 the Atomic Energy Act (AEA) of 19592 (the 2002 consolidated text is reproduced in Supplement to Nuclear Law Bulletin No. 70) was amended by inserting Section 9a, paragraph 3, sentence 1, which reads very succinctly: “The Federation shall establish installations for the safekeeping and final disposal of radioactive waste.” Despite the subsequent AEA amendments of Section 9a, paragraph 3 and the addition of a paragraph 4 (1998)3 that were to allow the Federation to transfer the exercise of its functions to third parties, these administrative provisions were never used. Accordingly, full responsibility of the Federation for the fulfilment of its obligation under Section 9a, paragraph 3 of the AEA remains intact today. Journal: Nuclear Law Bulletin Year: 2012 Pages: 9-19 Volume: 2007 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7N79ZTF Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: National Legislative and Regulatory Activities Abstract: BelarusAct on the development of atomic energy in the Republic of Belarus (2008) Decree on the construction of a nuclear power plant (2007) Statute of the Department of Nuclear Safety and Radiation Protection in the Ministry of Emergency Situations – Gosatomnadzor (2007) France Decree establishing a Political Nuclear Council (2008) Decree authorising the establishment of the “Agence France Nucléaire International” within the Atomic Energy Commission (2008) Germany Ratification of the International Convention for the Suppression of Acts of Nuclear Terrorism (2007) Amendments to the 1993 Foreign Trade Ordinance (2008) List of Foreign Trade Regulations (2008) Italy Decree designating a working group to identify the procedures and methodology for establishing a centre for technological services and research (2008) Japan Criminal Radiation Emission Act (2007) Lithuania Amendment to the Law on the Nuclear Power Plant (2008) Poland Regulation on the emergency plans for radiation emergency (2007) Regulation on the requirements for controlled and supervised areas (2007) Regulation on the requirements for individual dose registration (2007) Regulation on the state owned public utility “Radioactive Waste Management Plant” (2007) Regulation on import, export and transit of spent nuclear fuel intended for reprocessing or storage (2007) Regulation on import, export and transit of nuclear materials, radioactive sources and equipment containing such sources (2007) Romania Government Decision on Romania’s Energy Policy for 2007 to 2010 (2007) Guidelines regarding the road haulage of hazardous goods on the Romanian territory (2007) Order adopting the INF Code (2008) Russian Federation Reform of the Russian nuclear power industry (2007) Slovenia Decree on the designation of affected areas and the compensation due to the limited use of land surrounding the Zirovki Vrh Uranium Mine (2008) Decree on safeguarding of nuclear materials (2008) Spain Law creating the Nuclear Safety Council (2007) Royal Decree amending the Regulation on Nuclear and Radioactive Installations (2008) Turkey Regulations on criteria to be met by investors who will construct and operate nuclear power plants (2008) European Union Commission Decision concerning the accession of the European Atomic Energy Community to the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (2007) Council Decision establishing Statutes for the Euratom Supply Agency (2008)Commission Decision establishing the standard document for the supervision and control of shipments of radioactive waste and spent fuel (2008) Journal: Nuclear Law Bulletin Year: 2008 Pages: 103-122 Volume: 2008 Issue: 1 Handle: RePEc:oec:neakaa:5K9H3NJ679TD Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Case Law Abstract: European Union – Judgement of the European Court of Justice on failure of a Member State to fulfil obligations under Directive 96/29/Euratom (2007) Germany – Judgement of the Federal Administration Court on the standing of third parties regarding attacks at interim storage facilities (2008) United States – Judgement of the US Court of Appeals on licensing of the LES Uranium Enrichment Facility (2007) Journal: Nuclear Law Bulletin Year: 2008 Pages: 99-101 Volume: 2008 Issue: 1 Handle: RePEc:oec:neakaa:5K9H3NJ69D8W Template-type: ReDIF-Article 1.0 Author-Name: Simon Carroll Title: Perspective on the Pros and Cons of a Pooling-type Approach to Nuclear Third Party Liability Abstract: The system of third party liability for nuclear damage established in the 1960s has been the model for many national legal systems in countries with nuclear power programmes. However, this approach has been criticised. It is argued that, with compensation limited to certain types of damage and with limits set well below the possible consequences of an accident, not all damage arising from an accident might be compensated. Moreover, relatively low levels of operator liability mean that risks associated with nuclear power are borne by the general public and that the generation of nuclear electricity is effectively subsidised. Debate about nuclear liability and compensation arrangements increased markedly after the 1986 Chernobyl accident, which brought into stark relief numerous deficiencies in the existing regimes. The subsequent revision of the international nuclear liability and compensation conventions has sought to address this criticism by establishing higher liability amounts and broadening the range of compensable nuclear damage, whilst leaving much of the original 1960s liability and compensation structure unchanged. Journal: Nuclear Law Bulletin Year: 2008 Pages: 75-97 Volume: 2008 Issue: 1 Handle: RePEc:oec:neakaa:5K9H3NJ6CS8N Template-type: ReDIF-Article 1.0 Author-Name: Stanley David Berger Title: Environmental Law Developments in Nuclear Energy Abstract: Climate change, the world’s unquenchable thirst for power and the geopolitical tensions and price instability associated with oil have combined to spark a renewed interest in nuclear energy. None of these factors would mean much if the nuclear industry had been plagued with significant safety concerns, but it has been 28 years since the Three Mile Island incident and 21 years since Chernobyl. In the interim, nuclear energy has provided a reliable source of base-load electricity to the United States, the United Kingdom and Canada.1 As of July 2007, over three-quarters of the operating nuclear reactor units in the U.S. have renewed or are seeking renewal of their operating licences for extended periods of up to 20 years.2 There are 19 separate locations at existing plants in the south eastern and north eastern United States, as well as Texas, which are currently considering constructing new nuclear reactors... Journal: Nuclear Law Bulletin Year: 2008 Pages: 55-73 Volume: 2008 Issue: 1 Handle: RePEc:oec:neakaa:5K9H3NJ6XQD0 Template-type: ReDIF-Article 1.0 Author-Name: Roland Kobia Title: The EU and Non-Proliferation: Need for a Quantum Leap? Abstract: The renewed interest in nuclear energy which is taking place within the wider framework of unabated growth in energy demand and consequential concerns with both security of supply and climate change, raises issues and calls for answers that go well beyond that context. Indeed, besides short and medium-term considerations and challenges, however important they indeed are, what is at stake might fundamentally be the peaceful future of international relations in the long-term. Journal: Nuclear Law Bulletin Year: 2008 Pages: 31-53 Volume: 2008 Issue: 1 Handle: RePEc:oec:neakaa:5K9H3NJ719Q4 Template-type: ReDIF-Article 1.0 Author-Name: Stephen G. Burns Title: Looking Backward, Moving Forward: Licensing New Reactors in the United States Abstract: Aresurgence of interest in new nuclear power generation as part of the energy mix has emerged around the world in the past few years. The reasons for this potential “nuclear renaissance” stem from a complex set of considerations, including the environmental benefits of no “greenhouse” gas emissions, the enhanced reliability of nuclear operations, advantageous fuel and operating costs and government incentives, among others. For the first time in a generation, electric generating companies are giving serious consideration to building new commercial nuclear power plants in the United States. Journal: Nuclear Law Bulletin Year: 2008 Pages: 7-29 Volume: 2008 Issue: 1 Handle: RePEc:oec:neakaa:5K9H3NJ73L9T Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Bilateral & Multilateral Agreements Abstract: This article lists nuclear bilateral & multilateral agreements concluded in 2008. Journal: Nuclear Law Bulletin Year: 2008 Pages: 197-225 Volume: 2008 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7RX4R20 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: International Regulatory Activities Abstract: International Atomic Energy Agency Guidance on the Import and Export of Radioactive Sources supplementary to the Code of Conduct on the Safety and Security of Radioactive Sources (2008) 52nd IAEA General Conference (2008) Journal: Nuclear Law Bulletin Year: 2008 Pages: 193-196 Volume: 2008 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7RX6RNP Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Texts Abstract: Belarus Act on the Use of Atomic Energy (2008) Decree on steps to be taken for the construction of a nuclear power plant (2007)Regulation on the Department for Nuclear Safety and Radiation Protection of the Ministry for Emergency Situations of the Republic of Belarus (2007) Resolution of the Security Council on the development of nuclear power generation (2008) Spain Act Creating the Nuclear Safety Council, consolidated text (2007) Journal: Nuclear Law Bulletin Year: 2008 Pages: 135-192 Volume: 2008 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7RX8SLW Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: National Legislative and Regulatory Activities Abstract: Belarus Act on the Use of Atomic Energy (2008) France Safety guideline on final disposal of radioactive waste in a deep geological repository (2008) Decree concerning the procedures applicable to foreign spent nuclear fuel and radioactive waste reprocessing (2008) Germany Amendment to the 1986 Act on Preventive Protection of the Public Against Radiation (2008) Order on the International Carriage of Dangerous Goods by Rail (2008) Act on the 2004 Protocols to Amend the Paris Convention and the Brussels Supplementary Convention; Act to Amend the Atomic Energy Act (2008) Hungary Energy Policy 2007-2020 Framework Strategy (2008) Indonesia Regulation on licensing of uses of ionizing radiation sources and nuclear materials (2008) Italy Implementing law on urgent provisions for economic development etc. (2008) Montenegro Law on the Environment (2008) Romania Decision on the organisational structure of the Nuclear Agency (2008) Decision on the selection of the investors of Units 3 and 4 of Cernavoda NPP (2008)Consolidated version the Civil Protection Law (2008) National strategy for preventing emergency situations (2008) National strategy for information sharing and communication in the event of an emergency (2008) Russian Federation Decree transferring responsibilities to the Ministry of Natural Resources and Ecology (2008) Slovak Republic Transposition of Council Directive 2006/117/Euratom (2008) Ukraine Decree creating the state enterprise “Nuclear Fuel” (2008) Amendment to the law on radioactive waste management (2008) United Kingdom New Ministry for Energy and Climate Change (2008) United States Next generation nuclear plant licensing strategy (2008) Public health and environmental radiation protection standards for Yucca Mountain, Nevada (2008) Inflation adjustment to the Price-Anderson Act (2008) Journal: Nuclear Law Bulletin Year: 2008 Pages: 119-134 Volume: 2008 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7RXBP8T Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Case Law Abstract: Canada Brunswick News Inc. v Her Majesty the Queen in the Right of the Province of New Brunswick denying release of nuclear power feasibility study (2008) Germany Judgement of the Federal Administration Court on the so-called “Biblis-obligations” (2008) United States Judgement of the U.S. Court of Federal Claims on the interpretation of the U.S. Department of Energy’s Standard Contract (2008) Summary Order of the U.S. Court of Appeals on petitions for revision of Nuclear Regulatory Commission regulations (2008) Journal: Nuclear Law Bulletin Year: 2008 Pages: 111-117 Volume: 2008 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7RXDJ9W Template-type: ReDIF-Article 1.0 Author-Name: Sam Emmerechts Author-Name: NEA Title: Environmental Law and Nuclear Law: A Growing Symbiosis, by Sam Emmerechts Abstract: International nuclear law has developed over the last 50 years and during most of its history its main focus has been on protecting people and property. Protection of the environment has only made an occasional appearance, and the international conventions on nuclear third party liability amply illustrate this point. Under the Paris Convention on Third Party Liability in the Field of Nuclear Energy (1960) and the Vienna Convention on Civil Liability for Nuclear Damage (1963) the notion of nuclear damage is understood to cover personal injury and property damage causally related to a nuclear incident. The conventions do not refer to environmental damage at all. Journal: Nuclear Law Bulletin Year: 2008 Pages: 91-110 Volume: 2008 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7RXGF7C Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Section 123 of U.S. Atomic Energy Act Abstract: This article provides the text of the U.S. Atomic Energy Act, Section 123. Cooperation With Other Nations. Journal: Nuclear Law Bulletin Year: 2008 Pages: 87-90 Volume: 2008 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7RZ1CS7 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Agreements/Statements Abstract: Joint Statement Between President George W. Bush and Prime Minister Manmohan Singh of 18 July 2005 (2005) India’s Separation Plan (2006) U.S.-India Nuclear Cooperation Agreement (2007) IAEA-India Safeguards Agreement (2008) NSG’s Statement on Civil Nuclear Cooperation with India (2008) Journal: Nuclear Law Bulletin Year: 2008 Pages: 29-85 Volume: 2008 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7RZ39KC Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Summary Notes Abstract: United States Legislation approving the U.S.-India 123 Agreement (2008) International Atomic Energy Agency Approval of India safeguards agreement by IAEA Board of Governors (2008) Nuclear Suppliers Group Statement on civil nuclear co-operation with India (2008) Journal: Nuclear Law Bulletin Year: 2008 Pages: 27-28 Volume: 2008 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7RZ5GS1 Template-type: ReDIF-Article 1.0 Author-Name: Yash Thomas Mannully Title: U.S.–India Nuclear Cooperation and Non-Proliferation Abstract: he “Agreement for Cooperation Between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy”1 (hereinafter referred to as “U.S.-India Nuclear Cooperation Agreement” or “123 agreement”) acknowledges a shift in international strategies and relations in both countries. As to India, it marks the end of nuclear isolation resulting from constraints, embargoes and controls and instead opens the path for nuclear commerce. With respect to the United States it entails a major geo-strategic ally in the evolving South- Asia region and promises large commercial benefits to the U.S. nuclear sector. This so called “nuclear deal” constitutes one of the major political, economic and strategic relationships developing between the two countries since 2001. It will lead to the separation of military and civilian nuclear installations in India, the latter to be placed under the safeguards system of the International Atomic Energy Agency (IAEA). It thus de facto accepts India in the club of nuclear weapon states within the meaning of the Treaty on the Non-proliferation of Nuclear Weapons (NPT)2 although it is not party to this treaty, refuses adhering to it, officially possesses nuclear weapons and is not subject to a comprehensive system of safeguards. Journal: Nuclear Law Bulletin Year: 2008 Pages: 9-26 Volume: 2008 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW7RZMLHD Template-type: ReDIF-Article 1.0 Author-Name: Carlton Stoiber Title: The Review Conference Mechanism in Nuclear Law: Issues and Opportunities Abstract: Over the past several decades the international community has increasingly come to rely on periodic multilateral conferences or meetings:  1) as a means for reviewing implementation of a wide variety of legal instruments, including those addressing nuclear non-proliferation, safety, waste management, physical protection and security. Also, the parties to some instruments that do not explicitly mandate review meetings have decided to conduct de facto review meetings to enhance implementation. Although the structure and procedures of these meetings differ in some particulars, they reflect a number of common objectives, organisational arrangements and procedures. This paper seeks to assess the major issues arising from reliance on the review conference;  2) mechanism as a measure for enhancing the effectiveness of multilateral legal instruments, particularly those in the nuclear field. In view of the perceived failure of the 2005 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons and the need to avoid a similar result at the upcoming 2010 Review Conference, it is hoped that this analysis will provide a timely – and possibly even useful – “review” of the review conference mechanism. Journal: Nuclear Law Bulletin Year: 2009 Pages: 5-27 Volume: 2009 Issue: 1 Handle: RePEc:oec:neakaa:5KSDXHGL1PG5 Template-type: ReDIF-Article 1.0 Author-Name: Lisa Tabassi Title: National Implementation and Enforcement of Nuclear-Weapon-Free Zone Treaties Abstract: The act of establishing a nuclear-weapon-free zone (NWFZ) by a state is a sovereign right protected by Article 1 of the Charter of the United Nations and Article VII of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). It is a step towards nuclear disarmament by restricting the areas on earth and in space where such weapons may be freely produced, moved, tested, stationed and used. It is a measure of national security for states that wish to distance their territory and their populations completely from the nuclear arms race, its implications and its effects on development, health and international relations. When the African Nuclear-Weapon-Free Zone Treaty (Treaty of Pelindaba) enters into force, probably this year, over half of the earth’s land mass and 119 countries will be protected in such zones. Journal: Nuclear Law Bulletin Year: 2009 Pages: 29-57 Volume: 2009 Issue: 1 Handle: RePEc:oec:neakaa:5KSDXHGKZJD3 Template-type: ReDIF-Article 1.0 Author-Name: Hanns Näser Title: The Decommissioning of Asse II: Burden of the Past in the Federal Republic of Germany Abstract: Asse II, a salt mine in the salt formation of the Upper Permian near Wolfenbüttel, has been the subject of heated debates on environmental policy and law in the Federal Republic of Germany for some time. Until 1995, Asse II was used as a trial facility for the development of techniques for the final disposal of low and intermediate level radioactive waste. Potash and salt rock were produced in this facility from 1909 and 1964 and, after termination Journal: Nuclear Law Bulletin Year: 2009 Pages: 59-75 Volume: 2009 Issue: 1 Handle: RePEc:oec:neakaa:5KSDXHGKTKZN Template-type: ReDIF-Article 1.0 Author-Name: Laetitia Grammatico-Vidal Title: Changes in the Legal Status of the Commissariat à l'énergie atomique (CEA) Abstract: This provision in the Ordinance of 18 October 19451 is the birth certificate for the Atomic Energy Commission (hereinafter CEA, Commissariat à l’énergie atomique), a public entity whose legal nature has, for a long time now, been unique and the subject of debate. On 18 October 2009, the CEA will nevertheless celebrate its 64th anniversary. Journal: Nuclear Law Bulletin Year: 2009 Pages: 77-86 Volume: 2009 Issue: 1 Handle: RePEc:oec:neakaa:5KSDXHGKSCJG Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Case Law Abstract: By decision dated 7 April 2009, Mr. Justice Hughes of the Federal Court of Canada denied an application for judicial review submitted by Linda Keen, the former President of the Canadian Nuclear Safety Commission (CNSC), by which she