Serguei Milenin
Sergei Skokov
Elizabeth Supeno
The Chornobyl [Chernobyl] Accident and the Future of Nuclear Energy:
The Path Towards Safety and Sustainability
Developing nuclear energy as a sustainable energy source represents one of the most serious
challenges faced by humankind. The development of an international regulatory system for the
peaceful use of nuclear energy is currently underway. This process reflects many controversies
inherent at present to our society in general and to international relations in particular.
The accident at the Chornobyl nuclear power plant (Ukrainian SSR, 1986) has highlighted the
shortcomings in the existing international system and brought many nuclear energy issues into the
discussion.
The paper considers the existing international provisions for the safe use of nuclear energy
focusing on their weaknesses and analyzing possible ways toward creating an effective and
workable international legal regime. Special attention is paid to further development of the safety
assurance of nuclear installations and to the problem of strengthening the legal system of liability
for nuclear damage.
©1997 President and Fellows of Harvard College
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Table of Contents
- ACRONYMS AND ABBREVIATIONS
- INTRODUCTION
- Chapter 1. THE PROBLEM OF INTERNATIONAL REGULATION OF
NUCLEAR ENERGY
- A. Scope of nuclear energy use.
- B. Problem of danger and the costs of clean up.
- Chapter 2. EXISTING INTERNATIONAL LEGAL PROVISIONS FOR
NUCLEAR ENERGY USE
- A. General issues of radiation protection.
- B. Safety of nuclear installations.
- C. Provisions of international emergency cooperation.
- D. Radioactive waste management.
- E. Transport of radioactive materials.
- F. Physical protection of nuclear materials.
- G. Civil liability for nuclear damage.
- Chapter 3. WEAKNESSES OF THE EXISTING SYSTEM OF NUCLEAR
ENERGY USE REGULATIONS
- A. Nuclear safety: General problems.
i) Fundamental principles for the safe use of nuclear energy.
ii) Ensuring and enhancing the safety of operating plants.
iii) Final disposal of radioactive waste.
- B. Problems with the legal provisions of nuclear energy use.
i) General problems of the international negotiation process.
a) Conflict of interests.
b) General problems with existing legal instruments.
ii) Difficulties with the most important legal provisions.
a) Nuclear safety requirements.
b) International emergency cooperation.
c) Liability for nuclear damage.
1. Liability regime.
a. Types of liability: civil and state liability
b. Liability rule: limited and unilimited liability.
c. Clean-up measures in the light of liability.
2. Compensation for nuclear damage.
a. Definition of damage.
b. Financial guarantees for nuclear risk.
c. Mechanisms of compensation.
d. Compensation in the global scale.
d) Weak points of the current legal nuclear liability regime.
- Chapter 4. FURTHER DEVELOPMENT OF THE INTERNATIONAL
LEGAL REGIME FOR THE SAFE USE OF NUCLEAR ENERGY
- A. Developing the international regime for nuclear safety.
i) Fundamental principles of nuclear safety.
ii) The safety of operating nuclear power plants.
iii) Final disposal of radioactive waste.
- B. Strengthening the existing international regime of liability for nuclear damage.
- CONLHUSION
- REFERENCES
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