JournalTOCs

International Journal of Nuclear Law
Number of Followers: 3

Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1741-6388 - ISSN (Online) 1741-6396
Published by Inderscience Publishers

[439 journals]

Regulatory independence and accountability: a survey of international
nuclear regulatory regimes
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  Authors: Timothy P. Matthews; Esther K. Park
  Pages: 5 - 19
  Abstract: As the government of India considers development of an independent regulator for civil nuclear power, examples from other nations around the world, including those with established civil nuclear programmes and those now developing new nuclear, provide interesting insights and lessons to be learned. This paper compares the organisational structure of the Indian governmental agency, the Nuclear Safety Regulatory Authority, proposed in Bill No. 76 of 2011, with the organisational structures of independent national regulators of civil nuclear power programmes from the USA, the UK, Japan, the People's Republic of China and the United Arab Emirates. The paper discusses where in the government the agency is housed, sources of authority, sources of funding, regulatory powers and functional independence, both from the government agency charged with developing civil nuclear power and from nuclear facility operators.
  Keywords: civil nuclear industry; commercial nuclear industry; regulatory independence; inspection; Japan; licences; China; permits; promotional functions; regulatory powers; UAE; United Arab Emirates; UK; USA; United Kingdom; United States; accountability; international regul
  Citation: International Journal of Nuclear Law, Vol. 4, No. 1 (2013) pp. 5 - 19
  PubDate: 2013-02-10T23:20:50-05:00
  DOI: 10.1504/IJNUCL.2013.052041
  Issue No: Vol. 4, No. 1 (2013)
Nuclear regulatory processes in India: a review of public engagement
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  Authors: Kanika Gauba
  Pages: 20 - 34
  Abstract: Public involvement is imperative in the nuclear regulatory process in India, owing to the nature of concerns arising out of processes for harnessing nuclear energy, as also the recent wave of democratic activism submerging India, evidenced by the protests against nuclear power plants in Kudankulam and Jaitapur and anti-corruption movements. India's nuclear regulatory authority does not provide for meaningful public participation in regulatory processes; such is provided in environmental laws, which suffer from various drawbacks. A model of feasible democratic participation in Indian nuclear power generation processes, principled on the traceability of a regulatory authority's safety judgments by various stakeholders (including the public) is proposed. These include adopting more formalised methods of voting in hearings and voluntary disclosures of information, on the initiative of public authorities themselves, as a lesson learnt from the mismanagement of the power plant at Fukushima.
  Keywords: nuclear energy; public involvement; public engagement; nuclear power projects; Fukushima; nuclear power plants; NPP; environmental impact assessment; Kudankulam; Jaitapur; Nuclear Safety Regulatory Authority Bill; RTI; information access; nuclear regulatory proce
  Citation: International Journal of Nuclear Law, Vol. 4, No. 1 (2013) pp. 20 - 34
  PubDate: 2013-02-10T23:20:50-05:00
  DOI: 10.1504/IJNUCL.2013.052042
  Issue No: Vol. 4, No. 1 (2013)
A step towards establishing nuclear safety infrastructure for introduction
of nuclear power programme in Bangladesh
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  Authors: Alak Chakraborty; K.M. Rezaur Rahman; Mohammad Shawkat Akbar
  Pages: 35 - 45
  Abstract: The existing regulatory infrastructure for nuclear power of Bangladesh consists of Nuclear Safety and Radiation Control (NSRC) Act, 1993 and NSRC Rules 1997, which was established based on the IAEA BSS 115, overlooking other Safety Standards. Bangladesh made a knowledgeable decision regarding implementation of NPP. Accordingly, the country is committed to establish an independent regulatory body with appropriate resources and empowerment to regulate the safety and security of nuclear installations. A draft 'Bangladesh Atomic Energy Regulatory (BAER) Act' with input from the IAEA and vendor countries is already under consideration for approval of the government. The draft BAER Act establishes an independent 'Bangladesh Atomic Energy Regulatory Authority' for the regulation of nuclear safety, radiation protection, transportation and waste safety and the civil liability for nuclear damage. The important elements of the BAER Act have been analysed in this paper, and some critical issues are identified.
  Keywords: NSRC Act; NSRC Rules; BAER Act; BANPAP; BAEC; NPP; nuclear regulatory authorities; legislative framework; government structure; emergency response; emergency preparedness; nuclear liability; Bangladesh; nuclear safety; nuclear power plants; nuclear energy; radiation
