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International Journal of Nuclear Law最新文献

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Criminal nuclear law: international obligations and their implementation in the EU 核刑法:国际义务及其在欧盟的实施
International Journal of Nuclear Law Pub Date : 1900-01-01 DOI: 10.1504/IJNUCL.2008.024756
M. Ferro
{"title":"Criminal nuclear law: international obligations and their implementation in the EU","authors":"M. Ferro","doi":"10.1504/IJNUCL.2008.024756","DOIUrl":"https://doi.org/10.1504/IJNUCL.2008.024756","url":null,"abstract":"In this paper, 'criminal nuclear law' is understood as the group of rules adopted at the national, regional or international level which criminalises or makes it mandatory for states to criminalise the practices associated with nuclear energy or radioactivity and which can be distinguished from other provisions relating to similar practices on the basis of the inherent ultra-hazardous nature of nuclear energy or radioactivity. The paper presents the current rules of criminal nuclear law at the international (Convention on the Physical Protection of Nuclear Material or CPPNM, Nuclear Terrorism Convention (NTC) and UN Security Council (UNSC) Resolution 1540 (2004)), European and national levels, referring to France and Portugal as case studies. It then analyses the extent to which the European and national rules comply with international obligations. Finally, some thoughts on the possible future of international criminal nuclear law are presented.","PeriodicalId":443808,"journal":{"name":"International Journal of Nuclear Law","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124633733","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Interpreting the withdrawal clause of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT): options within the 2010 NPT review cycle 解读《不扩散核武器条约》(NPT)退出条款:2010年《不扩散核武器条约》审议周期内的选择
International Journal of Nuclear Law Pub Date : 1900-01-01 DOI: 10.1504/IJNUCL.2008.024754
Jenny Nielsen
{"title":"Interpreting the withdrawal clause of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT): options within the 2010 NPT review cycle","authors":"Jenny Nielsen","doi":"10.1504/IJNUCL.2008.024754","DOIUrl":"https://doi.org/10.1504/IJNUCL.2008.024754","url":null,"abstract":"The actions of the Democratic People's Republic of Korea (DPRK) in 2003, resulting in the first case of a state party exercising its sovereign right to withdraw from the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and its subsequent test of an explosive nuclear device in October 2006, have prioritised the need for a consolidated clarification of the duties, responsibilities, procedures and consequences associated with implementing Article X.1 of the NPT. Given the existing broad support for such a clarified interpretation amongst NPT state parties, the 2010 NPT review cycle presents an opportune juncture to provide such a consolidation of the Treaty's withdrawal provision.","PeriodicalId":443808,"journal":{"name":"International Journal of Nuclear Law","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116418771","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
The future of the regulation of nuclear safety in the EU 欧盟核安全监管的未来
International Journal of Nuclear Law Pub Date : 1900-01-01 DOI: 10.1504/IJNUCL.2008.024758
M. Ferro
{"title":"The future of the regulation of nuclear safety in the EU","authors":"M. Ferro","doi":"10.1504/IJNUCL.2008.024758","DOIUrl":"https://doi.org/10.1504/IJNUCL.2008.024758","url":null,"abstract":"After more than 50 years of a Euratom Community and despite detailed and wide-reaching European rules in neighbouring fields such as radiological protection, the European Union (EU) has so far been unable to adopt rules on the safety of nuclear installations and the management of nuclear waste. After highlighting the limitations of the existing international law in this field, this paper shows that the EU not only has the competency to act, but that such action is highly desirable. It then looks at past and current efforts to produce such EU regulations and analyses their characteristics and the reasons why they are being blocked by a minority of Western member states. A method is proposed to analyse the varying proposals and their inherent usefulness and desirability.","PeriodicalId":443808,"journal":{"name":"International Journal of Nuclear Law","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133001311","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Status of laws related to physical protection and radiological emergency in the Republic of Korea 大韩民国与实物保护和辐射紧急情况有关的法律现状
International Journal of Nuclear Law Pub Date : 1900-01-01 DOI: 10.1504/IJNUCL.2006.010723
Jaedong Koh, Sangwon Kim, Changbum Kim
