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The Lawyer Quarterly
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2019
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vol. 9
|
issue 2
150-161
EN
A key, nearly unique, characteristic of nuclear energy is that spent fuel may be reprocessed to recover fissile materials to provide fresh fuel for existing and future nuclear installations. United Kingdom, France, Russian Federation, China, India and Japan have policies to reprocess spent fuel, although government policies in many other countries have not yet come to seeing spent fuel as a resource rather than a waste. In 1997, the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management reaffirmed the right of the State to define its own fuel cycle policy, i.e. either to consider spent fuel as a resource that may be reprocessed, or to dispose it as waste. Further, the Convention also reconfirmed the right of its Contracting Parties to export spent fuel for reprocessing in a third country and its return to the State of origin. This article is dealing with topical legal issues arising from this unique technology.
EN
Society’s perceptions of desired democratic standards in radioactive waste management sector have changed significantly in the recent two decades. The change, known also as ‘participatory turn’, can be well illustrated on the example of site selection process for a geological repository of spent nuclear fuel in the Czech Republic. Empiric evidence from this process outlines links between the roles of Governmental bodies, NGOs, research institutions and businesses in dealing with the new challenges in decision making procedures concerning spent nuclear fuel. Selected examples from the EURATOM financed research projects ARGONA, COWAM and IPPA illustrate a growing need for internationalisation and involvement of environmental NGOs in related research and education processes in a near future.
The Lawyer Quarterly
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2018
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vol. 8
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issue 3
271-283
EN
The concept of "Exclusivism" is considered to represent one of the most characteristic features of International Nuclear Law. This concept is reflected by regulating matters of uses of nuclear energy and ionising radiation exclusively by distinct principles, that govern legal relations arising in these matters. The concept of "Exclusivism" has been widely reflected in the provisions of international conventions, which have been adopted since the 1960s. This article aims to revisit this concept, taking the most recent developments in international and European law into regard. The article is dealing with the reasons and origins of the concept of "Exclusivism" in International Nuclear Law, with reflections of this concept in existing international treaties and at last but not at least, with most recent tendencies, that aim at jeopardising this concept.
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