challenged the legality of the Order in Council which removed her as President. The court dismissed the application,2 finding that the decision had been lawful. Journal: Nuclear Law Bulletin Year: 2009 Pages: 87-98 Volume: 2009 Issue: 1 Handle: RePEc:oec:neakaa:5KSDXHGKR835 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: National Legislative and Regulatory Activities Abstract: One amendment changes the funding of the activities of the Federal Agency for Nuclear Control (FANC) whereby part of the fees is transformed into taxes. Besides taxes, fees and administrative fines, funding is possible by means of donations, legacies and extra fees. Journal: Nuclear Law Bulletin Year: 2009 Pages: 99-115 Volume: 2009 Issue: 1 Handle: RePEc:oec:neakaa:5KSDXHGKPZLW Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Radioactive Waste Management Act (Republic of Korea, 2009) Abstract: The purpose of this act is to safeguard against the dangers and harmful effects of radioactive waste and to contribute to public safety and environmental protection by laying down requirements for the safe and efficient management of radioactive waste. Journal: Nuclear Law Bulletin Year: 2009 Pages: 117-133 Volume: 2009 Issue: 1 Handle: RePEc:oec:neakaa:5KSDXHGKJ8MP Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: International Regulatory Activities Abstract: This revised proposal,1 adopted by the European Commission on 26 November 2008, replaces and updates the one tabled in September 2004.2 It is based on the principles and requirements of both the Convention on Nuclear Safety3 (CNS) and the International Atomic Energy Agency (IAEA) Safety Fundamentals. Journal: Nuclear Law Bulletin Year: 2009 Pages: 135-139 Volume: 2009 Issue: 1 Handle: RePEc:oec:neakaa:5KSDXHGK09BV Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Bilateral Agreements Abstract: This article presents a selective list of bilateral agreements which have been concluded during the course of the first half of 2009. Journal: Nuclear Law Bulletin Year: 2009 Pages: 141-141 Volume: 2009 Issue: 1 Handle: RePEc:oec:neakaa:5KSDXHGJZ5Q4 Template-type: ReDIF-Article 1.0 Author-Name: Norbert Pelzer Title: Nuclear New Build: New Nuclear Law? Abstract: In April 2009, 61 states and seven international organisations with a total of 808 participants and observers convened in Beijing at an international ministerial conference, organised by the International Atomic Energy Agency (IAEA) in co-sponsorship with the Nuclear Energy Agency of the Organisation for Economic Co-operation and Development (OECD/NEA), to deal with nuclear energy in the 21st century.1 In his concluding statement, the president of that conference stressed that “the conference recognizes the positive momentum towards nuclear power and the decisions by many developed and developing states to pursue the use of nuclear energy”.2 According to the Director General of the IAEA, more than 60 countries declared their interest in launching nuclear power programmes. Journal: Nuclear Law Bulletin Year: 2010 Pages: 5-21 Volume: 2009 Issue: 2 Handle: RePEc:oec:neakaa:5KMN1C7R09ZT Template-type: ReDIF-Article 1.0 Author-Name: Massimo Garribba Author-Name: Amelia Chirte Author-Name: Monika Nauduzaite Title: The Directive Establishing a Community Framework for the Nuclear Safety of Nuclear Installations: The EU Approach to Nuclear Safety Abstract: Nuclear safety is and remains an absolute priority for the European Union (EU). As of November 2009, there are 145 nuclear power plants operating in 15 member states of the EU (hereinafter referred to as “member states”). The importance of nuclear safety increases with a view to the growing number of member states which have expressed a renewed interest in nuclear energy. Journal: Nuclear Law Bulletin Year: 2010 Pages: 23-33 Volume: 2009 Issue: 2 Handle: RePEc:oec:neakaa:5KMN1C7QXCTB Template-type: ReDIF-Article 1.0 Author-Name: Jakub Handrlica Title: Harmonisation of Nuclear Liability in the European Union: Challenges, Options and Limits Abstract: Recent discussions have identified gaps in the existing nuclear liability regimes in a more focused fashion. The so-called nuclear renaissance or nuclear new build1 cannot be limited to the mere multiplication of nuclear power plants. It must take place together with the creation and strengthening of legal frameworks for nuclear safety and radiation protection, security and safeguards. As the Nuclear Energy Agency of the Organisation for Economic Co-operation and Development (OECD/NEA) highlights in its Nuclear Energy Outlook 2008... Journal: Nuclear Law Bulletin Year: 2010 Pages: 35-64 Volume: 2009 Issue: 2 Handle: RePEc:oec:neakaa:5KMN1C7QVTNQ Template-type: ReDIF-Article 1.0 Author-Name: Fabrizio Iaccarino Title: Resurgence of Nuclear Energy in Italy Abstract: The centre-right Italian Government, headed by Prime Minister Silvio Berlusconi,1 has taken the first steps to pave the way for the resurgence of nuclear energy in Italy, the most serious attempt since the 1987 moratorium on nuclear power production. At the moment, Italy faces the legal, economic, technical and societal challenges of launching a new nuclear programme, and all players involved are aware of the fact that redefining the nuclear legal framework will be a crucial part to this endeavour. Journal: Nuclear Law Bulletin Year: 2010 Pages: 65-80 Volume: 2009 Issue: 2 Handle: RePEc:oec:neakaa:5KMN1C7QT2ZN Template-type: ReDIF-Article 1.0 Author-Name: Alexis Vasmant Title: International Legal Instruments Promoting Synergies in Nuclear Safety, Security and Safeguards: Myth or Reality? Abstract: With the discovery of radioactivity and ionizing radiation at the turn of the twentieth century, mankind broke new ground in science and technology. These discoveries, which we now call the “dawn of the nuclear age”,1 paved the way for hundreds of scientists and engineers in their quest to improve our standard of living through progress in science. During the last century, the research they carried out and the tools they designed have provided modern societies with unprecedented progress in a variety of fields, from medicine and agriculture to electricity production and industrial uses.2 Unfortunately, this progress came at a high price to humanity: the making of an atomic bomb. Journal: Nuclear Law Bulletin Year: 2010 Pages: 81-102 Volume: 2009 Issue: 2 Handle: RePEc:oec:neakaa:5KMN1C7QRJ24 Template-type: ReDIF-Article 1.0 Author-Name: Laetitia Grammatico-Vidal Title: The International Thermonuclear Experimental Reactor (ITER) International Organisation: Which Laws Apply to this International Nuclear Operator? Abstract: ITER is a research project the purpose of which is to demonstrate the scientific and technical feasibility of fusion as a new source of energy. After construction of large Tokamaks,1 such as the JT60 in Japan, TFTR (Tokamak Fusion Test Reactor) in the United States, JET (Joint European Torus) in the United Kingdom and Tore Supra in France, this project is the last stage of research to be conducted before construction of an industrial Journal: Nuclear Law Bulletin Year: 2010 Pages: 103-113 Volume: 2009 Issue: 2 Handle: RePEc:oec:neakaa:5KMN1C7QPRVD Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Case Law Abstract: Canada – R. v Bruce Power Inc. (2009) European Union – Judgement of the European Court of Justice in the Case Land Oberosterreich v CEZ (2009) United States – Judgement of a U.S. Court of Appeals on the design basis threat security rule (2009) Judgement of a U.S. Court of Appeals on consideration of the environmental impacts of terrorist attacks on nuclear facilities (2009) Judgement of a U.S. District Court on interstate compacts�f authority to restrict private disposal of foreign low-level radioactive waste (2009) Journal: Nuclear Law Bulletin Year: 2010 Pages: 115-127 Volume: 2009 Issue: 2 Handle: RePEc:oec:neakaa:5KMN1C7QN36L Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: National Legislative and Regulatory Activities Abstract: BELARUS The Statute on the State Supervision in the Field of Nuclear Safety and Radiation Protection (2008) Amendment to the Law on Radiation Protection of the Public (2008) Environmental impact assessment laws (2009) The Statute on the Discussion of Questions of the Public in the Field of Atomic Energy (2009) BELGIUM Decree regarding the minimum criteria for X-ray apparatus use in veterinary medicine (2009) Decree of the Federal Agency for Nuclear Control on the determination of exemption levels (2009) ESTONIA National Development Plan (2009) New Radiation Safety Department (2009) Amendment to the Radiation Protection Act (2009) GERMANY Ordinance on the Shipment of Radioactive Waste or Spent Fuel (2009) Amendments to Acts and Ordinances on the Transport of Dangerous Goods (2009) Amendments to the 1961 Foreign Trade Act and 1993 Foreign Trade Ordinance (2009) ITALY Law No. 99 of 23 July 2009 including provisions on the resurgence of nuclear energy (2009)  ROMANIA Decision on the prohibition of dangerous labour for children (2009) Amendment to the regulations on the organisation and operation of CNCAN (2009) Decision on the repatriation of nuclear material to the Russian Federation (2009) Decision on the processing of uranium stocks (2009) General requirements on environmental impact assessment (2009) SPAIN Regulation on the transboundary shipments of radioactive waste and spent fuel (2009) Regulation on installation and use of X-ray devices for medical diagnostic purposes (2009) UNITED ARAB EMIRATES Federal law on the peaceful use of nuclear energy (2009) UNITED STATES Final regulations criminalising unauthorised introduction of dangerous weapons (2009) Journal: Nuclear Law Bulletin Year: 2010 Pages: 129-140 Volume: 2009 Issue: 2 Handle: RePEc:oec:neakaa:5KMN1C7QL15F Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Texts Abstract: This article presents the texts of the Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations, the Italian Law No. 99 of 23 July 2009 providing Provisions for the development and internationalisation of firms, with particular reference to energy, and the Japanese Act on Compensation for Nuclear Damage (Act No. 147 of 1961), Act on Indemnity Agreements for Compensation of Nuclear Damage (Act No. 148 of 1961), Order for the Execution of the Act on Compensation for Nuclear Damage (Cabinet Order No. 44 of 6 March 1962), and Order for the Execution of the Act on Indemnity Agreements for Compensation of Nuclear Damage (Act No. 45 of 1962). Journal: Nuclear Law Bulletin Year: 2010 Pages: 141-188 Volume: 2009 Issue: 2 Handle: RePEc:oec:neakaa:5KMN1C7Q1H7C Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: International Regulatory Activities Abstract: This article describes the international nuclear regulatory activities of Euratom and IAEA during 2009. Journal: Nuclear Law Bulletin Year: 2010 Pages: 189-192 Volume: 2009 Issue: 2 Handle: RePEc:oec:neakaa:5KMN1C7PZXJC Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Bilateral and Multilateral Agreements Abstract: This article presents a list of Bilateral and Multilateral Agreements on nuclear law concluded during the second half of 2009.   Journal: Nuclear Law Bulletin Year: 2010 Pages: 193-206 Volume: 2009 Issue: 2 Handle: RePEc:oec:neakaa:5KMN1C7PXGMV Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Bilateral Agreements Abstract: This article presents a list of bilateral agreements. Journal: Nuclear Law Bulletin Year: 2010 Pages: 151-152 Volume: 2010 Issue: 1 Handle: RePEc:oec:neakaa:5KMBV3CPS0BV Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: International Regulatory Activities Abstract: This article describes the international nuclear regulatory activities of the European Atomic Energy Community and the IAEA in 2009 and 2010. Journal: Nuclear Law Bulletin Year: 2010 Pages: 147-149 Volume: 2010 Issue: 1 Handle: RePEc:oec:neakaa:5KMBV3CRNRWJ Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Decree setting out rules for the siting, construction and operation of nuclear installations Abstract: This article presents the text of the Italian Decree setting out rules for the siting, construction and operation of nuclear installations of 23 July 2009.   Journal: Nuclear Law Bulletin Year: 2010 Pages: 113-146 Volume: 2010 Issue: 1 Handle: RePEc:oec:neakaa:5KMBV3CT935D Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: National Legislative and Regulatory Activities Abstract: BELARUS Amendments to laws on the use of atomic energy (2009) Criminal law on acts concerning the use of radioactive sources and administrative law for non-criminal violations of radiation safety requirements (2009) EGYPT Law on activities in the nuclear and radiation field (2010) FRANCE Decree establishing a Committee on industrial co-ordination of radioactive waste (2010)Law on the recognition and indemnification of victims of nuclear tests conducted by France (2010) GERMANY Tenth Amendment to the Atomic Energy Act (2010) Act on Environmental Impact Assessment (2009) Radiation Protection Commission (2009) Act on the Protection against Non-ionizing Radiation (2009) International transport of dangerous goods by road (2009) IRELAND Order to amend Regulations on Active Implantable Medical Devices (2010)Amendment to Medical Devices Regulations (2010) ITALY Decree setting out rules for the siting, construction and operation of nuclear installations (2010) ROMANIA Law on the reorganisation of public authorities (2009) Government Decision on the reorganisation of electric power producers (2010) SLOVAK REPUBLIC Amendment of the Atomic Act (2009) SPAIN Law regulating limited investment companies quoted on the real estate market (2009) UKRAINE Overview of recent amendments to laws in the field of nuclear energy (2009) Journal: Nuclear Law Bulletin Year: 2010 Pages: 103-11 Volume: 2010 Issue: 1 Handle: RePEc:oec:neakaa:5KMBV3CVJ3MW Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Case Law Abstract: Belgium – Constitutional Court ruling on nuclear taxes (2010) Brazil – Federal Court ruling on partial licence for works at Angra III (2009) Canada – Federal Court decision respecting intellectual property and trade mark infringement action: Atomic Energy of Canada Ltd. v Areva NP Canada Ltd (2009) United States – Judgement of a U.S. Court of Appeals on consideration of the environmental impacts of the risk of spent fuel pool fires (2009) Judgement of a U.S. Court of Appeals on a licence to perform in situ leach uranium mining (2010) Journal: Nuclear Law Bulletin Year: 2010 Pages: 93-102 Volume: 2010 Issue: 1 Handle: RePEc:oec:neakaa:5KMBV3CXKJ5B Template-type: ReDIF-Article 1.0 Author-Name: Wolf-Georg Schärf Title: The Temelín-Judgement of the European Court of Justice Abstract: On 27 October 2009, the European Court of Justice (ECJ) rendered its milestone decision in the so called ÈEZ case which deals with the operation of the Temelín nuclear power plant in the Czech Republic. The nuclear power plant in Temelín has strongly strained the relationship between Austria and the Czech Republic throughout its history, involving not only local communities but also high level politicians, members of parliament and European Union institutions. For the outside world it is difficult to understand that antinuclear politics is part of the Austrian identity. Against the background of this tense relationship, the case was brought before the ECJ, whose judgement shall be analysed in this paper. Journal: Nuclear Law Bulletin Year: 2010 Pages: 79-91 Volume: 2010 Issue: 1 Handle: RePEc:oec:neakaa:5KMBV3D1FJMS Template-type: ReDIF-Article 1.0 Author-Name: Fabrizio Iaccarino Title: Nuclear Renaissance in Italy: Maintaining Momentum Abstract: Following the adoption of Law No. 99 of 23 July 2009, Italy is on the threshold of returning to nuclear power, even though there are many more challenges yet to overcome. It should be recalled that Law No. 99/2009 includes enabling provisions empowering the Government to issue one or more implementing decrees providing rules for the siting of new nuclear power plants, the licensing process for the construction, operation and dismantling of those plants, as well as rules for interim storage and the final disposal of nuclear waste. On 15 February 2010, upon the proposal of the Ministry of Economic Development, the Italian Council of Ministers issued Legislative Decree No. 31/20102 (hereinafter “decree”) implementing the enabling provisions. Journal: Nuclear Law Bulletin Year: 2010 Pages: 65-78 Volume: 2010 Issue: 1 Handle: RePEc:oec:neakaa:5KMBV3FSD9ZR Template-type: ReDIF-Article 1.0 Author-Name: Brenda MacKenzie Title: The Independence of the Nuclear Regulator: Notes from the Canadian Experience Abstract: The firing of Linda Keen as President and Chief Executive Officer of the Canadian Nuclear Safety Commission provoked considerable debate within Canada and internationally about the independence of the Canadian nuclear regulator. Ms. Keen was dismissed from her position at the height of the crisis over a world-wide shortage of medical isotopes caused by the shut-down of the research reactor in Chalk River, Ontario. Under the terms of its licence, the reactor was required to have two cooling pumps connected to an emergency power supply as a backup in case of a power outage caused by an event such as an earthquake. In November 2007, after it was discovered that the pumps were not connected, the reactor was shut down. As panic over the shortage of medical isotopes grew, the government took three extraordinary measures: first, it issued a directive; second, it introduced emergency legislation in Parliament; and finally, it fired Linda Keen as President of the Commission. This paper examines those three measures and whether they constituted an unwarranted interference with the independence of the Canadian nuclear regulator. Journal: Nuclear Law Bulletin Year: 2010 Pages: 35-63 Volume: 2010 Issue: 1 Handle: RePEc:oec:neakaa:5KMBV3FXFRMS Template-type: ReDIF-Article 1.0 Author-Name: Yvan Pouleur Author-Name: Petr Krs Title: The Momentum of the European Directive on Nuclear Safety: From the Complexity of Nuclear Safety to Key Messages Addressed to European Citizens Abstract: In line with citizens’ expectations, a fundamental step was made in 2009 when the EU adopted a binding legal framework for nuclear safety, thereby bringing legal certainty and providing appropriate guarantees to the public. The EU is the first major regional nuclear actor in the world to have such legally binding safety rules, constituting a model for other countries. Journal: Nuclear Law Bulletin Year: 2010 Pages: 5-33 Volume: 2010 Issue: 1 Handle: RePEc:oec:neakaa:5KMBV3GBR38P Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Bilateral and Multilateral Agreements Abstract: This article provides a list of bilateral and multilateral nuclear aAgreements in force. Journal: Nuclear Law Bulletin Year: 2011 Pages: 93-106 Volume: 2010 Issue: 2 Handle: RePEc:oec:neakaa:5KG0M1KVV0VC Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: International Regulatory Activities Abstract: This article describes nuclear regulatory activities of the IAEA in 2010. Journal: Nuclear Law Bulletin Year: 2011 Pages: 89-91 Volume: 2010 Issue: 2 Handle: RePEc:oec:neakaa:5KG0M1KVXWQ4 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: National Legislative and Regulatory Activities Abstract: CANADACriminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010) CZECH REPUBLIC Supreme Administrative Court on the legal status of ÈEZ (2010) National Legislative and Regulatory Activities BULGARIA Amendment to the Act on the Safe Use of Nuclear Energy (2010) FRANCE Law on the new organisation of the electricity market (2010) GERMANY Amendment to the Atomic Energy Act extending the operating lifetime of nuclear power plants (2010) Amendment to the Reliability Assessment Ordinance (2010)Amendment to the Ordinance on Persons Responsible for Nuclear Safety and on Reportable Events (2010) Amendment to the Environmental Impact Assessment Act (2010) GREECE Decree transposing European Council Directive 2006/117/Euratom (2010) INDIA Civil Nuclear Liability Act (2010) ROMANIA Amendment to Article 35 of Law 111/1996 regarding new tasks of CNCAN (2010)Order approving norms regarding the radiological monitoring or recyclable metal materials (2010) SERBIA Establishment of the Agency for Radiation Protection and Nuclear Safety (2009) SLOVENIA Rules on operational safety of radiation and nuclear facilities (2009) Rules on radiation and nuclear safety factors (2009) Act on Liability for Nuclear Damage (2010) SWEDEN Abolishment of the Act on phasing out of nuclear energy (2010) Act on Liability and Compensation for Nuclear Damage (2010) UNITED STATES Final rule on the independent storage of spent nuclear fuel (2010) Status of the high-level waste repository programme (2010) Comprehensive Iran Sanctions, Accountability and Divestment Act (2010) Final rule on the export and import of nuclear equipment and material (2010) Journal: Nuclear Law Bulletin Year: 2011 Pages: 75-88 Volume: 2010 Issue: 2 Handle: RePEc:oec:neakaa:5KG0M1KWJGXP Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Case Law Abstract: Canada – Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010) Czech Republic – Supreme Administrative Court on the legal status of CEZ (2010) Journal: Nuclear Law Bulletin Year: 2011 Pages: 67-73 Volume: 2010 Issue: 2 Handle: RePEc:oec:neakaa:5KG0M1L2LPMP Template-type: ReDIF-Article 1.0 Author-Name: Marie Cletienne Title: International Court of Justice on Potential Transboundary Damage and its Consequences in Nuclear Law Abstract: On 4 May 2006, Argentina filed in the International Court of Justice (hereinafter “ICJ”) an application instituting proceedings against Uruguay. Argentina claimed that Uruguay, by authorising the construction of a pulp mill (the “CMB mill”) and the construction and commissioning of another pulp mill (the “Orion mill”), breached its obligations under the 1975 Statute of the River Uruguay, a treaty between Argentina and Uruguay, notably the obligation to take all necessary measures for the optimum and rational utilisation of the River Uruguay. Journal: Nuclear Law Bulletin Year: 2011 Pages: 59-66 Volume: 2010 Issue: 2 Handle: RePEc:oec:neakaa:5KG0M1L2T66K Template-type: ReDIF-Article 1.0 Author-Name: Norbert Pelzer Title: Deliberations on Compensation and Remediation of Nuclear Damage to the Environment Abstract: At its meeting held on 17 and 18 November 2009,1 the OECD NEA.s Nuclear Law Committee (NLC) discussed the issue of obtaining financial security to cover liability for environmental damage. The experts from the insurance industry observed that the liability for environmental damage under the ¡°2004 Paris Convention on Third Party Liability in the Field of Nuclear Energy¡± (2004 Paris Convention)2 may differ from the liability established under the ¡°Directive 2004/35/EC of Journal: Nuclear Law Bulletin Year: 2011 Pages: 49-57 Volume: 2010 Issue: 2 Handle: RePEc:oec:neakaa:5KG0M1L2WX6K Template-type: ReDIF-Article 1.0 Author-Name: Jakub Handrlica Title: The Brussels I Regulation and Liability for Nuclear Damage Abstract: Prior to 2004, the map of the European Union seemed to be basically identical to the map of the contracting parties to the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 (thereinafter “the Paris Convention”).1 The 2004 and 2007 enlargements were mainly composed of the contracting parties to the Vienna Convention on Civil Liability for Nuclear Damage of 1963 (thereinafter “the Vienna Convention”).2 In various discussions, the term “nuclear liability patchwork” is used to describe this existing situation.3 One of the problems arising from this “patchwork” is that, while a uniform legal framework was established for matters of jurisdiction and the enforcement of decisions under the authority given to the European Union (“EU”) by the Council Regulation on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (hereinafter “Brussels Regulation”),4 this overall framework does not apply to particular matters governed by the special conventions to which member states may be contracting parties, see Article 71 of the Brussels Regulation. Journal: Nuclear Law Bulletin Year: 2011 Pages: 29-47 Volume: 2010 Issue: 2 Handle: RePEc:oec:neakaa:5KG0M1L30FKH Template-type: ReDIF-Article 1.0 Author-Name: Miguel Sousa Ferro Title: Competition Law and the Nuclear Sector: An EU Outlook Abstract: Competition law essentially aims at preventing harmful distortions of competition in the market which may be caused by agreements between companies, by the abusive behaviour of dominant companies, by structural changes in the market due to mergers or by state aid.1 However, often such practices and measures are actually necessary to render certain services viable, to obtain new or better products, to pursue other policies for the greater benefit of the collective, etc. Occasionally, this raises interesting issues in the nuclear sector. Journal: Nuclear Law Bulletin Year: 2011 Pages: 13-27 Volume: 2010 Issue: 2 Handle: RePEc:oec:neakaa:5KG0M1L32TJG Template-type: ReDIF-Article 1.0 Author-Name: Abdelwahab Biad Title: Between Shadow and Light: The Treaty on the Non-Proliferation of Nuclear Weapons Forty Years On Abstract: “Despite its flaws and weaknesses, the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) remains an invaluable instrument for international security… There is no alternative but to support and strengthen the NPT…” Foreign Affairs, Defence and Armed Forces Committee of the French Senate Journal: Nuclear Law Bulletin Year: 2011 Pages: 5-12 Volume: 2010 Issue: 2 Handle: RePEc:oec:neakaa:5KG0M1L34Z0Q Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: National legislative and regulatory activities Abstract: Belgium – Amendment of the Act on classification and security clearances, certifications and security notifications Czech Republic – Resolution of the government of the Czech Republic on the time schedule of preparatory works for enlarging the nuclear power plant Temelín Finland – Temporary Amendment to the Nuclear Liability Act Ireland – Merchant Shipping Act Romania – Emergency Ordinance on the identification, designation and protection of critical infrastructures Emergency Ordinance on the control regime of dual-use items Amendment to the Act on the safe conduct of nuclear activities Nuclear safety norms on design and construction of nuclear power plants and nuclear safety norms on siting of nuclear power plants United Kingdom – Establishment of the Office for Nuclear Regulation United States – Waste Confidence Decision and Rule Update Response to recent events in Japan Journal: Nuclear Law Bulletin Year: 2011 Pages: 93-102 Volume: 2011 Issue: 1 Handle: RePEc:oec:neakaa:5KG1ZQXGWNNS Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Case law Abstract: France – Decision of the Administrative Court in Strasbourg on the permanent shutdown of the Fessenheim nuclear power plant (2011) United States – Judgment of a US Court of Appeals on public access to sensitive security information and consideration of the environmental impacts of terrorist attacks on nuclear facilities (2011) Journal: Nuclear Law Bulletin Year: 2011 Pages: 87-91 Volume: 2011 Issue: 1 Handle: RePEc:oec:neakaa:5KG1ZQXGZTJF Template-type: ReDIF-Article 1.0 Author-Name: Ben McRae Title: Convention on Supplementary Compensation for Nuclear Damage (CSC) and harmonisation of nuclear liability law within the European Union Abstract: Recent events at the Fukushima Daiichi nuclear power plants have demonstrated the importance of having strong and effective nuclear liability regimes in effect at the national and global levels to assure the availability of prompt and equitable compensation for nuclear damage in the event of a nuclear incident. In the aftermath of Chernobyl, the international community came together under the auspices of the International Atomic Energy Agency (IAEA) and the OECD Nuclear Energy Agency (OECD/NEA) to review the nuclear liability principles in the 1963 Vienna Convention 1 and the 1960 Paris Convention,2 consider enhancements to improve the effectiveness of those principles and develop the basis for establishing a worldwide liability regime to supplement and enhance those principles with a view to increasing the amount of compensation available for nuclear damage.3 After an extensive and thorough review of the then existing liability regimes and numerous proposals for improvements, the international community adopted the Convention on Supplementary Compensation for Nuclear Damage (CSC)to be the basis for a worldwide liability regime. With the recent ratification of the CSC by the United States, the CSC is poised to come into effect. Now is the time for the international community, and especially those countries that use and promote the use of nuclear power, to act to bring the CSC into effect. Such action will establish a global regime Journal: Nuclear Law Bulletin Year: 2011 Pages: 73-86 Volume: 2011 Issue: 1 Handle: RePEc:oec:neakaa:5KG1ZQXH267J Template-type: ReDIF-Article 1.0 Author-Name: Sam Emmerechts Author-Name: Christian Raetzke Author-Name: Benjamin Okra Title: Legal and regulatory aspects of long-term operation of nuclear power plants in OECD member countries Abstract: Nuclear power plants are typically designed to operate for 30 to 40 years. Between 2010 and 2020 a large number of nuclear power plants in the world and in OECD member countries, in particular, will reach their 30th or 40th anniversary. 1 As of June 2011, out of 440 nuclear power plants operating in the world, approximately 81% had been in operation for more than 20 years and about 35% for more than 30 years.2 In OECD member countries there are at present 339 nuclear reactors in operation, of which 135 reactors (39.8% of the total number) are over 30 years old and 15 reactors (4.4% of the total number) are over 40 years old. All nuclear reactors in Finland have reached their 30th anniversary while in the United States 56% of all reactors are beyond 30. In the United Kingdom and Germany about 42% of nuclear reactors are older than 30 years while in Canada, France and Japan, the respective percentages in this age bracket amount to 22%, 34% and 30%. Journal: Nuclear Law Bulletin Year: 2011 Pages: 45-71 Volume: 2011 Issue: 1 Handle: RePEc:oec:neakaa:5KG1ZQXH49LW Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Regulatory and institutional framework in Japan against the background of Fukushima Abstract: On 11 March 2011, Japan endured one of the worst natural disasters in its history when a massive earthquake hit the Pacific coast of the country, followed by a tsunami, which led to a terrible loss of lives. It also led to serious accidents at the Fukushima Daiichi nuclear power units which the Japanese authorities classified at level 7 on the International Nuclear Journal: Nuclear Law Bulletin Year: 2011 Pages: 27-44 Volume: 2011 Issue: 1 Handle: RePEc:oec:neakaa:5KG1ZQXH695F Template-type: ReDIF-Article 1.0 Author-Name: Selma Kus Title: International nuclear law in the 25 years between Chernobyl and Fukushima and beyond… Abstract: This issue of the Nuclear Law Bulletin opens with a paper dedicated both to legal developments since the accident at the Chernobyl nuclear power plant 25 years ago and possible legal implications of the accidents at Fukushima Daiichi which occurred after Japan was struck by a devastating earthquake on 11 March 2011. Journal: Nuclear Law Bulletin Year: 2011 Pages: 7-26 Volume: 2011 Issue: 1 Handle: RePEc:oec:neakaa:5KG1ZQXHFCLS Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Documents and legal texts Abstract: European Union  Council Directive 2011/70/EURATOM of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste  India  The Civil Liability for Nuclear Damage Act  Civil Liability for Nuclear Damage Rules  Republic of Korea  Act on Establishment and Operation of Nuclear Safety Commission Russian Federation Federal Law on the Management of Radioactive Wastes and amendments to certain legislative acts of the Russian Federation Journal: Nuclear Law Bulletin Year: 2012 Pages: 131-200 Volume: 2011 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW8KLX9HB Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Multilateral agreements Abstract: This article describes the status of nuclear multilateral agreements in force as of December 2011. Journal: Nuclear Law Bulletin Year: 2012 Pages: 107-129 Volume: 2011 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW8KM0FBN Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Intergovernmental organisation activities Abstract: European Atomic Energy Community  Adopted legislative instruments  Reports  Meetings  International Atomic Energy Agency  IAEA Action Plan on Nuclear Safety  Non-binding instrument on the transboundary movement of scrap metal 55th IAEA General Conference Basic Safety Standards Nuclear Law Institute OECD Nuclear Energy Agency Basic Safety Standards International Nuclear Law Essentials International School of Nuclear Law New members Russian Federation request for membership Journal: Nuclear Law Bulletin Year: 2012 Pages: 99-106 Volume: 2011 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW8KM4W7H Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: National legislative and regulatory activities Abstract: Bulgaria General legislation  Czech Republic General legislation France  General legislation  Regulatory infrastructure and activity Germany  General legislation  India  Liability and compensation  Organisation and structure Ireland  Radiation protection  General legislation  Korea (Republic of)  Organisation and structure  Lithuania  Regulatory infrastructure and activity  Radioactive waste management  Radiation protection  International co-operation  Nuclear safety  Poland  General legislation Romania Environmental protection Russian Federation Radioactive waste management Slovenia Nuclear safety Spain Liability and compensation Nuclear security Sweden Nuclear safety Turkey Radiation protection Regulatory infrastructure and activity Nuclear safety Liability and compensation United States General legislation Journal: Nuclear Law Bulletin Year: 2012 Pages: 75-97 Volume: 2011 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW8KM6K32 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Case law Abstract: Canada Judicial review of Darlington new nuclear power plant projectAppeal decision upholding criminal convictions related to attempt to export nuclear-related dual-use items to Iran: Her Majesty the Queen v. Yadegari European Commission Greenland cases France Chernobyl accident – decision of dismissal of the Court of Appeal of Paris Slovak Republic Aarhus Convention compliance update United States Judgement of a US court of appeals upholding the NRC’s dismissal of challenges to the renewal of the operating licence for Oyster Creek Nuclear Generating Station Journal: Nuclear Law Bulletin Year: 2012 Pages: 65-74 Volume: 2011 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW8KM868V Template-type: ReDIF-Article 1.0 Author-Name: Ximena Vásquez-Maignan Title: Fukushima: liability and compensation Abstract: On 11 March 2011, Japan endured one of the worst natural disasters in its history when a massive earthquake struck the Pacific coast of the country and was followed by a tsunami which led to considerable loss of lives. It also led to a major accident at the Fukushima Daiichi nuclear power plant. Soon afterwards, the operator of the plant, Tokyo Electric Power Company (TEPCO), assumed responsibility and liability for the nuclear accident. On 28 April 2011, TEPCO established a dedicated contact line to provide consulting services for financial compensation related to the damage caused. Journal: Nuclear Law Bulletin Year: 2012 Pages: 61-64 Volume: 2011 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW8KMB321 Template-type: ReDIF-Article 1.0 Author-Name: Cristian DeFrancia Title: The continuing role of item-specific agreements in the IAEA safeguards system Abstract: The International Atomic Energy Agency’s (IAEA) “safeguards system” serves as the foundation of the global nuclear non-proliferation regime, under which the IAEA acts as an auditor, monitor and inspector of state-administered nuclear energy programmes. The system consists of agreements and practices that enable the IAEA to gain a clear picture of a state’s nuclear activities in order to provide credible assurances that nuclear energy is used for exclusively peaceful purposes. Journal: Nuclear Law Bulletin Year: 2012 Pages: 37-59 Volume: 2011 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW8KMD5Q1 Template-type: ReDIF-Article 1.0 Author-Name: Ute Blohm-Hieber Title: The Radioactive Waste Directive: a necessary step in the management of spent fuel and radioactive waste in the European Union Abstract: Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste1 (Waste Directive) was adopted with the support of all member states of the European Union. Following the adoption of the Council Directive establishing a Community framework for the nuclear safety of nuclear installations in 2009 (Safety Directive), the Waste Directive represents another important step towards building and strengthening the most advanced possible legal framework for nuclear energy in Europe. Journal: Nuclear Law Bulletin Year: 2012 Pages: 21-35 Volume: 2011 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW8KMHRF4 Template-type: ReDIF-Article 1.0 Author-Name: David R. Hill Title: The status of radioactive waste repository development in the United States – December 2011 Abstract: The current state of affairs concerning development in the United States of a permanent repository for disposal of spent nuclear fuel (SNF) and high-level radioactive waste (HLW) is, in a word, uncertain. The President of the United States has asserted that he believes licensing and development of the Yucca Mountain repository should be abandoned, while other important parties believe licensing and development should continue. And not surprisingly, there is a disagreement as to what the law requires and whether the licensing process for the Yucca Mountain repository can be terminated at this point, even if the President would like for that to happen. The future of Yucca Mountain, and the future of radioactive waste disposal in the United States generally, currently are pending before the US Court of Appeals for the District of Columbia Circuit, and eventually the Supreme Court of the United States may decide some of the important legal issues concerning Yucca Mountain’s future. The November 2012 US elections also likely will have a significant impact on future radioactive waste repository development. Journal: Nuclear Law Bulletin Year: 2012 Pages: 7-19 Volume: 2011 Issue: 2 Handle: RePEc:oec:neakaa:5K9GW8KNLSVB Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Documents and legal texts Abstract: Australia National Radioactive Waste Management Act 2012 Germany Act on the Peaceful Utilisation of Atomic Energy and the Protection against its Hazards (Atomic Energy Act) Sweden The Swedish Radiation Safety Authority’s regulations concerning clearance of materials, rooms, buildings and land in practices involving ionising radiation The Swedish Radiation Safety Authority’s general advice on the application of the regulations concerning clearance of materials, rooms, buildings and land in practices involving ionising radiation Journal: Nuclear Law Bulletin Year: 2012 Pages: 147-229 Volume: 2012 Issue: 1 Handle: RePEc:oec:neakaa:5K94KP7M7GVL Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Intergovernmental organisation activities Abstract: European Atomic Energy Community Proposed legislative instruments Adopted legislative instruments Non-legislative instruments Other activities OECD Nuclear Energy Agency NEA free report on Japan’s compensation system for nuclear damage Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization Treaty actions 2011-12 Status of the establishment of the CTBT verification regime Civil and scientific applications of the IMS data Journal: Nuclear Law Bulletin Year: 2012 Pages: 141-146 Volume: 2012 Issue: 1 Handle: RePEc:oec:neakaa:5K94KP7M8D6L Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: National legislative and regulatory activities Abstract: Armenia Nuclear safety and radiation protection Australia Radioactive waste management Austria Nuclear safety and radiation protection Belgium Nuclear security Nuclear safety Nuclear safety and radiation protection Brazil Nuclear security France Liability and compensation General legislation Germany Nuclear safety and radiation protection Transport of radioactive material International trade Hungary Nuclear safety and radiation protection General legislation India Liability and compensation Ireland Transport of radioactive material Lithuania Licensing and regulatory infrastructure Nuclear safety and radiation protection Nuclear security Moldova General legislation Poland General