The book presents a proposal for a harmonised European liability regime and discusses possibilities to enhance the feasibility of such a reform. It calls for a stronger involvement of the public in the nuclear sector and emphasises the intrinsic link between effective safety regulation and liability and compensation mechanisms.

This open access book traces the journey of nuclear law: its origins, how it has developed, where it is now, and where it is headed. As a discipline, this highly specialized body of law makes it possible for us to benefit from the life-saving applications of nuclear science and technology, including diagnosing cancer as well as avoiding and mitigating the effects of climate change. This book seeks to give readers a glimpse into the future of nuclear law, science and technology. It intends to provoke thought and discussion about how we can maximize the benefits and minimize the risks inherent in nuclear science and technology. This compilation of essays presents a global view in discipline as well as in geography. The book is aimed at representatives of governments -- including regulators, policymakers and lawmakers -- as well representatives of international organizations and the legal and insurance sectors. It will be of interest to all those keen to better understand the role of law in enabling the safe, secure, and peaceful use of nuclear technology around the world. The contributions in this book are written by leading experts, including the IAEA's Director General, and discuss the four branches of nuclear law -- safety, security, safeguards and nuclear liability -- and the interaction of nuclear law with other fields of national and international law.

Energy and Environmental Law and Policy Series #39 While the European Economic Community has evolved through the decades into the legal entity of the European Union, the substantive law contained in the 1957 Euratom Treaty has never been amended. Recurring legal discussions of the treaty’s potentially obsolete nature give rise to this much-needed handbook, which provides systematic analysis and evaluation of the competences conferred under the Euratom Treaty. Following the structure of the Euratom Treaty, the author analyses and evaluates the scope, content, exercise, and case law of the Euratom Communities’ competences in the following fields: Promotion of research, with reference to the Horizon research programmes; dissemination of information; health and safety, including environmental protection; investments; joint undertakings; nuclear supplies; safeguards; property ownership of fissile materials; the nuclear common market; and the Community’s external relations. The book deals with issues of stagnation and potential obsolescence through such lenses as the legislative amendment procedure, level of regulatory detail, quantitative elements of exercise, secondary legal acts, and the Court of Justice of the European Union’s power to define and delimit the Euratom Community’s competences. The competences in the fields of military activities and State aid are also examined in detail. The role of principles of subsidiarity and proportionality in European nuclear law and the issue of classification of competences under the Euratom Treaty are addressed in this book. With its systematic, chapter-by-chapter analysis of competences of the Euratom Community under the Euratom Treaty, the book will be welcomed by lawyers and negotiators working in nuclear field, researchers in nuclear law and in the broader competences of the EU, and policymakers in the European nuclear sector. “This book represents an important contribution to the renewed academic discourse on the Euratom Community. I would like to recommend it both to those looking for concise information on this neglected Community as well as to those dealing with the topic of competences with respect to the law of the EU. It is also vital reading for policymakers and lawyers active in the field of energy and nuclear law” Jakub Handrlica, Common Market Law Review (2021)

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the PETI Committee, aims at gaining deeper insights into the legal aspects of cross border nuclear safety and cooperation in the European Union. It analyses the legal framework of nuclear safety as well as the liability and insurance schemes for nuclear accidents. The study examines the current liability and insurance framework and formulates possibilities for a further involvement of the EU in the liability regime. Specific attention is paid to citizen and NGO involvement in decision-making concerning nuclear power plants. The study analyses the case law in that respect and formulates various recommendations to improve the regime concerning cross-border nuclear safety, liability and corporation in the EU.

This handbook is a practical aid to legislative drafting that brings together, for the first time, model texts of provisions covering all aspects of nuclear law in a consolidated form. Organized along the same lines as the Handbook on Nuclear Law, published by the IAEA in 2003, and containing updated material on new legal developments, this publication represents an important companion resource for the development of new or revised nuclear legislation, as well as for instruction in the fundamentals of nuclear law. It will be particularly useful for those Member States embarking on new or expanding existing nuclear programmes.

This handbook outlines the key issues that need to be addressed by government officials and others involved in drafting national legislation relating to the management and regulation of nuclear energy, in order to ensure harmonisation of their legal and institutional arrangements with international standards. Chapters cover: nuclear law and the legislative process; the regulatory body and functions; licensing, inspection and enforcement; radiation protection; sources of radiation and radioactive material; safety of nuclear facilities; emergency response and preparedness; mining and milling; the transport of radioactive material; radioactive waste and spent fuel; nuclear liability and coverage; non-proliferation and physical protection aspects.