A European Legal Framework for Nuclear Liability

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.
Author(s):
Tobias Heldt
Series:
Ius Commune Europaeum
Volume:
143
book | published | 1st edition
November 2015 | xvi + 250 pp.

Paperback
€88.-


ISBN 9781780683553


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Details

A European Legal Framework for Nuclear Liability discusses nuclear liability and the interplay of the different stakeholders involved in the nuclear sector. It highlights shortcomings of the current liability regimes, suggests alternatives and calls for a more active role of the European Union in the area of nuclear liability. Contrary to existing literature, it refocuses the discussion of nuclear liability in the European Union away from the Euratom Treaty, arguing that the Treaty on the Functioning of the European Union could also provide a sufficient legal basis for a European nuclear liability regime.

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. It also describes the need to find ways in which safety regulation and liability rules can mutually reinforce each other.

This book sets out the regulation of nuclear energy and pressing legal questions to do with the commercial exploitation of nuclear energy. Equally it will be of interest for government officials, policy advisors, environmental agencies and other practitioners in the nuclear sector.

Chapters

Table of Contents (p. 0)

General Introduction (p. 1)

PART I. THE REGULATION OF ULTRA-HAZARDOUS ACTIVITIES

Chapter 1. The Regulation of Ultra-hazardous Activities – The Theoretical Framework (p. 9)

Chapter 2. The Regulation of Ultra-hazardous Activities – Experiences from High Risk Sectors (p. 39)

PART II. THE REGULATION OF NUCLEAR ACCIDENTS – THE EUROPEAN DIMENSION

Chapter 3. The Current Situation within the European Union (p. 63)

Chapter 4. Re-examining the Competences of the European Union (p. 85)

Chapter 5. Harmonisation at the European Level – A Desirable Option? (p. 107)

PART III. THE WAY FORWARD

Chapter 6. Nuclear Liability in the European Union – Rethinking Current Principles (p. 129)

Chapter 7. The Future of the Nuclear Sector in the European Union (p. 165)

Conclusion (p. 199)

Policy Documents, Guidelines, Reports (p. 207)

Legislation (p. 211)

Bibliography (p. 215)

Valorisation Addendum (p. 243)

Curriculum Vitae (p. 247)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


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