Nuclear Energy and Civil Liability: Two Way Street?

The purpose of the research paper is to bring forth the dilemma that is being faced by the world regarding the use of nuclear power. This paper aims at scrutinizing the energy scenario
in India and the need for atomic power in the domestic circuit in conjugation with examining the liability law in force.
Design/Methodology/Approach: The research methodology is qualitative and descriptive in nature which basically explores the data drawn from secondary sources.
Findings: Nuclear power is actually helping in tackling the situation of dwindling energy sources in the environment. In developed countries atomic energy accounts for as a major source of energy after it is converted into electricity. But liabilities against nuclear accidents are not covered properly by law provisions of different countries. Even if there are provisions regarding nuclear liability, they may not suffice the situational crisis. India has the potential to grow into a nuclear power with objectives of expanding its energy domain.
Research Limitations/Implications: The paper stresses on secondary sources considering the fact that field work in the said sector is, to some extent, not feasible. The paper does not talk about statistics time and again but focuses on the theory for such data.
Practical Implications: The research paper will assist in providing the readers with not a general view but an analytical view of the atomic energy scenario of the world.
Originality/Value: The paper proves to be the one-stop source of information of nuclear energy and the legal provisions covering nuclear liability.

Keywords

Nuclear Energy, Civil Liability, Nuclear Accident.

Bagely, David, A. (1992), The United States and International Civil Liabilty,18 Brook.J., Int’l L. 497, p.497.
Bajoria, Jayshree, and Pan, Esther (2010), “The U.S.-India Nuclear Deal”, Backgrounder, Council on Foreign Relations, at http://www.cfr.org/publication/9663.html, accessed on 20th Novermber, 2010.
Balachandran, G. (2010), “The Civil Nuclear Liability Bill” Institute of Defence Studies and Analyses, IDSA Brief No. 26. (July).
Borre, Tom, Vanden (1998), Channeling of Liabilty:A few Juridical and Economic Views on an Inadequate Legal Construction, in Contemporary Developments in Nuclear Energy Law Harmonishing Legislation, in CEEC/NIS 13, 17-18 (Nathlie, L.J.T. Horbach ed.
Currie, Duncan, E.J. (2006), The Problems and Gaps in the Nuclear Liability Convention and an Analysis of How an Actual Claim would be Brought under the Current Existing Treaty Regime in the Event of a Nuclear Accident, 35 Denv. J. Int’l L. and Pol’y 85, pp.91-92.
Fritz, Kathy, J.S. (1994), Civil and State Liability for Nuclear Accident:A Proposal for Eastern Europe, 6 Int’l Legal Persp. 37 pp.60-61.
Göttingen, Norbert Pelzer (2011), “The Indian Civil Liability for Nuclear Damage Act, 2010 – Legislation with Flaws?” International Journal for Nuclear Power, Volume 56 (2011), Issue 1, January.
Ghosh, Sujit (2010), “A perspective on Nuclear Liability Bill” The Hindu - Business Line, April 1, 2010, at: http://www.thehindubusinessline.com/todays-paper/tp-opinion/article987942.ece.
Hariharan, Arya (2012), “India’s Nuclear Civil Liability Act and Supplier’s Liability: One Step Towards Modernizing the Outdated International Nuclear Liability Regime”.
http://www.ibef.org/resources/ibef-publications/india-energy-sector.aspx, accessed on 17th July, 2012.
http://www.npcil.nic.in/main/ConstructionDetail.aspx?ReactorID=77, accessed on 17th July, 2012.
http://www.assocham.org/events/recent/event_387/Lnt_perspective_on_Nuclear_power.pdf, accessed on 18th August, 2012.
http://www.dianuke.org/kudankulam-nuclear-power-plant-commissioning-should-be-deferred/html, accessed on 18th July, 2012.
http://www.countercurrents.org/padmanabhan250312.html, accessed on 18th July, 2012.
http://timesofindia.indiatimes.com/topic/Kudankulam-nuclear-power-plant, accessed on 17th July, 2012.
http://www.greenpeace.org/india/en/What-We-Do/Nuclear-Unsafe/Nuclear-Power-in-India/Jaitapur-nuclear-power-plant/, accessed on 18th July, 2012.
http://www.npcil.nic.in/main/jaitapur-atomic-power-plant.aspx, as accessed on 17th July, 2012.
http://www.youthkiawaaz.com/2011/04/jaitapur-nuclear-power-plant-boon-bane/, accessed on 18th July, 2012.
Kumar, Manoj and Powell, Lydia (2010), “Civil Liabilities for Nuclear Damages Bill 2010 - The Way Forward”, Observer Research Foundation Issue Brief No. 24, August.
Kumar, Vinay (2010), “We Cannot Ignore the Nuclear Option” The Hindu, 26 August 2010.
Lao, Pilid (2010), “The Civil Nuclear Liability Bill: Its Rationale and Related Issues” On Centre Right India, July 2010.
Lisa, Curtis (2010), “India’s Flawed Nuclear Legislation Leaves US. – India Partnership Short”, Heritage Foundation Report, August 31, 2010, at: www.heritage.org/research/reports/ 2010/08/indiasflawed-nuclear-legislation-leaves-US-India- partnership-short.
Travis, R.J., Davis, R.E., Grove, E.J., and Azam, M.A., “A Safety and Regulatory Assessment of Generic BWR and PWR Permanently Shutdown Nuclear Power Plants”, Brookhaven National Laboratory (NUREG/CR-6451), See Tables 4.1, 4.2, and 4.3.
Ramachandran, R. (2010), “Supplier’s Deal? – A cover Story” Frontline Magazine, Volume 27 - Issue 24: Nov. 20-Dec. 03, 2010.
Saraf, Mohit (2010), Civil Nuclear Liability Law in India; at: www.usibc.com/sites/default/llcivilnuclearliabilitylawinindia1.pdf; Mohit Saraf is Senior Partner at Luthra & Luthra Law Offices.
Scissors, Derek (2010), “The Wrong Way To Deal with India”, The Foundry, August 9,2010, at http://blog.heritage.org/ 2010/08/09/the-wrong-way-to-deal-with-india.
Sultan, Maria and Mian, Behzad Adil (2008), “The Henry J. Hyde Act and 123 Agreement: An Assessment”, South Asian Strategic Stability Institute, London.
The Civil Liability of Nuclear Damage Bill, 2010, No. 19 of 2010, INDIA CODE (2010).