Nuclear Law Bulletin

Frequency :
Semiannual
ISSN :
1609-7378 (online)
ISSN :
0304-341X (print)
DOI :
10.1787/16097378
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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 2008, Issue 2 You do not have access to this content

Publication Date :
13 Jan 2009
DOI :
10.1787/nuclear_law-v2008-2-en
Also available in: French

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Mark Mark Date TitleClick to Access
  13 Jan 2009 Click to Access: 
    http://oecd.metastore.ingenta.com/content/6708021ec001.pdf
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  • http://www.keepeek.com/Digital-Asset-Management/oecd/nuclear-energy/u-s-india-nuclear-cooperation-and-non-proliferation_nuclear_law-2008-5k9gw7rzmlhd
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U.S.–India Nuclear Cooperation and Non-Proliferation
Yash Thomas Mannully
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.
  13 Jan 2009 Click to Access: 
    http://oecd.metastore.ingenta.com/content/6708021ec002.pdf
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  • http://www.keepeek.com/Digital-Asset-Management/oecd/nuclear-energy/summary-notes_nuclear_law-2008-5k9gw7rz5gs1
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Summary Notes
OECD, NEA

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)

  13 Jan 2009 Click to Access: 
    http://oecd.metastore.ingenta.com/content/6708021ec003.pdf
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  • http://www.keepeek.com/Digital-Asset-Management/oecd/nuclear-energy/agreements-statements_nuclear_law-2008-5k9gw7rz39kc
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Agreements/Statements
OECD, NEA
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)
  13 Jan 2009 Click to Access: 
    http://oecd.metastore.ingenta.com/content/6708021ec004.pdf
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  • http://www.keepeek.com/Digital-Asset-Management/oecd/nuclear-energy/section-123-of-u-s-atomic-energy-act_nuclear_law-2008-5k9gw7rz1cs7
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Section 123 of U.S. Atomic Energy Act
OECD, NEA

This article provides the text of the U.S. Atomic Energy Act, Section 123. Cooperation With Other Nations.

  13 Jan 2009 Click to Access: 
    http://oecd.metastore.ingenta.com/content/6708021ec005.pdf
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  • http://www.keepeek.com/Digital-Asset-Management/oecd/nuclear-energy/environmental-law-and-nuclear-law_nuclear_law-2008-5k9gw7rxgf7c
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Environmental Law and Nuclear Law
Sam Emmerechts, NEA
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.
  13 Jan 2009 Click to Access: 
    http://oecd.metastore.ingenta.com/content/6708021ec006.pdf
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  • http://www.keepeek.com/Digital-Asset-Management/oecd/nuclear-energy/case-law_nuclear_law-2008-5k9gw7rxdj9w
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Case Law
OECD, NEA

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)

  13 Jan 2009 Click to Access: 
    http://oecd.metastore.ingenta.com/content/6708021ec007.pdf
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  • http://www.keepeek.com/Digital-Asset-Management/oecd/nuclear-energy/national-legislative-and-regulatory-activities_nuclear_law-2008-5k9gw7rxbp8t
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National Legislative and Regulatory Activities
OECD, NEA

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)

  13 Jan 2009 Click to Access: 
    http://oecd.metastore.ingenta.com/content/6708021ec008.pdf
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  • http://www.keepeek.com/Digital-Asset-Management/oecd/nuclear-energy/texts_nuclear_law-2008-5k9gw7rx8slw
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Texts
OECD, NEA

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)

  13 Jan 2009 Click to Access: 
    http://oecd.metastore.ingenta.com/content/6708021ec009.pdf
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  • http://www.keepeek.com/Digital-Asset-Management/oecd/nuclear-energy/international-regulatory-activities_nuclear_law-2008-5k9gw7rx6rnp
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International Regulatory Activities
OECD, NEA
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)
  13 Jan 2009 Click to Access: 
    http://oecd.metastore.ingenta.com/content/6708021ec010.pdf
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  • http://www.keepeek.com/Digital-Asset-Management/oecd/nuclear-energy/bilateral-multilateral-agreements_nuclear_law-2008-5k9gw7rx4r20
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Bilateral & Multilateral Agreements
OECD, NEA

This article lists nuclear bilateral & multilateral agreements concluded in 2008.

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