  Citation: International Journal of Nuclear Law, Vol. 4, No. 1 (2013) pp. 35 - 45
  PubDate: 2013-02-10T23:20:50-05:00
  DOI: 10.1504/IJNUCL.2013.052043
  Issue No: Vol. 4, No. 1 (2013)
A nuclear liability framework for South Asia: formation of South Asia
Association for Regional Cooperation (SAARC) nuclear risk community
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  Authors: M.P. Ram Mohan; K.D. Raju; M.V. Shiju
  Pages: 46 - 62
  Abstract: South Asia is one of the densely populated regions of the world. A disaster in the nature of nuclear accident in one country will have a significant impact on the life and livelihood of large population across the region. Currently, major economies in South Asia are expanding their nuclear energy programmes, and this poses a transboundary risk. The risk is aggravated by the fact that countries in South Asia are not a part of any common international nuclear liability framework, nor do they have reciprocal domestic law. This subjects the region to an uncertain liability and compensation regime. This paper explores the legal response mechanisms available in respect to state liability and compensation. The paper argues that the South Asian Association for Regional Cooperation (SAARC), a regional community of South Asian countries, is the appropriate institutional mechanism available to form a regional nuclear risk community.
  Keywords: nuclear liability; South Asia; SAARC; regional cooperation; domestic liability law; transboundary impacts; nuclear risk; nuclear energy; nuclear power; nuclear accidents; compensation; legal response
  Citation: International Journal of Nuclear Law, Vol. 4, No. 1 (2013) pp. 46 - 62
  PubDate: 2013-02-10T23:20:50-05:00
  DOI: 10.1504/IJNUCL.2013.052044
  Issue No: Vol. 4, No. 1 (2013)
A new world governance for nuclear safety after Fukushima?
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  Authors: Patrick Reyners
  Pages: 63 - 77
  Abstract: Over several decades of operation of nuclear power plants, the world nuclear community has built progressively an international regime to govern the safety of such plants. Starting from a time when nuclear safety was generally considered as an exclusive domestic responsibility, the evolution in this direction has been slow and uneven. Accidents have had to serve as a catalyst to mitigate the resistance of more advanced nuclear countries to a greater degree of 'internationalisation'. The disaster which struck Japan in 2011 is in this respect one more example that under the pressure of events - and that of the public opinion - law must adapt to the change of policies and nuclear law is especially reactive in this respect. The Fukushima accident has generated an emotion not experienced since Chernobyl 25 years ago. The question now is whether and how this emotion may transform itself in a real progress for the global regime of nuclear safety.
  Keywords: Fukushima; nuclear accident; IAEA; nuclear safety; international law; international cooperation; nuclear governance; public trust; safety convention; public opinion; global regime; nuclear power plants; NPP; nuclear energy
  Citation: International Journal of Nuclear Law, Vol. 4, No. 1 (2013) pp. 63 - 77
  PubDate: 2013-02-10T23:20:50-05:00
  DOI: 10.1504/IJNUCL.2013.052045
  Issue No: Vol. 4, No. 1 (2013)
Public awareness and stakeholder engagement in India's nuclear energy
regulatory process
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  Authors: Lukasz Dariusz Mlynarkiewicz
  Pages: 78 - 94
  Abstract: The accident at the Fukushima Daiichi Nuclear Power Plant has shown that the generation of nuclear energy involves an inherent risk of failure irrespective of undertaken precautions and safety measures. Therefore, members of the public - the principal stakeholders - shall be provided with significant opportunities for their engagement in the nuclear regulatory process. In general, openness for public participation not only strengthens the legitimacy of regulatory decisions, but it also establishes trust and understanding in reference to policy-makers' activities. This paper analyses public involvement system in the nuclear regulatory process in India. In reference to the best international practices settled by the IAEA and national authorities like the US Nuclear Regulatory Commission, the author recommends certain solutions for the improvement of the public participation mechanism regarding the Indian nuclear decision-making process.
  Keywords: public participation; nuclear regulatory process; India; stakeholder involvement; nuclear education; public hearings; safety standards; nuclear law; nuclear energy; nuclear power plants; NPP; public awareness; decision making
  Citation: International Journal of Nuclear Law, Vol. 4, No. 1 (2013) pp. 78 - 94
  PubDate: 2013-02-10T23:20:50-05:00
  DOI: 10.1504/IJNUCL.2013.052046
  Issue No: Vol. 4, No. 1 (2013)