legislation Liability and compensation Organisation and structure Nuclear safety and radiation protection Portugal General legislation Nuclear safety and radiation protection Romania Environmental protection Slovenia Nuclear safety and radiation protection Sweden Nuclear safety and radiation protection Ukraine General legislation Nuclear safety and radiation protection Nuclear security Radioactive waste management United States Radioactive waste management Emergency preparedness Licensing and regulatory infrastructure Nuclear safety Journal: Nuclear Law Bulletin Year: 2012 Pages: 113-139 Volume: 2012 Issue: 1 Handle: RePEc:oec:neakaa:5K94KP7M990V Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Case law Abstract: Canada Appellate decision upholding nuclear regulatory licensing process and practices for consultation with aboriginal groups: Fond du Lac Denesuline First Nation v. Canada (Attorney General) France Court of Appeal of Nîmes regarding the SOCATRI incident in July 2008 Conseil d’État regarding the association Réseau « Sortir du nucléaire » Switzerland Judgement of the Federal Administrative Court in the matter of Balmer-Schafroth a.o.v. BKW FMB Energy Ltd on the repeal of the time limitation with respect to the operating licence for the Mühleberg nuclear power plant United States Judgement of a US District Court granting a permanent injunction against the State of Vermont in order to prevent certain State laws from prohibiting Vermont Yankee nuclear power plant’s continued operation Journal: Nuclear Law Bulletin Year: 2012 Pages: 107-112 Volume: 2012 Issue: 1 Handle: RePEc:oec:neakaa:5K94KP7MB533 Template-type: ReDIF-Article 1.0 Author-Name: Scott Spence Title: Legal aspects of the control and repression of illicit trafficking of nuclear and other radioactive materials: Is there a need for an international convention? Abstract: It is generally recognised that illicit trafficking of nuclear and other radioactive materials is a serious problem, and one that must be tackled with a comprehensive response involving national governments as well as a number of intergovernmental organisations including the International Atomic Energy Agency (IAEA). The IAEA notes that 1 773 incidents were reported to its Illicit Trafficking Database, or ITDB, between January 1993 and December 2009, and that 351 of these involved “… unauthorized possession and related criminal activities” such as “… illegal possession, movement or attempts to illegally trade in or use nuclear material or radioactive sources”. Journal: Nuclear Law Bulletin Year: 2012 Pages: 67-105 Volume: 2012 Issue: 1 Handle: RePEc:oec:neakaa:5K94KP7MC0S7 Template-type: ReDIF-Article 1.0 Author-Name: Robert J. Gruendel Author-Name: Els Reynaers Kini Title: Through the looking glass: placing India's new civil liability regime for nuclear damage in context Abstract: Tntil India adopted the Civil Liability for Nuclear Damage Act, 2010 (Liability Act) and the Civil Liability for Nuclear Damage Rules, 2011 (Liability Rules or Rules),1 no specific legislation was in place to govern nuclear liability or to compensate victims for damages due to a nuclear incident in India. Journal: Nuclear Law Bulletin Year: 2012 Pages: 45-66 Volume: 2012 Issue: 1 Handle: RePEc:oec:neakaa:5K94KP7MCX8R Template-type: ReDIF-Article 1.0 Author-Name: Vincenzo Ferrazzano Author-Name: Serena Scarabotti Title: Italian decommissioning in the post-referendum era Abstract: The accident at the TEPCO Fukushima Daiichi nuclear power plant materially reverberated, with its emotional impact, on the preparation of a new nuclear policy in Italy. Italians, wishing to decide directly on the electric power source for their country, applied for a referendum procedure aimed at abrogating the newly enacted legal framework1 which would have paved the way for an Italian nuclear renaissance. The referendum on the repeal of nuclear power passed on 12-13 June 2011. Journal: Nuclear Law Bulletin Year: 2012 Pages: 35-43 Volume: 2012 Issue: 1 Handle: RePEc:oec:neakaa:5K94KP7MDSLS Template-type: ReDIF-Article 1.0 Author-Name: Zoltán Turbék Title: Global nuclear law in the making?: Joint exercise of public powers in the nuclear field: the case of the revision of the International Basic Safety Standards Abstract: The revision process of the International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources (BSS), Safety Series No. 115, 1996 (hereinafter referred to as 1996 BSS1) has reached its final stage. After the review of the 1996 BSS in 2005, the revision process started in 2006 and the final draft of the revised BSS2 was submitted to the Board of Governors of the International Atomic Energy Agency (IAEA or Agency) in August 2011 for approval. Subsequent to the decision of the IAEA Board of Governors adopted on 12 September 2011, the competent organs of the other potential sponsoring organisations also started to adopt or acknowledge, as appropriate, the text, which then will come into force one year after the date of the respective adoption or acknowledgement by the relevant organisation. Journal: Nuclear Law Bulletin Year: 2012 Pages: 7-33 Volume: 2012 Issue: 1 Handle: RePEc:oec:neakaa:5K94KP7MFNZN Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Documents and legal texts Abstract: Canada Canadian Environmental Assessment Act, 2012 Japan Act for Establishment of a Nuclear Regulation Authority (Act No. 47 of 2012) Nuclear Power Plant Exporters’ Principles of Conduct International Expert Group on Nuclear Liability (INLEX) Journal: Nuclear Law Bulletin Year: 2013 Pages: 167-270 Volume: 2012 Issue: 2 Handle: RePEc:oec:neakaa:5K480SC43V5H Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Multilateral agreements Abstract: This article describes the status of multilateral agreements in the field of nuclear energy as of December 2012. Journal: Nuclear Law Bulletin Year: 2013 Pages: 143-165 Volume: 2012 Issue: 2 Handle: RePEc:oec:neakaa:5K480SC45JLW Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Intergovernmental organisation activities Abstract: European Atomic Energy Community Proposed legislative instrumentsAdopted legislative instrumentsNon-legislative instrumentsOther activities International Atomic Energy Agency IAEA Action Plan on Nuclear Safety OECD Nuclear Energy Agency The Russian Federation to join the OECD Nuclear Energy AgencyParticipation by the regulatory authorities of India and the United Arab Emirates in the Multinational Design Evaluation Programme (MDEP)NEA International Workshop on Crisis Communication, 9-10 May 2012International School of Nuclear Law: 2013Next NEA International Nuclear Law Essentials Course Journal: Nuclear Law Bulletin Year: 2013 Pages: 131-142 Volume: 2012 Issue: 2 Handle: RePEc:oec:neakaa:5K480SC474S4 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: National legislative and regulatory activities Abstract: Armenia Nuclear safety and radiological protection Brazil General legislation Canada Environmental protection France Radioactive waste management Georgia Nuclear safety and radiological protection Greece Nuclear safetyEmergency preparedness and response India Licensing and regulatory infrastructureLiability and compensation Ireland Nuclear safety and radiological protection Japan Nuclear Regulation Authority Act Lithuania General legislationLicensing and regulatory infrastructureNuclear securityRadioactive waste management Switzerland General legislation Ukraine Radioactive waste managementGeneral legislation United Arab Emirates General legislationLiability and compensation United States Nuclear safetyEmergency preparedness Journal: Nuclear Law Bulletin Year: 2013 Pages: 115-130 Volume: 2012 Issue: 2 Handle: RePEc:oec:neakaa:5K480SC48RKK Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Case law Abstract: France Administrative Court of Appeal of Lyon, 19 June 2012, Judgements Nos. 12LY00233 and 12LY00290 regarding EDF’s permit to construct a waste conditioning and storage facility (ICEDA) in the town of Saint-Vulbas Germany Request for arbitration against Germany at the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID) because of Germany’s legislation leading to the phase-out of nuclear energy India Cases related to the Kudankulam Nuclear Power Project (KKNPP) Switzerland Judgement of the Federal Administrative Court in the matter of Balmer-Schafroth a.o.v. BKW FMB Energy Inc. on the revocation of the operating licence for the Mühleberg nuclear power plant United States Judgement of the Court of Appeals for the D.C. Circuit vacating the NRC’s 2010 Waste Confidence Decision and Rule Update Journal: Nuclear Law Bulletin Year: 2013 Pages: 101-114 Volume: 2012 Issue: 2 Handle: RePEc:oec:neakaa:5K480SC4BBBQ Template-type: ReDIF-Article 1.0 Author-Name: Benjamin Katzenberg Title: The impact of the Additional Protocol and Strengthened Safeguards: effects on the International Atomic Energy Agency and on states Abstract: The paper was prepared on the basis of interviews conducted by the author with former and current staff members of the International Atomic Energy Agency (IAEA) who were involved in the development of the Model Additional Protocol (INFCIRC/540) or who currently participate in activities related to the implementation of Additional Protocols. It is also based on publicly available information provided by representatives of member states at IAEA symposia or workshops in connection with the implementation of their Additional Protocols. Journal: Nuclear Law Bulletin Year: 2013 Pages: 71-99 Volume: 2012 Issue: 2 Handle: RePEc:oec:neakaa:5K480SC4D16J Template-type: ReDIF-Article 1.0 Author-Name: Michael Waldner Title: Conflict of law issues related to Switzerland's participation in the Paris Nuclear Third Party Liability Regime Abstract: In spite of the active role Switzerland played during the negotiation process of the Paris Convention, it only recently ratified the Convention including all its amending Protocols. The whole Paris regime will become binding for Switzerland only upon entry into force of the Protocols of 2004. Concurrently, the Federal Council will put into force a revised Swiss Nuclear Liability Act and ratify the Joint Protocol. Being a party to the Paris regime and the Joint Protocol, Switzerland will be in treaty relationships with Paris states and with Vienna states which are party to the Joint Protocol. Journal: Nuclear Law Bulletin Year: 2013 Pages: 31-69 Volume: 2012 Issue: 2 Handle: RePEc:oec:neakaa:5K480SC4FPVB Template-type: ReDIF-Article 1.0 Author-Name: Jacques Lavoie Title: The MCP Altona incident: the Canadian regulatory response and framework for the export of uranium Abstract: On 23 December 2010, a cargo ship carrying 350 000 kilograms (kg) of uranium ore concentrates (U3O8) belonging to the Canadian resource corporation Cameco left Vancouver, British Columbia, Canada and encountered severe weather conditions between Hawaii and the Midway Islands in international waters en route to Zhanjiang, People’s Republic of China (PRC). The ship, the MCP Altona, suffered some damage to its hull but was able to continue to operate through the storm. Once the sea had calmed, the crew noticed that some of the containers on the ship had shifted and had been damaged. The captain, however, was unable to secure the necessary authorizations to obtain safe harbour in the area as there were no signs of immediate risk to the health and safety of the ship’s crew. On Cameco's recommendation, the ship returned to British Columbia. Journal: Nuclear Law Bulletin Year: 2013 Pages: 23-30 Volume: 2012 Issue: 2 Handle: RePEc:oec:neakaa:5K480SC4HB7L Template-type: ReDIF-Article 1.0 Author-Name: George Perkovich Author-Name: Brian Radzinsky Title: A common high standard for nuclear power plant exports: overview and analysis of the Nuclear Power Plant Exporters' Principles of Conduct Abstract: At this time, there is no overarching global framework to regulate the development of the nuclear power industry. Laws concerning the export of nuclear technology vary across jurisdictions, and politically-binding arrangements such as the Nuclear Suppliers Group (NSG) help ensure that weapons-usable or dual-use technologies are not exported, but no single international regime or agreement manages the gamut of potential risks that may arise from the export of civilian nuclear power plants. Journal: Nuclear Law Bulletin Year: 2013 Pages: 7-22 Volume: 2012 Issue: 2 Handle: RePEc:oec:neakaa:5K480SC526HC Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Documents and legal texts Abstract: United Arab Emirates Federal Law by Decree No. 4 of 2012 concerning civil liability for nuclear damage India The Civil Liability for Nuclear Damage Act 2010 Republic of Moldova Law No. 132 of 08.06.2012 on the safe conduct of nuclear and radiological activities Journal: Nuclear Law Bulletin Year: 2013 Pages: 137-188 Volume: 2013 Issue: 1 Handle: RePEc:oec:neakaa:5K40CR0PMQ7B Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Intergovernmental organisation activities Abstract: European Atomic Energy Community Non-legislative instruments Other activities International Atomic Energy Agency Convention on Nuclear Safety Joint Convention Working Group of Experienced Officers of the CNS and the Joint Convention International Expert Group on Nuclear Liability Legislative assistance activities Handbook on Nuclear Law – Volume III Workshops for diplomats on nuclear law OECD Nuclear Energy Agency Russian Federation joins the OECD Nuclear Energy Agency" Journal: Nuclear Law Bulletin Year: 2013 Volume: 2013 Issue: 1 Handle: RePEc:oec:neakaa:5K40CR0Q4JQ4 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: National legislative and regulatory activities Abstract: Armenia Licensing and regulatory infrastructure France Licensing and regulatory infrastructure Nuclear security Nuclear safety and radiological protection International co-operation Germany General legislation Radiation protection Nuclear Safety Transport of radioactive material Regulations on nuclear trade (including non-proliferation) Greece International co-operation Nuclear safety and radiological protection Moldova General legislation United States Issuance of the ""Strategy for the Management and Disposal of Used Nuclear Fuel and High-Level Radioactive Waste"" Ongoing activities Physical protection of byproduct material final rulemaking Update on the NRC’s response to the events at the Fukushima Daiichi nuclear site regarding filtered vents and consideration of economic consequences" Journal: Nuclear Law Bulletin Year: 2013 Pages: 115-129 Volume: 2013 Issue: 1 Handle: RePEc:oec:neakaa:5K40CR0R84NR Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Case law Abstract: Canada Judicial review of Ontario Power Generation’s Darlington new nuclear power plant project licence to prepare site France Court of Appeal of Toulouse, 3 December 2012, Judgement No. 1200867, Golfech - Prosecution for accidental spillage of radioactive effluents Court of Cassation, Criminal Chamber, 20 November 2012, Decision No. 11-87531 India Ruling from India’s Supreme Court in a public interest litigation regarding Kundankulam Switzerland Unlimited-duration operating licence granted to the Mühleberg nuclear power plant United States Judgment of the Court of Appeals for the first circuit upholding NRC’s consideration of wind power as alternative to relicensing under NEPA Judgment of the Court of Appeals for the second circuit upholding NRC’s authority to issue exemptions and remanding for consideration of public participation in preparation of environmental assessment and finding of no significant impact Judgment of the Court of Appeals for the first circuit upholding NRC’s decision not to reopen or suspend Pilgrim relicensing proceeding Judgment of the Court of Appeals for the DC Circuit Vacating the NRC’s Transfer of Authority to State of New Jersey over Cleanup of Manufacturing Site Judgment of the Court of Appeals for the DC Circuit Upholding the US Nuclear Regulatory Commission (NRC)’s Issuance of Combined Operating Licence and Amended Design Certification Journal: Nuclear Law Bulletin Year: 2013 Pages: 105-113 Volume: 2013 Issue: 1 Handle: RePEc:oec:neakaa:5K40CR0VVKQ2 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Special report on the Second Annual Meeting of the Nuclear Law Association Abstract: The Second Annual Meeting of the Nuclear Law Association, India (NLA India) was held on 2 March 2013 in Mumbai. The theme of this year’s meeting was: “India’s Nuclear Energy Sector: Business Opportunities and Legal Challenges”. Journal: Nuclear Law Bulletin Year: 2013 Pages: 89-104 Volume: 2013 Issue: 1 Handle: RePEc:oec:neakaa:5K40CR0WXP9V Template-type: ReDIF-Article 1.0 Author-Name: Norbert Pelzer Title: Safer nuclear energy through a higher degree of internationalisation?: International involvement versus national sovereignty Abstract: On 11 March 2011, the Fukushima Daiichi nuclear accident occurred.1 In responding to this accident, the Director General of the International Atomic Energy Agency (IAEA) on 30 March 2011, with broad support by the IAEA Member States, called for a Ministerial Conference on Nuclear Safety which took place in Vienna from 20–24 June 2011.2 On 20 June 2011, the Conference adopted a Declaration on Nuclear Safety, which, inter alia, expresses sympathy and solidarity with Japan and emphasises “the importance of implementing enhanced national and international measures to ensure that the highest and most robust levels of nuclear safety are in place, based on the IAEA safety standards, which should be continuously reviewed, strengthened and implemented as broadly and effectively as possible and commit to increase bilateral, regional and international cooperation to that effect.”3 The declaration furthermore requested the Director General of the IAEA to prepare a report and to draft an action plan building on the declaration and on the outcome of the ministerial conference. Journal: Nuclear Law Bulletin Year: 2013 Pages: 43-88 Volume: 2013 Issue: 1 Handle: RePEc:oec:neakaa:5K40CR1094BP Template-type: ReDIF-Article 1.0 Author-Name: William C. Ostendorff Author-Name: Kimberly A. Sexton Title: Adequate protection after the Fukushima Daiichi accident: A constant in a world of change Abstract: The tragic accident at the Fukushima Daiichi nuclear power plant (NPP) will long be seen as a seminal event in the history of commercial nuclear power. Within the United States, not since the accident at Three Mile Island in 1979 has the US Nuclear Regulatory Commission (NRC) been confronted with as many important issues, so central to the core of its mission, as have arisen following the Fukushima Daiichi accident. While much of the agency’s attention has rightfully been on the technical merits of the NRC’s Near-Term Task Force (NTTF)1 Report recommendations, the long-term regulatory implications of our post-Fukushima Daiichi actions have not always received similar scrutiny. Now that sufficient time has passed, I believe it is appropriate to take a step back and at a high level see what impact implementation of all these actions will have on our regulatory framework and our approach to adequate protection.   