{"title":"Status of laws related to physical protection and radiological emergency in the Republic of Korea","authors":"Jaedong Koh, Sangwon Kim, Changbum Kim","doi":"10.1504/IJNUCL.2006.010723","DOIUrl":"https://doi.org/10.1504/IJNUCL.2006.010723","url":null,"abstract":"Laws related to atomic energy of the Republic of Korea, which were quite simple at the nascent stage, have been diversified in accordance with the expansion of the nuclear industry and growing public needs. As part of the efforts by the government to address public concerns about nuclear safety, the Act for Physical Protection and Radiological Emergency was enacted to enhance the capabilities to prevent and tackle radiological emergencies and establish a firm mechanism for physical protection. The above act stipulates systematic government-wide measures with a view to preventing radiological emergencies that might possibly occur within the framework of the existing disaster control system of the Republic of Korea and coping with any actual disaster. In addition, the act sets forth a wide range of measures aimed at effectively grappling with acts of sabotage and terrorism related to nuclear facilities and nuclear materials, the importance of which is being increasingly recognised. The Republic of Korea will exert maximum efforts to thwart any unexpected disaster, expecting that enforcement of the act will generate its intended effects.","PeriodicalId":443808,"journal":{"name":"International Journal of Nuclear Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130077021","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
EU normative framework and standards of radiological protection in medicine 欧盟医学放射防护规范框架和标准
International Journal of Nuclear Law Pub Date : 1900-01-01 DOI: 10.1504/IJNUCL.2009.032289
A. Sukhova
{"title":"EU normative framework and standards of radiological protection in medicine","authors":"A. Sukhova","doi":"10.1504/IJNUCL.2009.032289","DOIUrl":"https://doi.org/10.1504/IJNUCL.2009.032289","url":null,"abstract":"This paper examines the normative framework of the European Union (EU) and member states in the field of radioprotection of individuals undergoing medical exposure, in the light of harmonisation on the basis of the European Atomic Energy Community (EAEC or EURATOM) directives and enforcement at the national level. It discusses to what extent medical standards in radioprotection vary in member states, and analyses the factors determining differences in national laws and regulations adopted in this area. Bearing in mind the emerging challenges for medical practices in radiology and nuclear medicine, on the one hand, and the implicit limitations of the direct regulation, on the other hand, we will argue that the law can stimulate self-organisation within the healthcare environment and induce the operators on the floor to self-reflective performance, in order to enhance the quality of services and to minimise radiological risks.","PeriodicalId":443808,"journal":{"name":"International Journal of Nuclear Law","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131634457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The renewal of licensing system for nuclear reactors in Indonesia 印度尼西亚核反应堆许可证制度的更新
International Journal of Nuclear Law Pub Date : 1900-01-01 DOI: 10.1504/IJNUCL.2008.017932
Amil Mardha
{"title":"The renewal of licensing system for nuclear reactors in Indonesia","authors":"Amil Mardha","doi":"10.1504/IJNUCL.2008.017932","DOIUrl":"https://doi.org/10.1504/IJNUCL.2008.017932","url":null,"abstract":"This paper describes the renewal of the licensing system for nuclear reactors in Indonesia stipulated in the new legislation and regulations. The new Act, Number 10 Year 1997 on Nuclear Energy, provides for licensing by the regulatory body of personnel and installations. The construction and operation of nuclear reactors and other nuclear installations, as well as the decommissioning of nuclear reactors, will be subjected to licensing. The requirements and procedures of the licence grant process are briefly defined in the new Government Regulation of the Republic of Indonesia Number 43 Year 2006 on Licensing of Nuclear Reactors as the implementation of the Act.","PeriodicalId":443808,"journal":{"name":"International Journal of Nuclear Law","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125535304","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
INDO-US 123 agreement - a saga of controversies and compromises 印美123协议——争议和妥协的传奇
International Journal of Nuclear Law Pub Date : 1900-01-01 DOI: 10.1504/IJNUCL.2008.017933
B. Singh
{"title":"INDO-US 123 agreement - a saga of controversies and compromises","authors":"B. Singh","doi":"10.1504/IJNUCL.2008.017933","DOIUrl":"https://doi.org/10.1504/IJNUCL.2008.017933","url":null,"abstract":"The text of the Agreement for Cooperation between The Government of India and The Government of USA concerning Peaceful Uses of Nuclear Energy (123 Agreement) has been released for public scrutiny before final execution. It has faced unprecedented criticism in both countries and is, perhaps, one of the most difficult negotiations carried out in this field in recent times. The contents of the agreement are subject to contradictory interpretations, some of which are fraught with suspicion and mutual mistrust. An analysis of the text is attempted in the present paper.","PeriodicalId":443808,"journal":{"name":"International Journal of Nuclear Law","volume":"409 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116693019","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Facing plans for multiplying nuclear-powered vessels: lessons gained from the Brussels Convention on the Liability of Operators of Nuclear Ships of 1962 面对增加核动力船舶的计划:从1962年《关于核动力船舶经营人责任的布鲁塞尔公约》获得的教训
