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Bhattacharjee, Saurabh --- "Nuclear energy and liability: an environmental perspective" [2019] ELECD 2660; in Cullet, Philippe; Koonan, Sujith (eds), "Research Handbook on Law, Environment and the Global South" (Edward Elgar Publishing, 2019) 322

Book Title: Research Handbook on Law, Environment and the Global South

Editor(s): Cullet, Philippe; Koonan, Sujith

Publisher: Edward Elgar Publishing

Section: Chapter 17

Section Title: Nuclear energy and liability: an environmental perspective

Author(s): Bhattacharjee, Saurabh

Number of pages: 25

Abstract/Description:

With its legislation on civil nuclear liability for suppliers of nuclear reactors, India is being seen as an outlier standing against the international legal principles on civil nuclear liability. This chapter argues that India’s conundrum is illustrative of the broader challenge faced by a large number of developing countries that are poised to expand their civil nuclear energy industry. The major international legal regimes on nuclear energy were developed without significant participation of developing countries. As such, these principles fail to address the specific concerns of developing countries and the relationship of technological dependence that these countries have with the suppliers from the developed world. Further, the existing legal regimes on nuclear liability conflict with contemporary international environmental law principles. In view of these, the chapter identifies certain principles relevant for harmonising international legal regimes on nuclear liability with international environmental law and protecting the concerns of developing countries.