26 juin 2012
Global nuclear law in the making?
Zoltán Turbék
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.
26 juin 2012
Italian decommissioning in the post-referendum era
Vincenzo Ferrazzano, Serena Scarabotti
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.
26 juin 2012
Through the looking glass
Robert J. Gruendel, Els Reynaers Kini
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.
26 juin 2012
Legal aspects of the control and repression of illicit trafficking of nuclear and other radioactive materials
Scott Spence
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".
26 juin 2012
Case law
OCDE, Agence pour l'Energie Nucléaire
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
26 juin 2012
National legislative and regulatory activities
OCDE, Agence pour l'Energie Nucléaire
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
26 juin 2012
Intergovernmental organisation activities
OCDE, Agence pour l'Energie Nucléaire
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
26 juin 2012
Documents and legal texts
OCDE, Agence pour l'Energie Nucléaire
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