Nuclear Law Bulletin

Frequency :
1609-7378 (online)
0304-341X (print)
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Published twice a year, the Nuclear Law Bulletin covers legislative developments in almost 60 countries around the world as well as reporting on relevant jurisprudence and administrative decisions, bilateral and international agreements and regulatory activities of international organisations.

Each issue typically includes the following sections: Articles, Case Law, National Legislative and Regulatory Activities, International Regulatory Activities, Agreements, News Briefs, and a Supplement.

Also available in: French

Volume 2007, Issue 2 You do not have access to this content

Publication Date :
19 Dec 2007
Also available in: French

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  19 Dec 2007 Click to Access:  Judicial Progress in Germany's Nuclear Waste Disposal Policy, The Konrad Repository Decisions of 26 March 2007
Gunther K├╝hne
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.
  19 Dec 2007 Click to Access:  Critical Reflections on the Treaty on the Non-Proliferation of Nuclear Weapons
Quentin Michel
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.
  19 Dec 2007 Click to Access:  The "Incentive" Concept as Developed in the Nuclear Safety Conventions and its Possible Extension to Other Sectors
Tammy de Wright
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.
  19 Dec 2007 Click to Access:  The International Systems of Radiological Protection
Edward Nicholas Lazo
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.
  19 Dec 2007 Click to Access:  Case Law

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)

  19 Dec 2007 Click to Access:  National Legislative and Regulatory Activities

Resolution of the National Council on Energy Policy on the Resumption of Construction of a Thermonuclear Plant (2007) 

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) 

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)

Amendment to the Law on Final Disposal of High-level Radioactive Waste (2007)

Law on the Nuclear Power Plant (2007)

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) 

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)

Decree on the Control of Radioactive Contamination in the Shipment of Scrap Metal (2007)

Amendment to the Nuclear Energy Act (2007)

Decision on the Merger of Regulatory Authorities (2007)

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)

  19 Dec 2007 Click to Access:  Texts

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)

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)

  19 Dec 2007 Click to Access:  International Regulatory Activities

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)

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