Top Journal: Nuclear Law Bulletin Year: 2013 Pages: 23-41 Volume: 2013 Issue: 1 Handle: RePEc:oec:neakaa:5K40CR11H5MT Template-type: ReDIF-Article 1.0 Author-Name: Peri Lynne Johnson Title: The post-Fukushima Daiichi response: The role of the Convention on Nuclear Safety in strengthening the legal framework for nuclear safety Abstract: The accident at the Tokyo Electric Power Company’s Fukushima Daiichi nuclear power plant (hereinafter the Fukushima Daiichi accident) on 11 March 2011 brought nuclear safety to the forefront of global attention. Journal: Nuclear Law Bulletin Year: 2013 Pages: 7-21 Volume: 2013 Issue: 1 Handle: RePEc:oec:neakaa:5K40CR157H5F Template-type: ReDIF-Article 1.0 Author-Name: Erinç Ercan Author-Name: Horst Schneider Title: Turkish nuclear legislation: Developments for a nuclear newcomer Abstract: Turkey’s current and future economic growth is estimated by OECD “to rise to above 3% in 2013 and, as the global recovery gathers strength, to pick up to 4.5% in 2014”. The energy situation, particularly, in the electricity sector with supply from different energy sources and a high rate of importation has led to recognition by the Turkish government of a need for nuclear energy. Journal: Nuclear Law Bulletin Year: 2014 Pages: 29-54 Volume: 2013 Issue: 2 Handle: RePEc:oec:neakaa:5JZ742TKM5Q8 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: News briefs Journal: Nuclear Law Bulletin Year: 2014 Pages: 211-214 Volume: 2013 Issue: 2 Handle: RePEc:oec:neakaa:5JZ742TLSPWH Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Documents and legal texts Abstract: Russian Federation Federal Law No.170 of 21 November 1995 on the use of atomic energy Uruguay Law no.19.056 On the Radiological Protection and Safety of Persons, Property and the Environment Japan Third Supplement to Interim Guidelines on Determination of the Scope of Nuclear Damage resulting from the Accident at the Tokyo Electric Power Company Fukushima Daiichi and Daini Nuclear Power Plants (concerning Damages related to Rumour-Related Damage in the Agriculture, Forestry, Fishery and Food Industries) France and the United States Joint Statement on Liability for Nuclear Damage Franco-Russian Nuclear Power Declaration Journal: Nuclear Law Bulletin Year: 2014 Pages: 153-210 Volume: 2013 Issue: 2 Handle: RePEc:oec:neakaa:5JZ742TLTS6K Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Multilateral agreements Journal: Nuclear Law Bulletin Year: 2014 Pages: 129-151 Volume: 2013 Issue: 2 Handle: RePEc:oec:neakaa:5JZ742TLVLKF Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Intergovernmental organisation activities Journal: Nuclear Law Bulletin Year: 2014 Pages: 117-128 Volume: 2013 Issue: 2 Handle: RePEc:oec:neakaa:5JZ742TLWN9P Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: National legislative and regulatory activities Abstract: Algeria Nuclear security Armenia Nuclear safety and radiological protection Brazil Canada Nuclear security Liability and compensation France Radioactive waste management International co-operation Germany Radioactive waste management Greece Management of spent fuel and radioactive waste Ireland Transport of radioactive material Luxembourg Nuclear safety and radiological protection Poland Nuclear safety and radiological protection Radioactive waste management General legislation Portugal General legislation Slovak Republic General legislation Slovenia Nuclear safety and radiological protection Ukraine International co-operation United States Issuance of Proposed Waste Confidence Rule and Draft Generic Environmental Impact Statement for public comment Issuance of Final Rule Updating Part 51 and Final License Renewal Generic Environmental Impact Statement Update Inflation adjustment to the Price-Anderson Act Financial Protection Regulations Uruguay Nuclear safety and radiological protection Journal: Nuclear Law Bulletin Year: 2014 Pages: 97-115 Volume: 2013 Issue: 2 Handle: RePEc:oec:neakaa:5JZ742TLXNF4 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Case law Abstract: France Conseil d’État decision, 28 June 2013, refusing to suspend operation of the Fessenheim nuclear power plant Slovak Republic New developments including the Supreme Court’s judgment in a matter involving Greenpeace Slovakia’s claims regarding the Mochovce nuclear power plant New developments in the matter involving Greenpeace’s demands for information under the Freedom of Information Act Switzerland Judgment of the Federal Supreme Court in the matter of the Département fédéral de l’environnement, des transports, de l’énergie et de la communication (DETEC) against Ursula Balmer-Schafroth and others on consideration of admissibility of a request to withdraw the operating licence for the Mühleberg nuclear power plant United States Judgment of the Court of Appeals for the District of Columbia Circuit granting petition for writ of mandamus ordering US Nuclear Regulatory Commission (NRC) to resume Yucca Mountain licensing Judgment of the Court of Appeals for the Second Circuit invalidating two Vermont statutes as pre-empted by the Atomic Energy Act Judgment of the NRC on transferring Shieldalloy site to New Jersey’s jurisdiction Journal: Nuclear Law Bulletin Year: 2014 Pages: 89-95 Volume: 2013 Issue: 2 Handle: RePEc:oec:neakaa:5JZ742TLZH0R Template-type: ReDIF-Article 1.0 Author-Name: Christian Raetzke Title: Nuclear law and environmental law in the licensing of nuclear installations Abstract: Large nuclear installations can have a considerable impact on the environment, both in actual terms, due to the construction and operation of the plant and in potential terms, related to the risk of an accident. A considerable part of the multiple authorisation processes required to develop a large nuclear project is devoted to addressing the possible impact on the environment. Journal: Nuclear Law Bulletin Year: 2014 Pages: 55-88 Volume: 2013 Issue: 2 Handle: RePEc:oec:neakaa:5JZ742TM0B7L Template-type: ReDIF-Article 1.0 Author-Name: Lisa Thiele Title: Uranium mining and production: A legal perspective on regulating an important resource Abstract: The importance of uranium can be examined from several perspectives. First, natural uranium is a strategic energy resource because it is a key ingredient for the generation of nuclear power and, therefore, it can affect the energy security of a state. Second, natural uranium is also a raw material in relative abundance throughout the world, which can, through certain steps, be transformed into nuclear explosive devices. Thus, there is both an interest in the trade of uranium resources and a need for their regulatory control. The importance of uranium to the worldwide civilian nuclear industry means that its extraction and processing – the so-called “front end” of the nuclear fuel cycle – is of regulatory interest. Like “ordinary” metal mining, which is generally regulated within a country, uranium mining must also be considered from the more particular perspective of regulation and control, as part of the international nuclear law regime that is applied to the entire nuclear fuel cycle. Journal: Nuclear Law Bulletin Year: 2014 Pages: 9-27 Volume: 2013 Issue: 2 Handle: RePEc:oec:neakaa:5JZ742TM15F1 Template-type: ReDIF-Article 1.0 Author-Name: David B. Davies Title: The Convention on Supplementary Compensation for Nuclear Damage andparticipation by developing countries: A South African perspective Abstract: Nuclear energy plays a major role in the provision of baseload1 power in countries throughout the world. It provides a clean, safe, economical and reliable source of power that is essential to the development of any economy, and particularly the economies of developing countries that have traditionally relied on whatever sources of power are at their disposal, irrespective of the disadvantages that some of these sources may carry. Whilst the worldwide debate on climate change continues, it is clear that nuclear energy has a distinct advantage due to its lack of carbon dioxide and other greenhouse gas emissions that are inherent in fossil-fired power plants. Journal: Nuclear Law Bulletin Year: 2014 Pages: 25-42 Volume: 2014 Issue: 1 Handle: RePEc:oec:neakaa:5JRTPSJ3TGG3 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: News briefs Abstract: The European Commission organised on 29 October 2013 a meeting in Luxembourg with participation of EU neighbouring countries that had not been fully involved in the European stress tests (Armenia, Belarus and Turkey), as well as from the European Nuclear Safety Regulators Group. The Russian Federation was also invited but declined participation. The meeting provided a good opportunity to present and discuss the status of the stress tests already performed or planned in these countries with existing nuclear power plants such as Armenia or for those like Belarus and Turkey that are planning new nuclear projects. Journal: Nuclear Law Bulletin Year: 2014 Pages: 123-125 Volume: 2014 Issue: 1 Handle: RePEc:oec:neakaa:5JRTPSJ4RC9S Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Intergovernmental organisation activities Abstract: European Atomic Energy Community Proposed binding instruments Adopted legally binding instruments Non-legally binding instruments International Atomic Energy Agency Convention on Nuclear Safety Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management International Expert Group on Nuclear Liability Legislative assistance activities OECD Nuclear Energy Agency Appointment of new Director-General International experts in Japan to review safety after Fukushima Daiichi China Atomic Energy Authority co-operation workshop Journal: Nuclear Law Bulletin Year: 2014 Pages: 113-121 Volume: 2014 Issue: 1 Handle: RePEc:oec:neakaa:5JRTPSJ4SRNN Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: National legislative and regulatory activities Abstract: Belarus International co-operation Organisation and structure Licensing and regulatory infrastructure Nuclear safety and radiological protection France Nuclear safety and radiological protection Radioactive waste management Environmental protection Liability and compensation International co-operation Hungary General legislation Radioactive waste management Nuclear security Ireland Nuclear safety and radiological protection (including emergency planning) Lithuania Licensing and regulatory infrastructure Moldova Nuclear safety and radiological protection Portugal Radioactive waste management Nuclear safety and radiological protection Slovak Republic Radioactive waste management Liability and compensation Spain Radioactive waste management Ukraine Radioactive waste management United Kingdom Organisation and structure Journal: Nuclear Law Bulletin Year: 2014 Pages: 97-111 Volume: 2014 Issue: 1 Handle: RePEc:oec:neakaa:5JRTPSJ4VCJK Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Case law Abstract: Germany Federal Administrative Court confirms the judgments of the Higher Administrative Court of the Land Hesse: The shutdown of nuclear power plant Biblis blocks A and B based on a “moratorium” imposed by the Government was unlawful List of lawsuits in the nuclear field Slovak Republic Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant United States Judgment of the Nuclear Regulatory Commission resuming the licensing process for the Department of Energy’s construction authorisation application for the Yucca Mountain high-level radioactive waste repository Judgment of the Licensing Board in favour of Shaw AREVA MOX Services regarding the material control and accounting system at the proposed MOX Facility Dismissal by US District Court Judge of lawsuit brought by US military personnel against Tokyo Electric Power Company (TEPCO) in connection with the Fukushima Daiichi nuclear power plant accident Journal: Nuclear Law Bulletin Year: 2014 Pages: 89-95 Volume: 2014 Issue: 1 Handle: RePEc:oec:neakaa:5JRTPSJ4XR28 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Nuclear energy and Indian society: Public engagement, risk assessmentand legal frameworksThird annual meeting of the Nuclear Law Association of India Abstract: The third annual meeting of the Nuclear Law Association, India (NLAI) was held on 1 March 2014 in New Delhi. This year’s overarching theme was “Nuclear energy and Indian society: Public engagement, risk assessment and legal frameworks”. Journal: Nuclear Law Bulletin Year: 2014 Pages: 63-87 Volume: 2014 Issue: 1 Handle: RePEc:oec:neakaa:5JRTPSJ51PVC Template-type: ReDIF-Article 1.0 Author-Name: William E. Fork Author-Name: Charles H. Peterson Title: Fusion energy and nuclear liability considerations Abstract: For over 60 years, fusion energy has been recognised as a promising technology for safe, secure and environmentally-sustainable commercial electrical power generation. Over the past decade, research and development programmes across the globe have shown progress in developing critical underlying technologies. Approaches ranging from high-temperature plasma magnetic confinement fusion to inertial confinement fusion are increasingly better understood. Journal: Nuclear Law Bulletin Year: 2014 Pages: 43-61 Volume: 2014 Issue: 1 Handle: RePEc:oec:neakaa:5JRTPSJ53F7H Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Progress towards a global nuclear liability regime Abstract: During its April 2014 meeting, the Steering Committee for Nuclear Energy held a policy debate on “Progress towards a Global Nuclear Liability Regime”. The Steering Committee heard presentations from several experts on nuclear liability issues. To prepare the delegates to the Steering Committee for the policy debate, the NEA Secretariat prepared a background note on the status of the nuclear liability regimes, as well as on current issues and challenges in implementing the regimes. This article is based on the background note and is intended to provide basic information on the relevant international conventions and an overview of recent developments to enhance the understanding of the legal framework in which policymakers and practitioners are engaging to respond to the call for broader adherence to the international liability instruments. Journal: Nuclear Law Bulletin Year: 2014 Pages: 9-23 Volume: 2014 Issue: 1 Handle: RePEc:oec:neakaa:5JRTPSJ53HXR Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: News briefs Journal: Nuclear Law Bulletin Year: 2015 Pages: 175-177 Volume: 2014 Issue: 2 Handle: RePEc:oec:neakaa:5JRTPSPG0BHF Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Multilateral agreements Abstract: In an effort to reach a wider audience and keep the information regarding the status of multilateral agreements more up-to-date, this content has been moved online and is available at: www.oecd-nea.org/law/multilateral-agreements. Journal: Nuclear Law Bulletin Year: 2015 Pages: 143-173 Volume: 2014 Issue: 2 Handle: RePEc:oec:neakaa:5JRTPSPKR4D6 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Intergovernmental organisation activities Abstract: European Atomic Energy Community Adopted legally binding instruments Non-legally binding instruments International relations International Atomic Energy Agency Convention on Nuclear Safety (CNS) 58th regular session of the IAEA General Conference IAEA Treaty Event Side event on “The Convention on Supplementary Compensation for Nuclear Damage (CSC) – in the Context of the Global Nuclear Liability Regime” Legislative assistance activities Nuclear Law Institute OECD Nuclear Energy Agency Steering Committee approves decommissioning exclusion European Nuclear Energy Tribunal (ENET) Judges approved High-level Group on the Security of Supply of Medical Radioisotopes (HLG-MR) Joint Declaration The Characteristics of an Effective Nuclear Regulator Journal: Nuclear Law Bulletin Year: 2015 Pages: 133-142 Volume: 2014 Issue: 2 Handle: RePEc:oec:neakaa:5JRTPSPQPKLP Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: National legislative and regulatory activities Abstract: Algeria Nuclear security France Radioactive waste management Nuclear safety and radiological protection General legislation International co-operation Germany International trade Indonesia Nuclear security General legislation Ireland Nuclear safety and radiological protection General legislation Lithuania Nuclear security Nuclear safety and radiological protection Slovak Republic International co-operation Liability and compensation Environmental protection Switzerland Radioactive waste management United Arab Emirates Liability and compensation United States Radioactive waste management Licensing and regulatory infrastructure   Journal: Nuclear Law Bulletin Year: 2015 Pages: 119-132 Volume: 2014 Issue: 2 Handle: RePEc:oec:neakaa:5JRTPSRNVTR4 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Case law Abstract: Canada Judgment of the Federal Court of Canada sending back to a joint review panel for reconsideration the environmental assessment of a proposed new nuclear power plant in Ontario France Conseil d’État, 24 March 2014 (Request No. 358882) Conseil d’État, 24 March 2014 (Request No. 362001) Slovak Republic Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant United States Initial Decision of the Atomic Safety and Licensing Board Ruling in Favour of Nuclear Innovation North America, LLC (NINA) Regarding Foreign Ownership, Control or Domination Journal: Nuclear Law Bulletin Year: 2015 Pages: 113-118 Volume: 2014 Issue: 2 Handle: RePEc:oec:neakaa:5JRTPSSXS7BW Template-type: ReDIF-Article 1.0 Author-Name: Yulia Lebedeva Title: Draft Federal Act of the Russian Federation“The Civil Liability for Nuclear Damage and its Financial Security” Abstract: The use of nuclear power by states in the modern world requires supplements to international law through the development of national legislation on civil liability for nuclear damage and compensation. The situation in the Russian Federation is no exception. Russian law on civil liability for nuclear damage has not fully evolved, and currently, there is no specific law covering liability for nuclear damage, nor is there a law regarding the financial and insurance mechanisms for compensation. Instead, the current laws establish a state system of benefits and compensation for damage to health and property of citizens. Journal: Nuclear Law Bulletin Year: 2015 Pages: 105-111 Volume: 2014 Issue: 2 Handle: RePEc:oec:neakaa:5JRTPST1JKLX Template-type: ReDIF-Article 1.0 Author-Name: Alain Quéré Title: Challenges facing the insurance industry since the modernisation of the international nuclear third party liability regime Abstract: The modernisation of international conventions governing third-party liability in the nuclear field is essentially an attempt to resolve certain shortcomings whilst setting out higher compensation sums and extending the cover for nuclear damage for which compensation is payable. The latest convention revisions occurred in 2004 and led to the adoption of protocols amending the Paris Convention on Third Party Liability in the Field of Nuclear Energy1 and the Brussels Convention supplementing the Paris Convention.2 However, the substance of the current regimes is largely the result of conventions drawn up in the 1960s and, in the eyes of the general public, the changes made in 2004 are mainly concerned with increasing the compensation sums. Journal: Nuclear Law Bulletin Year: 2015 Pages: 77-104 Volume: 2014 Issue: 2 Handle: RePEc:oec:neakaa:5JRTPST439WB Template-type: ReDIF-Article 1.0 Author-Name: Thomas Mann Title: The legal status of nuclear power in Germany Abstract: Over the past 15 years, political attitudes in Germany towards the nuclear industry have been characterised less by consistency than by some major policy shifts, and the same can be said for the legislation born of these attitudes. Although a number of these about-turns were predictable, others were less so because of their dependence on external factors. Journal: Nuclear Law Bulletin Year: 2015 Pages: 43-75 Volume: 2014 Issue: 2 Handle: RePEc:oec:neakaa:5JRTPST6RKD3 Template-type: ReDIF-Article 1.0 Author-Name: Peri Lynne Johnson Title: Facilitating the entry into force and implementation of the Amendment to the Convention on the Physical Protection of Nuclear Material: Observations, challenges and benefits Abstract: While the responsibility for nuclear security at the national level rests entirely with each state, international co-operation can be crucial in helping states to fulfil their nuclear security responsibilities and obligations. The central role of the International Atomic Energy Agency (IAEA) in strengthening the nuclear security framework and leading the co-ordination of international activities in the field of nuclear security is now widely recognised.1 Although much has been done to help states in improving nuclear security, by and under the auspices of the IAEA and other intergovernmental organisations, nuclear terrorism has gained a global recognition as one of the most challenging threats to global security in the 21st century. Journal: Nuclear Law Bulletin Year: 2015 Pages: 9-42 Volume: 2014 Issue: 2 Handle: RePEc:oec:neakaa:5JRTPT21G70P Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Intergovernmental organisation activities Abstract: European Atomic Energy Community Non-legally binding instruments International relations International Atomic Energy Agency Convention on Nuclear Safety (CNS) Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (JC) The Convention on Supplementary Compensation for Nuclear Damage (CSC) International Expert Group on Nuclear Liability (INLEX) Legislative assistance activities OECD Nuclear Energy Agency (NEA) GIF Framework Agreement extended for ten years Technology Roadmap: Nuclear Energy Steering Committee Policy Debate: Health Effects of Low-dose Radiation Journal: Nuclear Law Bulletin Year: 2015 Pages: 85-91 Volume: 2015 Issue: 1 Handle: RePEc:oec:neakaa:5JM26CGT3QHB Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: News briefs Journal: Nuclear Law Bulletin Year: 2015 Pages: 145-148 Volume: 2015 Issue: 1 Handle: RePEc:oec:neakaa:5JM26CNPK541 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Multilateral agreements Abstract: In an effort to reach a wider audience, and keep the information regarding the status of multilateral agreements more up-to-date, this content has been moved online and is available at: www.oecd-nea.org/law/multilateral-agreements. Journal: Nuclear Law Bulletin Year: 2015 Pages: 93-144 Volume: 2015 Issue: 1 Handle: RePEc:oec:neakaa:5JM26CNS50Q1 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: National legislative and regulatory activities Abstract: Canada Liability and compensation France Liability and compensation Nuclear safety and radiological protection Greece Organisation and structure Hungary General legislation India Liability and compensation Japan Liability and compensation Korea Liability and compensation Lithuania General legislation Transport of radioactive material Slovak Republic International co-operation Liability and compensation Slovenia General legislation Switzerland Liability and compensation United States Radioactive waste management Journal: Nuclear Law Bulletin Year: 2015 Pages: 69-84 Volume: 2015 Issue: 1 Handle: RePEc:oec:neakaa:5JM26CPWGCJL Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Case law Abstract: Slovak Republic Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant United States Judgment of the Nuclear Regulatory Commission denying requests from petitioners to suspend final reactor licensing decisions pending the issuance of a final determination of reasonable assurance of permanent disposal of spent fuel Journal: Nuclear Law Bulletin Year: 2015 Volume: 2015 Issue: 1 Handle: RePEc:oec:neakaa:5JM26CQ3H47J Template-type: ReDIF-Article 1.0 Author-Name: Peter Tzeng Title: Nuclear arbitration: Interpreting non-proliferation agreements Abstract: At the core of the nuclear non-proliferation regime lie international agreements. These agreements include, inter alia, the Nuclear Non-proliferation Treaty, nuclear co-operation agreements and nuclear export control agreements.1 States, however, do not always comply with their obligations under these agreements. In response, commentators have proposed various enforcement mechanisms to promote compliance.2 The inconvenient truth, however, is that states are generally unwilling to consent to enforcement mechanisms concerning issues as critical to national security as nuclear non-proliferation. Journal: Nuclear Law Bulletin Year: 2015 Pages: 41-64 Volume: 2015 Issue: 1 Handle: RePEc:oec:neakaa:5JM26CQ6H932 Template-type: ReDIF-Article 1.0 Author-Name: Emma Durand-Poudret Title: Towards a new international framework for nuclear safety: Developments from Fukushima to Vienna Abstract: On 11 March 2011, the nuclear safety sector was deeply shaken by the accident at the Fukushima Daiichi nuclear power plant in Japan. Because of this accident, 25 years of established certainties in nuclear power plant operational safety that followed the Chernobyl disaster were once again called into question. Journal: Nuclear Law Bulletin Year: 2015 Pages: 27-40 Volume: 2015 Issue: 1 Handle: RePEc:oec:neakaa:5JM26CQBWL9S Template-type: ReDIF-Article 1.0 Author-Name: Ben McRae Title: Entry into force of the Convention on Supplementary Compensation for Nuclear Damage: Opening the umbrella Abstract: There are 431 commercial nuclear power plants around the world.1 On 14 April 2015, 193 of these power plants were covered by a nuclear liability instrument (118 power plants by the Paris Convention2 and 75 by the Vienna Convention3). With the entry into force of the Convention on Supplementary Compensation for Nuclear Damage (CSC)4 on 15 April 2015, the number of power plants covered by a nuclear liability Journal: Nuclear Law Bulletin Year: 2015 Pages: 7-25 Volume: 2015 Issue: 1 Handle: RePEc:oec:neakaa:5JM26CQG10S1 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: News briefs Journal: Nuclear Law Bulletin Year: 2016 Pages: 107-109 Volume: 2015 Issue: 2 Handle: RePEc:oec:neakaa:5JM22PDTQ40X Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Multilateral agreements Abstract: In an effort to reach a wider audience, and keep the information regarding the status of multilateral agreements more up-to-date, this content is now available online at: www.oecd-nea.org/law/multilateral-agreements. Journal: Nuclear Law Bulletin Year: 2016 Pages: 105-105 Volume: 2015 Issue: 2 Handle: RePEc:oec:neakaa:5JM22PDW1GTF Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Intergovernmental organisation activities Abstract: European Atomic Energy Community Non-legally binding instruments International Atomic Energy Agency (IAEA) Convention on Nuclear Safety (CNS) 59th regular session of the IAEA General Conference Nuclear Security (GC(59)/RES/10) IAEA Treaty Event Legislative assistance activities Nuclear Law Institute OECD Nuclear Energy Agency (NEA) European Nuclear Energy Tribunal (ENET) Inaugural Session for the 9th mandate New signatories to the extension of the Generation IV International Forum (GIF) Framework Agreement Joint Declaration on the Security of Supply of Medical Radioisotopes International Framework for Nuclear Energy Cooperation (IFNEC) 15th session of the International School of Nuclear Law (ISNL) 2016 session of the International Nuclear Law Essentials (INLE) Journal: Nuclear Law Bulletin Year: 2016 Pages: 97-104 Volume: 2015 Issue: 2 Handle: RePEc:oec:neakaa:5JM22PF50L7C Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: National legislative and regulatory activities Abstract: Australia General legislation France General legislation Germany Radioactive waste management Greece Radioactive waste management Lithuania Nuclear safety and radiological protection Radioactive waste management Nuclear security Romania Licensing and regulatory infrastructure International co-operation Nuclear security Nuclear safety and radiological protection Slovak Republic International co-operation Liability and compensation General legislation Slovenia General legislation Switzerland Radioactive waste management Liability and compensation United States Licensing and regulatory infrastructure Radioactive waste management Journal: Nuclear Law Bulletin Year: 2016 Pages: 79-95 Volume: 2015 Issue: 2 Handle: RePEc:oec:neakaa:5JM22PFBQZR4 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Case law Abstract: Canada Decision of the Canadian Federal Court of Appeal overturning a decision to send back for reconsideration an environmental assessment of a proposed new nuclear power plant in Ontario France Conseil d’État decision, 28 November 2014, Fédération Réseau sortir du nucléaire and others vs. Electricité de France (EDF) (Request No. 367013) Germany Judgment of the European Court of Justice on the nuclear fuel tax India Judgment of the High Court of Kerala in a public interest litigation challenging the constitutional validity of the Civil Liability for Nuclear Damage Act, 2010 Japan District court decisions on lawsuits related to the restart of Sendai NPP and Takahama NPP Poland Decision of the Masovian Voivod concerning the legality of the resolution on holding a local referendum in the Commune of Rózan regarding a new radioactive waste repository Certain provisions of the Regulation of the Minister of Health of 18 February 2011 on the conditions for safe use of ionising radiation for all types of medical exposure have been declared unconstitutional by a judgment pronounced by the Constitutional Tribunal Slovak Republic Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant Journal: Nuclear Law Bulletin Year: 2016 Pages: 63-78 Volume: 2015 Issue: 2 Handle: RePEc:oec:neakaa:5JM22PFHZTD4 Template-type: ReDIF-Article 1.0 Author-Name: Kimberly A. Sexton Title: Crisis, criticism, change: Regulatory reform in the wake of nuclear accidents Abstract: Accidents are a forcing function for change in the nuclear industry. While these events can shed light on needed technical safety reforms, they can also shine a light on needed regulatory system reforms. The TEPCO Fukushima Daiichi nuclear power plant (NPP) accident in Japan is the most recent example of this phenomenon, but it is not the only one. Journal: Nuclear Law Bulletin Year: 2016 Pages: 35-62 Volume: 2015 Issue: 2 Handle: RePEc:oec:neakaa:5JM22PFLFTS2 Template-type: ReDIF-Article 1.0 Author-Name: Michel Montjoie Title: Treaty implementation applied to conventions on nuclear safety Abstract: Given that safety is the number one priority for the nuclear industry, it would seem normal that procedures exist to ensure the effective implementation1 of the provisions of the conventions on nuclear safety,2 as already exist for numerous international treaties.3 Unfortunately, these procedures are either weak or even nonexistent. Therefore, consideration must be given to whether this weakness represents a genuine deficiency in ensuring the main objective of these conventions, which is to achieve a high level of nuclear safety worldwide.4 But, before one can even address that issue, a prior question must be answered: does the specific nature of the international legal framework on nuclear safety automatically result in a lack of non-compliance procedures in international conventions on the subject? If so, the lack of procedures is justified, despite the drawbacks. Journal: Nuclear Law Bulletin Year: 2016 Pages: 9-34 Volume: 2015 Issue: 2 Handle: RePEc:oec:neakaa:5JM22PFNV748 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Documents and legal texts Abstract: Brazil Law No. 13,260 of 16 March 2016 India The Atomic Energy (Amendment) Act, 2015 Department of Atomic Energy Notification Japan Act on Subsidisation, etc. for Nuclear Damage Compensation Funds following the implementation of the Convention on Supplementary Compensation for Nuclear Damage Journal: Nuclear Law Bulletin Year: 2016 Pages: 105-113 Volume: 2016 Issue: 1 Handle: RePEc:oec:neakaa:5JLPSZPWLW31 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Multilateral agreements Journal: Nuclear Law Bulletin Year: 2016 Pages: 103-103 Volume: 2016 Issue: 1 Handle: RePEc:oec:neakaa:5JLPSZPWNSQ3 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Intergovernmental organisation activities Abstract: European Atomic Energy Community Adopted legally binding instruments Non-legally binding instruments International relations International Atomic Energy Agency (IAEA) Convention on Nuclear Safety (CNS) Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (Joint Convention) Convention on Early Notification of a Nuclear Accident and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (Early Notification and Assistance Conventions) Code of Conduct on the Safety and Security of Radioactive Sources (Code of Conduct) Amendment to the Convention on the Physical Protection of Nuclear Material (ACPPNM) Workshop on Civil Liability for Nuclear Damage International Expert Group on Nuclear Liability (INLEX) Legislative Assistance Activities OECD Nuclear Energy Agency Five Years after the Fukushima Daiichi Accident Regulatory and Institutional Framework for Nuclear Activities 5th session of the International Nuclear Law Essentials (INLE) Nuclear Law Committee meeting NEA publications of interest New NEA Deputy Director-General and Chief Nuclear Officer New NEA offices   Journal: Nuclear Law Bulletin Year: 2016 Pages: 95-102 Volume: 2016 Issue: 1 Handle: RePEc:oec:neakaa:5JLPSZPWQ9D4 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: National legislative and regulatory activities Abstract: France General legislation, regulations and instruments Nuclear trade (including non-proliferation) International co-operation India Licensing and regulatory infrastructure Liability and compensation Ireland Nuclear safety and radiological protection (including nuclear emergency planning) Transport of radioactive material Nuclear trade (including non-proliferation) Lithuania Licensing and regulatory infrastructure Nuclear safety and radiological protection (including nuclear emergency planning) Radioactive waste management Luxembourg Nuclear safety and radiological protection (including nuclear emergency planning) Slovak Republic International co-operation General legislation, regulations and instruments Spain Radioactive materials (including physical protection) Radioactive waste management United States Licensing and regulatory infrastructure Journal: Nuclear Law Bulletin Year: 2016 Pages: 81-93 Volume: 2016 Issue: 1 Handle: RePEc:oec:neakaa:5JLPSZPWRX9V Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Case law Abstract: Canada Decision of the Canadian Federal Court of Appeal dismissing an appeal related to an environmental assessment of a project to refurbish and extend the life of an Ontario nuclear power plant Poland Decision of the Masovian Voivod of 28 December 2015 concerning the legality of the resolution on holding a local referendum in the Commune of Rózan regarding a new radioactive waste repository (2015) United States Commission authorises issuance of construction permit for the SHINE Medical Isotope Facility in Janesville, Wisconsin Commission authorises issuance of combined licences for the South Texas Project site in Matagorda County, Texas Journal: Nuclear Law Bulletin Year: 2016 Pages: 71-79 Volume: 2016 Issue: 1 Handle: RePEc:oec:neakaa:5JLPSZPWTLNR Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: The application of the Espoo Convention on Environmental Impact Assessment in a Transboundary Context to nuclear energy-related activities Abstract: The Convention on Environmental Impact Assessment in a Transboundary Context sets out the obligations to assess the environmental impact of certain activities at an early stage of decision making. It also lays down the general obligation for parties to notify and consult each other on all major projects under consideration that are likely to have a significant adverse environmental impact across national borders. The Espoo Convention was adopted in 1991 and entered into force on 10 September 1997. There are currently 45 states party to the Espoo Convention,2 including 23 countries that are also members of the Organisation for Economic Co-operation and Development (OECD) Nuclear Energy Agency (NEA).3 It should be noted that the European Union (EU) is also a party to the Espoo Convention4 and has transposed the provisions related to the environmental impact assessment (EIA) procedure in its legislation,5 thus imposing the Espoo Convention principles on all EU member states. Journal: Nuclear Law Bulletin Year: 2016 Pages: 63-69 Volume: 2016 Issue: 1 Handle: RePEc:oec:neakaa:5JLPSZPWWBR0 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Towards nuclear disarmament: State of affairs in the international legal framework Abstract: Since the dawn of the nuclear era, nuclear disarmament has been one of the highest priorities of the international community in ensuring global peace and security. Accordingly, numerous multilateral and bilateral political initiatives have been launched to fulfil this objective in a comprehensive manner. Many of these political efforts have resulted in the negotiation and adoption of legal instruments, which currently comprise the international legal framework on nuclear disarmament. Despite numerous achievements, this framework appears to be at a turning point. As a matter of fact, recent political and diplomatic tensions have reminded the international community that the far-reaching objective of global nuclear disarmament is under continuous pressure. In this context, is the international legal framework on nuclear disarmament effective? Journal: Nuclear Law Bulletin Year: 2016 Pages: 35-62 Volume: 2016 Issue: 1 Handle: RePEc:oec:neakaa:5JLPSZPWZJQ3 Template-type: ReDIF-Article 1.0 Author-Name: Christian Raetzke Title: Nuclear third party liability in Germany Abstract: The German system of nuclear third party liability has always been, and arguably still is, the object of considerable interest in the international nuclear law community. Journal: Nuclear Law Bulletin Year: 2016 Pages: 9-33 Volume: 2016 Issue: 1 Handle: RePEc:oec:neakaa:5JLPSZPXK6VF Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: List of correspondents to the Nuclear Law Bulletin Journal: Nuclear Law Bulletin Year: 2018 Pages: 101-103 Volume: 2016 Issue: 2 Handle: RePEc:oec:neakaa:5J8JPT3Z96HK Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Recent publications Abstract: News from the Front Lines of Nuclear Law: Proceedings of the AIDN/INLA Regional Conference 2015 in Nuremberg (2016), edited by Christian Raetzke, Ulrike Feldmann and Akos Frank Nuclear Non-Proliferation in International Law: Vol. I, with Foreword by Mohamed ElBaradei (2014); Vol. II, Verification and Compliance (2015); Vol. III, Legal Aspects of the Use of Nuclear Energy for Peaceful Purposes (2016), edited by Jonathan L. Black-Branch and Dieter Fleck Journal: Nuclear Law Bulletin Year: 2018 Pages: 97-98 Volume: 2016 Issue: 2 Handle: RePEc:oec:neakaa:5J8JPT6HL238 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: News briefs Abstract: 22nd Nuclear Inter Jura Congress in New Delhi, 2016 NLA course on “Nuclear Energy and Law” India national moot court on nuclear liability law Journal: Nuclear Law Bulletin Year: 2018 Pages: 95-96 Volume: 2016 Issue: 2 Handle: RePEc:oec:neakaa:5J8JPT6HN1D8 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Intergovernmental organisation activities Abstract: European Atomic Energy Community Non-legally binding instruments International Atomic Energy Agency (IAEA) Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management 60th Regular Session of the IAEA General Conference IAEA Treaty Event Legislative assistance activities OECD Nuclear Energy Agency (NEA) New member of the Generation IV International Forum New signatories to the extension of the GIF Framework Agreement International Framework for Nuclear Energy Cooperation (IFNEC) “Latin American Nuclear Energy Stakeholders Conference”, 25-26 October 2016, Buenos Aires, Argentina 10th national workshop of the NEA Forum on Stakeholder Confidence (FSC) Symposium on the Fukushima Nuclear Power Plant Accident and Law and Policy, 24-25 September 2016, Tokyo, Japan Nuclear Law Committee meeting NEA publications of interest Regulatory and Institutional Framework for Nuclear Activities 16th session of the International School of Nuclear Law (ISNL) 2017 session of the International Nuclear Law Essentials (INLE) Table on Nuclear Operator Liability Amounts and Financial Security Limits Journal: Nuclear Law Bulletin Year: 2018 Pages: 85-95 Volume: 2016 Issue: 2 Handle: RePEc:oec:neakaa:5J8JPT6HQNNN Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: National Legislative And Regulatory Activities Abstract: Argentina Organisation and structure France Radioactive waste management Liability and compensation Nuclear facilities Germany Nuclear trade (including non-proliferation) Radioactive waste management Lithuania Nuclear safety and radiological protection (including nuclear emergency planning) Nuclear security Radioactive waste management Licensing and regulatory infrastructure Luxembourg Radioactive waste management Poland Organisation and structure Slovak Republic International co-operation Nuclear security Liability and compensation Slovenia Nuclear safety and radiological protection (including nuclear emergency planning) United States General legislation, regulations and instruments Journal: Nuclear Law Bulletin Year: 2018 Pages: 65-84 Volume: 2016 Issue: 2 Handle: RePEc:oec:neakaa:5J8JPT6HVWS5 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Case law Abstract: France Conseil d’État decision, 22 February 2016, EDF v. Republic and Canton of Geneva relative to the Bugey nuclear power plant (No. 373516) United States Brodsky v. US Nuclear Regulatory Commission, 650 Fed.Appx. 804 (2nd Cir. 2016 Journal: Nuclear Law Bulletin Year: 2018 Pages: 63-65 Volume: 2016 Issue: 2 Handle: RePEc:oec:neakaa:5J8JPT6HZH6G Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: McMunn, et al. v. Babcock and Wilcox Power Generation Group, Inc., et al.: The long road to dismissalby Marjorie Berger Journal: Nuclear Law Bulletin Year: 2018 Volume: 2016 Issue: 2 Handle: RePEc:oec:neakaa:5J8JPT6J8H0S Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Brexit, Euratom and nuclear proliferationby Anna Södersten Abstract: One of the issues absent from the academic (and public) debate on the United Kingdom’s (UK) referendum vote to withdraw from the European Union (EU) (commonly referred to as “Brexit”) is what will happen to the UK’s membership in the European Atomic Energy Community (Euratom). The Euratom Treaty was signed in Rome in 1957,1 together with the European Economic Community (EEC) Treaty.2 It was concluded for an unlimited period and it establishes a Community that has a separate legal personality from the EU. Thus, the EU and Euratom form two separate, although closely linked entities.                                                           