International Journal of Nuclear Law Pub Date : 1900-01-01 DOI: 10.1504/IJNUCL.2009.032288
J. Handrlica
{"title":"Facing plans for multiplying nuclear-powered vessels: lessons gained from the Brussels Convention on the Liability of Operators of Nuclear Ships of 1962","authors":"J. Handrlica","doi":"10.1504/IJNUCL.2009.032288","DOIUrl":"https://doi.org/10.1504/IJNUCL.2009.032288","url":null,"abstract":"The Convention on the Liability of Operators of Nuclear Ships was adopted in Brussels on 25 May 1962 as a free-standing convention. The convention was intended to apply to nuclear damage caused by a nuclear incident occurring in any part of the world and involving the nuclear fuel of, or radioactive products or waste produced in, a nuclear ship flying the flag of a contracting party. Nevertheless, the convention has not entered into force until now. However, according to the most current statements made by several states (e.g., Brazil, China and Russia), the nuclear fleet is planned to be further enhanced by new-generation nuclear vessels in the coming years. With these developments in mind, we have to face the current questions of which nuclear liability regime will be most appropriate for these newly built fleets and what lessons are to be learned from the deadlock on the Brussels Convention on the Liability of Operators of Nuclear Ships.","PeriodicalId":443808,"journal":{"name":"International Journal of Nuclear Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115108230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Regulations and standards for the measurement of performance and management of ageing of I&C systems of nuclear power plants 核电站I&C系统性能测量和老化管理的法规和标准
International Journal of Nuclear Law Pub Date : 1900-01-01 DOI: 10.1504/IJNUCL.2009.032285
H. Hashemian
{"title":"Regulations and standards for the measurement of performance and management of ageing of I&C systems of nuclear power plants","authors":"H. Hashemian","doi":"10.1504/IJNUCL.2009.032285","DOIUrl":"https://doi.org/10.1504/IJNUCL.2009.032285","url":null,"abstract":"Instrumentation and Control (I&C) equipment is vital to the safety and viability of nuclear power plants. This equipment must provide accurate and timely measurements of plant control and safety systems to ensure efficient operation and guard against mishaps. Given this, numerous regulations, standards and guidelines have been devised to formulate requirements and establish maintenance methods to verify the performance of this equipment. Examples of these requirements and the test methods to meet them are summarised in this paper.","PeriodicalId":443808,"journal":{"name":"International Journal of Nuclear Law","volume":"153 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132846801","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Nuclear Liability Law in the Czech Republic and Slovakia: Current Legislation and Prospects for Development 捷克共和国和斯洛伐克的核责任法:现行立法和发展前景
International Journal of Nuclear Law Pub Date : 1900-01-01 DOI: 10.1504/IJNUCL.2009.032286
J. Handrlica
{"title":"Nuclear Liability Law in the Czech Republic and Slovakia: Current Legislation and Prospects for Development","authors":"J. Handrlica","doi":"10.1504/IJNUCL.2009.032286","DOIUrl":"https://doi.org/10.1504/IJNUCL.2009.032286","url":null,"abstract":"The Czech Republic and Slovakia, both contracting parties to the Vienna Convention on Civil Liability for Nuclear Damage of 1963, joined the European Union (EU) on 1 May 2004. Both countries have announced plans to increase their nuclear capacities during the process of the so-called nuclear new build. Owing to these developments, nuclear legislation within these Central European states is of rising interest to specialists abroad. This paper aims to deal with the existing obligations in both countries arising from international conventions and current national legislation on matters of nuclear liability. Special attention is paid to the methods by which provisions of the Vienna Convention have been implemented into their national acts, particularly regarding minimal limits of operator liability. Differences between the current legal regimes are pointed out. Furthermore, the paper deals with actual developments in the area of nuclear liability, particularly developments in Slovakia, which declared that future nuclear liability legislation must be oriented towards the possibility that the country will accede to the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960, as amended by the Protocol of 2004.","PeriodicalId":443808,"journal":{"name":"International Journal of Nuclear Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128512274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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