Legal aspects and remedies of threats from nuclear energy generation

Abstract

The thesis is a review of the international situation of nuclear energy under international law. The subject of the thesis concerns nuclear energy, the threats which such nuclear energy brings with it, preventive and precautionary measures to be adopted to prevent such threats from materialising and the remedies available to deal with such threats in the event that they happen. The discussion of any shortcomings in the international regime of nuclear energy will be addressed in the last Chapter especially in the light of the nuclear incidents which took place throughout the years. The thesis discusses the nuclear energy law regime in the light of preventive and precautionary measures, with special reference to safety measures, waste management and radiological protection both at the time of construction of a nuclear power plant and during its normal operation as well as on the occurrence of any accidents which trigger cooperation and assistance between States. The role of the liability and compensation regime in the event of an accident is central to the thesis insofar as to what extent it provides remedies to accidents in this industry. Of paramount importance in the field of nuclear incidents is also the issue of transboundary damage especially in relation to liability for nuclear damage. The discussion is limited to the main principles found in the international civil liability conventions, which in many cases reflect the national liability systems in many countries. A brief discussion on State responsibility, especially with regard to transboundary damage, is essential to bring out the difference between civil liability and State responsibility and the adequacy of one or the other in relation to nuclear liability. Due to the word limit the thesis will focus on nu The problem of proliferation of nuclear weapons and terrorism will not be considered, due to the fact that they could be regarded as a subject for a thesis in themselves.