Journal: Nuclear Law Bulletin Year: 2018 Pages: 47-56 Volume: 2016 Issue: 2 Handle: RePEc:oec:neakaa:5J8JPT6J8MWD Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Strengthening the international legal framework for nuclear security: Better sooner rather than later Journal: Nuclear Law Bulletin Year: 2018 Pages: 7-45 Volume: 2016 Issue: 2 Handle: RePEc:oec:neakaa:5J8JPT6JRX7C Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: List of Correspondents to the Nuclear Law Bulletin Journal: Nuclear Law Bulletin Year: 2018 Pages: 117-119 Volume: 2017 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSS0K3BV Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Recent publications Journal: Nuclear Law Bulletin Year: 2018 Pages: 115-116 Volume: 2017 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSS1QXWF Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: News briefs Abstract: Extension of the Framework Agreement of International Collaboration on Research and Development of Generation IV Nuclear Energy System IAEA Practical Arrangements on Nuclear Science Applications International Nuclear Law Association (INLA), German Branch, 2017 Bonn Conference Journal: Nuclear Law Bulletin Year: 2018 Pages: 113-114 Volume: 2017 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSS5JM37 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Documents and Legal Texts Abstract: Belgium Act of 29 June 2014 amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy Belgium Act of 7 December 2016 amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy Journal: Nuclear Law Bulletin Year: 2018 Pages: 105-112 Volume: 2017 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSS81C9X Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Intergovernmental organisation activities Abstract: European Atomic Energy Community Non-legally binding instruments International relations International Atomic Energy Agency Convention on Nuclear Safety (CNS)  Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (Joint Convention) Code of Conduct on the Safety of Research Reactors (Code Convention on the Physical Protection of Nuclear Material (CPPNM) and the CPPNM Amendment International Conference on Nuclear Security: Commitments and Actions Nuclear liability  Legislative assistance activities  OECD Nuclear Energy Agency  Strategic Plan for 2017-2022 Argentina and Romania to become members of the Nuclear Energy Agency Latest updates regarding the Paris Convention The NEA and China’s National Energy Administration sign MOU to strengthen co-operation Stakeholder support and involvement essential to future of nuclear energy decision making Nuclear Law Committee meeting 2017 International Nuclear Law Essentials (INLE) course Regulatory and institutional framework for nuclear activities NEA publications of interest Journal: Nuclear Law Bulletin Year: 2018 Pages: 95-104 Volume: 2017 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSSFZZMT Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: National legislative and regulatory activities Abstract: Algeria Nuclear safety and radiological protection Belgium Liability and compensation Canada Liability and compensation France Radioactive waste management Liability and compensation International co-operation Germany Transport of radioactive materials Radioactive waste management Lithuania Nuclear security Nuclear installations Radioactive waste management Slovak Republic General legislation, regulations and instruments Slovenia General legislation Nuclear safety and radiological protection (including nuclear emergency planning) Sweden General legislation, regulations and instruments United States General legislation, regulations and instruments Nuclear installations Nuclear safety and radiological protection (including nuclear emergency planning) Journal: Nuclear Law Bulletin Year: 2018 Pages: 75-95 Volume: 2017 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSXV1R32 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Case Law Abstract: United States Virginia Uranium, Inc. v. Warren, 848 F.3d 590 (4th Cir. 2017) United States v. Energy Solutions, Inc.; Rockwell Holdco, Inc.; Andrews County Holdings, Inc.; and Waste Control Specialists, LLC. (D. Del. June 21, 2017) Cooper v. Tokyo Electric Power Company, No. 15-56426 (9th Cir. 2017) Journal: Nuclear Law Bulletin Year: 2018 Pages: 71-74 Volume: 2017 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSXWKVZW Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Facing the challenge of nuclear mass tort processing Abstract: There is ample literature and other material available to describe the detrimental effects and far-reaching consequences of major nuclear incidents.1 Their potential magnitude became evident in particular through the 1986 Chernobyl nuclear accident2 and the 2011 Fukushima Daiichi nuclear power plant (NPP) accident.3 It is obvious that after a major nuclear accident, hundreds of thousands of people may suffer damage and thus may emerge to claim compensation for such damage. Journal: Nuclear Law Bulletin Year: 2018 Pages: 45-70 Volume: 2017 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSXXXJWK Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Reflections on the development of international nuclear law Abstract: Over the course of more than seven decades, treaty norms on the production and utilisation of nuclear energy have been developed, which together form a special section within international law. These norms are the consequence of the unique nature of the field, namely that on the one hand some aspects of the uses of nuclear energy should be covered by totally new and special norms (e.g. in the field of disarmament, seeking to eliminate or at least to control the spread of nuclear weapons, and nuclear weapons tests) and on the other hand that several traditional legal solutions were not suitable for the problems that emerged in connection with other uses of nuclear energy (like liability). Journal: Nuclear Law Bulletin Year: 2018 Pages: 31-44 Volume: 2017 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSZ0Z9R3 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Reformed and reforming: Adapting the licensing process to meet new challenges Abstract: Nearly ten years ago, I published an article in the Nuclear Law Bulletin to address changes in the process being applied to licence new reactors in the United States (US).1 At the time, the US Nuclear Regulatory Commission (NRC) was faced with the prospect of handling a substantial workload of new reactor applications. The applications were to be considered largely through the licensing procedures established in the NRC’s regulations in 10 CFR Part 52,2 a set of regulations that had been adopted in the late 1980s, but which were largely implemented for the first time in the late 1990s and early 2000s. In contrast to the two-phase process of issuing separate construction permits and operating licences used in licensing the first generation of over 100 commercial operating plants, the new procedures focused primarily on the issuance of generic certifications of reactor designs that could be referenced in individual site applications for combined licences (COL) authorising both construction and operation of a nuclear installation.3 The approach under Part 52 was intended to promote broader plant standardisation as well as to inject greater certainty and stability into the licensing process. Journal: Nuclear Law Bulletin Year: 2018 Pages: 7-30 Volume: 2017 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSZ2S8F2 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Articles Abstract: Legal challenges to the operation of nuclear reactors in Japan Inside nuclear baseball: Reflections on the development of the safety conventions Journal: Nuclear Law Bulletin Year: 2018 Pages: 35-60 Volume: 2018 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSPT7VR8 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: List of correspondents to the Nuclear Law Bulletin Journal: Nuclear Law Bulletin Year: 2018 Pages: 145-148 Volume: 2018 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSMJ52TH Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Recent publications Abstract: The Law of Nuclear Energy, Second Edition (2018) by Helen Cook Handbook on Nuclear Regulatory Framework in India (2018) by Tyson R. Smith and M.P. Ram Mohan Euratom at the Crossroads (2018) by Anna Södersten Journal: Nuclear Law Bulletin Year: 2018 Pages: 141-144 Volume: 2018 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSMKFHD7 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: News briefs Abstract: 23rd Nuclear Inter Jura Congress, November 2018 International Nuclear Law Association United Kingdom Conference Journal: Nuclear Law Bulletin Year: 2018 Pages: 139-140 Volume: 2018 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSMLK1R2 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Documents and Legal Texts Abstract: People’s Republic of China Nuclear Safety Law of the People’s Republic of China Journal: Nuclear Law Bulletin Year: 2018 Pages: 119-138 Volume: 2018 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSMMWP40 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Intergovernmental organisation activities Abstract: European Atomic Energy Community Institutional issues Non-legally binding instruments Published reports  International Atomic Energy Agency 60th anniversary of the entry into force of the IAEA Statute 61st session of the IAEA General Conference IAEA Treaty Event Joint Convention Nuclear safety Nuclear security Nuclear liability Legislative assistance OECD Nuclear Energy Agency  The NEA celebrates its 60th anniversary New NEA committee to focus on decommissioning and legacy management New MOUs in nuclear safety and research Third International Workshop on the Indemnification of Damage in the Event of a Nuclear Accident Nuclear Law Committee meeting 2017 International School of Nuclear Law (ISNL) 2018 International Nuclear Law Essentials (INLE) course in Asia NEA publications of interest Journal: Nuclear Law Bulletin Year: 2018 Pages: 107-118 Volume: 2018 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSMS9XVJ Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: National legislative and regulatory activities Abstract: France Nuclear installations Lithuania General legislation, regulations and instruments Nuclear safety and radiological protection (including nuclear emergency planning) Nuclear installations Radioactive waste management Portugal General legislation, regulations and instruments Nuclear safety and radiological protection (including nuclear emergency planning) Radioactive waste management Slovenia Nuclear safety and radiological protection (including nuclear emergency planning) Switzerland Nuclear safety and radiological protection (including nuclear emergency planning) Radioactive waste management General legislation, regulations and instruments United States Nuclear installations General legislation, regulations and instruments Journal: Nuclear Law Bulletin Year: 2018 Pages: 93-106 Volume: 2018 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSN38JR5 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Case law Abstract: Germany Judgement of the Federal Constitutional Court of 6 December 2016 Japan District court decisions on lawsuits related to state liability following the Fukushima Daiichi nuclear power plant accident United States Natural Resources Defense Council v. NRC (DC Cir. 2018) Virginia Uranium, Inc. v. Warren, 848 F.3d 590 (4th Cir. 2017) Journal: Nuclear Law Bulletin Year: 2018 Pages: 84-92 Volume: 2018 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSPCF6BW Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Studies Abstract: The Peaceful Nuclear Energy Program in the United Arab Emirates: Background and history Journal: Nuclear Law Bulletin Year: 2018 Volume: 2018 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSPJSXF1 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: 100TH Edition Special Feature Abstract: Nuclear Law Bulletin: A look back at the past 50 years Historical Forewords Nuclear Law Bulletin: Publication covers through time Reflections on the Nuclear Law Bulletin Commentaries on the Nuclear Law Bulletin   100 issues of the Nuclear Law Bulletin by Roland Dussart-Desart    The Nuclear Law Bulletin: Source of informing on, and instrument of developing, nuclear law. Hommage à un journal juridique Journal: Nuclear Law Bulletin Year: 2018 Pages: 11-34 Volume: 2018 Issue: 1 Handle: RePEc:oec:neakaa:5J8JPSRMJV41 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: Case law Abstract: Case lawFrance, United States, Journal: Nuclear Law Bulletin Year: 2019 Volume: 2018 Issue: 2 Handle: RePEc:oec:neakaa:0ff1a382 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: The impact of the major nuclear power plant accidents on the international legal framework for nuclear power Abstract: Over time, numerous events and developments have shaped the utilisation of nuclear energy as well as the approach to its regulation. For example, the Three Mile Island (TMI) accident in 1979 was a significant event affecting the nuclear power industry in the United States (US) and the US Nuclear Regulatory Commission’s (NRC) regulatory programme, yet other incidents or “near misses” at facilities, scientific and engineering assessments of reactor technology Journal: Nuclear Law Bulletin Year: 2019 Volume: 2018 Issue: 2 Handle: RePEc:oec:neakaa:14c8ed88 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: Recent publications Journal: Nuclear Law Bulletin Year: 2019 Volume: 2018 Issue: 2 Handle: RePEc:oec:neakaa:3c5b7a06 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: News briefs Journal: Nuclear Law Bulletin Year: 2019 Volume: 2018 Issue: 2 Handle: RePEc:oec:neakaa:53d4e40c Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: National legislative and regulatory activities Journal: Nuclear Law Bulletin Year: 2019 Volume: 2018 Issue: 2 Handle: RePEc:oec:neakaa:57aa8b84 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: Intergovernmental organisation activities Journal: Nuclear Law Bulletin Year: 2019 Volume: 2018 Issue: 2 Handle: RePEc:oec:neakaa:6cb5fdd8 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: Euratom competence in the areas of nuclear security and nuclear safety: An impossible parallel? Abstract: In the nuclear field, security and safety are not completely distinct concepts. Both share the “common … aim of protecting persons, property, society and the environment”,1 but do so in different ways. As explained by the IAEA, nuclear security addresses “the prevention and detection of, and response to, theft, sabotage, unauthorized access, illegal transfer or other malicious acts involving nuclear material, other radioactive substances or their associated facilities”. Journal: Nuclear Law Bulletin Year: 2019 Volume: 2018 Issue: 2 Handle: RePEc:oec:neakaa:86dff379 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: Today is yesterday’s pupil: Reactor licence renewal in the United States Abstract: “Over the next 25 years, more than half the nuclear plants in the United States will turn 40, and their operating licenses will expire as they do. With no reactors on order and only two under construction, the nuclear industry’s hope for survival probably rests on continued operation of existing plants.”1 Journal: Nuclear Law Bulletin Year: 2019 Volume: 2018 Issue: 2 Handle: RePEc:oec:neakaa:92af2a59 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: National legislative and regulatory activities: 0 Journal: Nuclear Law Bulletin Year: 2020 Volume: 2019 Issue: 1 Handle: RePEc:oec:neakaa:3e5ac96d Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: From Waste Confidence to Continued Storage: Legal theories supporting the US NRC’s licensing of nuclear facilities without a repository: 0 Abstract: In New York v. Nuclear Regulatory Commission (New York 2012),1 the US Court of Appeals for the District of Columbia (DC) Circuit vacated the 2010 update to what was commonly known as the US Nuclear Regulatory Commission’s (NRC or Agency) “Waste Confidence Decision”. The Waste Confidence Decision was premised upon the NRC’s professed confidence that spent nuclear fuel could and eventually would be disposed of in an underground repository and that spent fuel could be stored safely and without significant environmental consequence until that time. For decades, the decision had provided legal support for the Agency’s issuance and renewal of licences for power reactors to operate, even as the process for licensing and constructing a repository in the United States became delayed and ultimately stalled (as it remains today). The court ruled in New York 2012 that the NRC’s continued reliance upon its Waste Confidence Decision to support these licensing decisions was inconsistent with the US National Environmental Policy Act (NEPA), which requires US federal agencies to consider the full panoply of the environmental impacts of certain “major federal actions” (including decisions to licence nuclear facilities).2 The court required the Agency to further develop its analysis of the impacts of storing spent fuel for an extended period of time and to address the possibility of a repository not becoming available. Journal: Nuclear Law Bulletin Year: 2020 Volume: 2019 Issue: 1 Handle: RePEc:oec:neakaa:4ef55300 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: In search of the elusive conflict: The (in-)compatibility of the Treaties on the Non-Proliferation and Prohibition of Nuclear Weapons: 0 Abstract: “In the long run, international law, and with it the stability of the international order which it is intended to govern, are bound to suffer from the continuing difference of views with regard to the legal status of weapons as deadly as nuclear weapons. It is consequently important to put an end to this state of affairs: the long-promised complete nuclear disarmament appears to be the most appropriate means of achieving that result.” Journal: Nuclear Law Bulletin Year: 2020 Volume: 2019 Issue: 1 Handle: RePEc:oec:neakaa:57d719c0 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: News briefs: 0 Journal: Nuclear Law Bulletin Year: 2020 Volume: 2019 Issue: 1 Handle: RePEc:oec:neakaa:5d9a8d93 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: Case Law: 0 Journal: Nuclear Law Bulletin Year: 2020 Volume: 2019 Issue: 1 Handle: RePEc:oec:neakaa:770573a3 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: New framework for radiation protection legislation in Germany: 0 Journal: Nuclear Law Bulletin Year: 2020 Volume: 2019 Issue: 1 Handle: RePEc:oec:neakaa:b7a97e3e Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: List of correspondents to the Nuclear Law Bulletin: 0 Journal: Nuclear Law Bulletin Year: 2020 Volume: 2019 Issue: 1 Handle: RePEc:oec:neakaa:be93dc0d Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: Intergovernmental organisation activity: 0 Journal: Nuclear Law Bulletin Year: 2020 Volume: 2019 Issue: 1 Handle: RePEc:oec:neakaa:c316f385 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: Recent publications: 0 Journal: Nuclear Law Bulletin Year: 2020 Volume: 2019 Issue: 1 Handle: RePEc:oec:neakaa:f31c9ecb Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: A perspective on key legal considerations for performance-based regulating: 0 Abstract: The performance-based approach to the regulation of nuclear power generation for civilian use is an approach that requires a certain outcome but provides the regulated entity with the flexibility to determine how it can achieve this outcome.1 Such an approach is currently being employed, for example, in Canada, France and the United Kingdom. While some have argued that “significant work remains to be done before performance-based approaches can realize their full potential in the regulation of nuclear power plants”,2 a limited number of analyses have been dedicated to the approach.3 The author was thus inspired to share Canadian expertise in this area, as well as a description of the approach developed in Canada in recent decades. Journal: Nuclear Law Bulletin Year: 2020 Volume: 2019 Issue: 2 Handle: RePEc:oec:neakaa:12e5faa4 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: Intergovernmental organisation activity: 0 Journal: Nuclear Law Bulletin Year: 2020 Volume: 2019 Issue: 2 Handle: RePEc:oec:neakaa:13eec263 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: Case law: 0 Journal: Nuclear Law Bulletin Year: 2020 Volume: 2019 Issue: 2 Handle: RePEc:oec:neakaa:31285557 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: News briefs: 0 Journal: Nuclear Law Bulletin Year: 2020 Volume: 2019 Issue: 2 Handle: RePEc:oec:neakaa:379f9001 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: National legislative and regulatory activities: 0 Journal: Nuclear Law Bulletin Year: 2020 Volume: 2019 Issue: 2 Handle: RePEc:oec:neakaa:6c1b2292 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: Technology-neutral licensing of advanced reactors:Evaluating the past and present NRC framework: 0 Abstract: Advanced reactors have promise as the future of United States nuclear energy infrastructure. However, licensing these reactors presents many new questions for the nuclear community, particularly around developing a “technology-neutral” framework capable of handling a staggering amount of diversity in technologies and operating models. Congress’s enactment of the Nuclear Energy Innovation and Modernization Act (NEIMA) in early 2019 enables the United States Nuclear Regulatory Commission (NRC) to devote substantial resources to developing such a framework. Congress draws a distinction between the existing licensing framework that is focused on light water reactors (LWRs) and the technology-neutral framework that it directs the NRC to establish. Journal: Nuclear Law Bulletin Year: 2020 Volume: 2019 Issue: 2 Handle: RePEc:oec:neakaa:9a153390 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: List of correspondents to the Nuclear Law Bulletin: 0 Journal: Nuclear Law Bulletin Year: 2020 Volume: 2019 Issue: 2 Handle: RePEc:oec:neakaa:f1bc3def Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: Recent publications: 0 Journal: Nuclear Law Bulletin Year: 2020 Volume: 2019 Issue: 2 Handle: RePEc:oec:neakaa:f76dd5be Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: Case law Journal: Nuclear Law Bulletin Year: 2020 Volume: 2020 Issue: 1 Handle: RePEc:oec:neakaa:30ac10bb Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: News briefs Journal: Nuclear Law Bulletin Year: 2020 Volume: 2020 Issue: 1 Handle: RePEc:oec:neakaa:a9efa07e Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: Documents and legal texts Journal: Nuclear Law Bulletin Year: 2020 Volume: 2020 Issue: 1 Handle: RePEc:oec:neakaa:b26cc333 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: Intergovernmental organisation activity Journal: Nuclear Law Bulletin Year: 2020 Volume: 2020 Issue: 1 Handle: RePEc:oec:neakaa:b7ea0a80 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: National legislative and regulatory activities Journal: Nuclear Law Bulletin Year: 2020 Volume: 2020 Issue: 1 Handle: RePEc:oec:neakaa:bd43bf25 Template-type: ReDIF-Article 1.0 Author-Name: NEA Title: List of correspondents to the Nuclear Law Bulletin Journal: Nuclear Law Bulletin Year: 2020 Volume: 2020 Issue: 1 Handle: RePEc:oec:neakaa:d355f464 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Intergovernmental organisation activities Journal: Nuclear Law Bulletin Year: 2021 Volume: 2020 Issue: 2 Handle: RePEc:oec:neakaa:003be9be Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Slovak legal system for ensuring feasible nuclear back-end system implementation Abstract: In the 70-plus years of peaceful uses of nuclear energy, the nuclear industry has reached a mature awareness of its importance, influence and responsibility for and towards the world. Not only does it dutifully regulate itself in technical aspects, making the use of nuclear energy stricter and safer by any and all means possible, it also establishes policies, backed by legislation, for its decades-long activities. Thus, the industry has recognised the need to systematically approach and solve the issue of complete dismantling of its (previously operating) facilities and final disposal of the operational and decommissioning waste (including spent nuclear fuel (SNF)1). This sought end state must be reached both by technical means as well as by creating a sound system for today’s continuous accumulation of funds, needed for the future implementation of the selected technical solution (including final disposal of SNF). Journal: Nuclear Law Bulletin Year: 2021 Volume: 2020 Issue: 2 Handle: RePEc:oec:neakaa:1671fd4e Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Documents and Legal Texts Journal: Nuclear Law Bulletin Year: 2021 Volume: 2020 Issue: 2 Handle: RePEc:oec:neakaa:4caf2b2e Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Case Law Journal: Nuclear Law Bulletin Year: 2021 Volume: 2020 Issue: 2 Handle: RePEc:oec:neakaa:69c979d0 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Environmental impact assessments and long-term operation of nuclear power reactors: Increasing importance of environmental protection in the European Union? Abstract: Over the last decades, the world has become increasingly mindful of the potential impact of human activities on the environment and many governments have recognised the need to better assess the potential impacts of such activities prior to their authorisation. Legal requirements to perform environmental impact assessments (EIA) for activities likely to have environmental effects have been enacted under national, European and international law and have gained the status of international customary law.1 Due to the nature of the risks posed by the civilian use of nuclear energy on human health and the environment, it has become a requirement in most – if not all – countries that an EIA be performed prior to authorising the construction and operation of any nuclear installation, including nuclear power reactors. Journal: Nuclear Law Bulletin Year: 2021 Volume: 2020 Issue: 2 Handle: RePEc:oec:neakaa:876b25d1 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: National Legislative and Regulatory Activities Journal: Nuclear Law Bulletin Year: 2021 Volume: 2020 Issue: 2 Handle: RePEc:oec:neakaa:90cebe52 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: List of correspondents to the Nuclear Law Bulletin Journal: Nuclear Law Bulletin Year: 2021 Volume: 2020 Issue: 2 Handle: RePEc:oec:neakaa:94d2d2a0 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: News Briefs Journal: Nuclear Law Bulletin Year: 2021 Volume: 2020 Issue: 2 Handle: RePEc:oec:neakaa:b8284fee Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Forging a clear path for advanced reactor licensing in the United States: Approaches to streamlining the NRC environmental review process Abstract: The agency expects to receive a number of complex applications for advanced reactor designs in the near future. Congress recently passed legislation seeking to streamline our safety review for such applications, suggesting that the efficient and effective review of these applications is a national priority. However, commenters remain concerned that without similar efforts to seek efficiency in our NEPA process, these efforts will prove ineffective. They note that the length and cost of our existing NEPA process pose a steep and potentially insurmountable obstacle to advanced reactors.” Journal: Nuclear Law Bulletin Year: 2021 Volume: 2020 Issue: 2 Handle: RePEc:oec:neakaa:f32d76df Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Book Reviews Journal: Nuclear Law Bulletin Year: 2022 Volume: 2021 Issue: 1 Handle: RePEc:oec:neakaa:235eefce Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: List of correspondents to the Nuclear Law Bulletin Journal: Nuclear Law Bulletin Year: 2022 Volume: 2021 Issue: 1 Handle: RePEc:oec:neakaa:5f1ec523 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Intergovernmental organisation activities Journal: Nuclear Law Bulletin Year: 2022 Volume: 2021 Issue: 1 Handle: RePEc:oec:neakaa:7a3b07d2 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Recognition and enforcement of foreign judgments on civil liability for nuclear damage Abstract: Viewed from a general, global perspective, the recognition and enforcement of foreign judgments is not the rule. On the contrary, it generally requires a specific legal basis and justification that a country accepts the rulings of courts of other states and treats them like its own decisions. The main basis for such treatment is most often an international treaty or a supranational instrument (like, for instance, the Brussels Ibis Regulation1 or the revised Lugano Convention of 20072) that provides for the mutual acceptance of foreign court decisions among the states adhering to the respective instrument. In the absence of a specific bilateral or multilateral treaty or supranational instrument, the states autonomously formulate the conditions under which they recognise and enforce foreign judgments. In this respect, some countries follow a more generous, others a more restrictive, course. But, countries do not recognise foreign judgments without preconditions;3 every country provides for a certain type of control. Some, for instance, adhere to the principle of reciprocity. These countries recognise and enforce judgments of other countries only if the other country recognises and enforces their decisions... Journal: Nuclear Law Bulletin Year: 2022 Volume: 2021 Issue: 1 Handle: RePEc:oec:neakaa:b6535fdc Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: National Legislative and Regulatory Activities Journal: Nuclear Law Bulletin Year: 2022 Volume: 2021 Issue: 1 Handle: RePEc:oec:neakaa:c55b28f5 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: News Briefs Journal: Nuclear Law Bulletin Year: 2022 Volume: 2021 Issue: 1 Handle: RePEc:oec:neakaa:cd6b28b6 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Case Law Journal: Nuclear Law Bulletin Year: 2022 Volume: 2021 Issue: 1 Handle: RePEc:oec:neakaa:eb45a6e3 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: List of correspondents to the Nuclear Law Bulletin Abstract: 0 Journal: Nuclear Law Bulletin Year: 2022 Volume: 2021 Issue: 2 Handle: RePEc:oec:neakaa:00423c61 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: National legislative and regulatory activities Abstract: 0 Journal: Nuclear Law Bulletin Year: 2022 Volume: 2021 Issue: 2 Handle: RePEc:oec:neakaa:1640db9d Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Slovak legal system for ensuring feasible nuclear back-end system implementation Part 2: Outlook for future development Abstract: The nuclear industry recognises the need for a present-day solution to the future needs in decommissioning and spent nuclear fuel and radioactive waste management. The end state for spent fuel and radioactive waste must be reached by future technical capabilities, but executable based on today’s sound legal system for decades of fund accumulation. Strictly perceived through the perspective of technical implementation, all existing nuclear facilities can be decommissioned by today’s means. Funding, however, is the issue. Each country sets up different systems to ensure financing and implementation of these projects. The adoption of various nuclear back-end strategies results from each country’s different legal system, economic ability and the national nuclear industry’s historic development. Journal: Nuclear Law Bulletin Year: 2022 Volume: 2021 Issue: 2 Handle: RePEc:oec:neakaa:51078d29 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: News briefs Abstract: 0 Journal: Nuclear Law Bulletin Year: 2022 Volume: 2021 Issue: 2 Handle: RePEc:oec:neakaa:5ecfe9fb Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Recent publications Abstract: 0 Journal: Nuclear Law Bulletin Year: 2022 Volume: 2021 Issue: 2 Handle: RePEc:oec:neakaa:7cfcc35b Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Significant legal developments concerning “independent” regulatory agencies in the United States and what it could mean for the Nuclear Regulatory Commission: 0 Abstract: Multiple sources of international nuclear law, including binding instruments such as the Convention on Nuclear Safety (CNS)1 and the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (Joint Convention),2 stress the importance of the independence of the regulator, as well as the effective separation of that regulatory body from others tasked with the promotion or utilisation of nuclear energy. Since its creation in 1974, the United States (US) Nuclear Regulatory Commission (NRC) has been characterised as an “independent agency” within the US government. One of the hallmarks of this independence is that, by law, members of the Commission cannot be removed at will by the President over policy disagreements. However, recent decisions by the US Supreme Court have declared that restrictions on the President’s ability to remove the heads of certain agencies are incompatible with the nation’s constitutional structure and are therefore invalid and unenforceable. As of this writing, these decisions have been limited to independent regulatory agencies headed by a single administrator, not multi-member boards or commissions such as the NRC. However, the Court’s legal reasoning sweeps broadly, and if the holding of these decisions were to be applied to multi-member regulatory bodies (as legal scholars predict), it would shake the organisational bedrock upon which the Commission has rested since its creation. It may also risk transforming the Agency’s public image into that of a political or promotional actor, whose activities are closely overseen by the President who is also responsible for setting energy-related national priorities and goals. Journal: Nuclear Law Bulletin Year: 2022 Volume: 2021 Issue: 2 Handle: RePEc:oec:neakaa:add8ce67 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Reflections on the negotiations of the Protocols to amend the Paris and Brussels Supplementary Conventions Abstract: I was fortunate enough in my former position to take part as a member of the French delegation in the discussions that led from 1990 to the revision of the Vienna Convention on Civil Liability for Nuclear Damage1 and from 1998 to the revision of the Paris Convention on Third Party Liability in the Field of Nuclear Energy2 and the Brussels Supplementary Convention. Journal: Nuclear Law Bulletin Year: 2022 Volume: 2021 Issue: 2 Handle: RePEc:oec:neakaa:d6a98793 Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Intergovernmental organisation activity Abstract: 0 Journal: Nuclear Law Bulletin Year: 2022 Volume: 2021 Issue: 2 Handle: RePEc:oec:neakaa:e34294cb Template-type: ReDIF-Article 1.0 Author-Name: OECD Author-Name: NEA Title: Case Law Abstract: Journal: Nuclear Law Bulletin Year: 2022 Volume: 2021 Issue: 2 Handle: RePEc:oec:neakaa:f77de454 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Documents and Legal Texts Journal: Nuclear Law Bulletin Year: 2023 Volume: 2022 Issue: 1 Handle: RePEc:oec:neakaa:2cb647d9 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: The rule of law: A fragile tool for the development of emerging nuclear technologies Abstract: Before the Fukushima Daiichi Nuclear Power Plant accident in Japan in 2011, the nuclear industry had strongly promoted the idea that the time of nuclear renaissance had come after a long, fallow period in the wake of the nuclear accidents at Three Mile Island (1979) and Chernobyl (1986). During the post-Fukushima period, there were few new projects, but growing demand for energy and anxieties raised by climate change have brought us to a turning point. Despite the Fukushima accident, which led to some nuclear projects being delayed or cancelled, there is still a great deal of interest in the use of nuclear power for civil purposes. This is primarily because, as the International Energy Agency’s (IEA) Executive Director Fatih Birol has rightly pointed out: “Without an important contribution from nuclear power, the global energy transition will be that much harder.”1 In this regard, in 2010, 67 reactors were under construction, 120 planned and 441 in operation.2 In 2022, 11 years after the Fukushima Daiichi accident, there were 60 under construction, 104 planned and 338 proposed.3 The International Atomic Energy Agency (IAEA) estimates that nuclear electric power capacity will have increased by as much as 23% by 2030 and more than doubled by 2050.4 In addition to this renewed interest, many projects are now in development, opening up new prospects for the use of the atom for civil purposes. Nuclear fusion, small modular reactors (SMRs), the use of artificial intelligence, floating, underwater and space reactors, and nuclear batteries, to name but a few of the projects on the table, lead us to think that the “nuclear renaissance” is slowly shifting to a “nuclear spring”. In this view, where the concept of a renaissance involves new impetus for nuclear energy, with the construction of new facilities, the concept of “spring” refers to a determination to break with nuclear traditions, in terms of concepts, means and players. Consequently, this phenomenon calls for new legal rules which, in some cases, have already started to be debated. Journal: Nuclear Law Bulletin Year: 2023 Volume: 2022 Issue: 1 Handle: RePEc:oec:neakaa:3bd72ca3 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: The future of nuclear energy and the role of nuclear law Abstract: … more and more governments, as well as regional and international organisations, are focusing greater attention on nuclear energy’s potential role in combating global climate change. At the same time, the nuclear energy sector is facing many complex issues, with legal systems playing an increasingly vital role in adjudicating public policy and regulatory questions, particularly in countries with long-established nuclear power programmes Journal: Nuclear Law Bulletin Year: 2023 Volume: 2022 Issue: 1 Handle: RePEc:oec:neakaa:49ba2381 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: News Briefs Journal: Nuclear Law Bulletin Year: 2023 Volume: 2022 Issue: 1 Handle: RePEc:oec:neakaa:4bbc0af4 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: The qualification of nuclear substances and nuclear liability Abstract: Organising transport of nuclear substances presents a number of challenges, including how to properly qualify the substances from a nuclear liability perspective. The nuclear liability conventions provide a generic definition of “nuclear substances” (referred to as “nuclear material” under certain conventions), which gives wide discretion to national legislation in its interpretation. Moreover, the nuclear liability conventions also exclude certain categories of nuclear substances, subject to specific conditions being met, to ensure that the risk associated with their transport may be dealt with under general tort law. The implementation or application of these exclusions is carried out by each concerned country in accordance with its domestic legislation, which may lead to discrepancies in the qualification of substances to be transported by different stakeholders. Journal: Nuclear Law Bulletin Year: 2023 Volume: 2022 Issue: 1 Handle: RePEc:oec:neakaa:4cc24ad9 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: List of Correspondents to the Nuclear Law Bulletin Journal: Nuclear Law Bulletin Year: 2023 Volume: 2022 Issue: 1 Handle: RePEc:oec:neakaa:5fa7e660 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Case Law Journal: Nuclear Law Bulletin Year: 2023 Volume: 2022 Issue: 1 Handle: RePEc:oec:neakaa:78fa9a01 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Legal frameworks for nuclear energy in non-nuclear countries: An Irish case study Journal: Nuclear Law Bulletin Year: 2023 Volume: 2022 Issue: 1 Handle: RePEc:oec:neakaa:7e163ae4 Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Recent Publications Journal: Nuclear Law Bulletin Year: 2023 Volume: 2022 Issue: 1 Handle: RePEc:oec:neakaa:b6f9b1ab Template-type: ReDIF-Article 1.0 Author-Name: OECD Title: Intergovernmental Organisation Activity Journal: Nuclear Law Bulletin Year: 2023 Volume: 2022 Issue: 1 Handle: RePEc:oec:neakaa:c10cda8e