International Journal of Nuclear Law http://www.inderscience.com/browse/index.php?journalID=93&year=2011&vol=3&issue=3 Inderscience Publishers Ltd en-uk International Journal of Nuclear Law 1741-6388 1741-6396 © 2011 Inderscience Publishers Ltd editor@inderscience.com https://www.inderscience.com/images/files/coverImgs/ijnucl_scoverijnucl.jpg http://www.inderscience.com/browse/index.php?journalID=93&year=2011&vol=3&issue=3 http://www.inderscience.com/link.php?id=40361 The need for a new international organisation dealing with non-proliferation and disarmament issues has been demonstrated in different international events. In the later Nuclear Security Summit of April 2010, a proposal to establish a nuclear court or tribunal was revealed as one of the concrete steps that may enhance nuclear security and counter nuclear terrorism. Most recently, the International Commission on Nuclear Non-proliferation and Disarmament called for the establishment of a new international organisation to evaluate nuclear non-proliferation and disarmament efforts by countries. The International Nuclear Law architecture still contains some gaps; it lacks the presence of a comprehensive nuclear security convention, a convention on nuclear crime and criminals and the legal bases for countering illicit nuclear trafficking and deals. The establishment of an International Nuclear Court might be considered as a step for a comprehensive nuclear non-proliferation system, and surely it will contribute in filling the security-related gaps in International Nuclear Law. Contributions of an International Nuclear Court to the nuclear non-proliferation and disarmament system
Ibrahim Said Ibrahim
International Journal of Nuclear Law, Vol. 3, No. 3 (2011) pp. 155 - 162
The need for a new international organisation dealing with non-proliferation and disarmament issues has been demonstrated in different international events. In the later Nuclear Security Summit of April 2010, a proposal to establish a nuclear court or tribunal was revealed as one of the concrete steps that may enhance nuclear security and counter nuclear terrorism. Most recently, the International Commission on Nuclear Non-proliferation and Disarmament called for the establishment of a new international organisation to evaluate nuclear non-proliferation and disarmament efforts by countries. The International Nuclear Law architecture still contains some gaps; it lacks the presence of a comprehensive nuclear security convention, a convention on nuclear crime and criminals and the legal bases for countering illicit nuclear trafficking and deals. The establishment of an International Nuclear Court might be considered as a step for a comprehensive nuclear non-proliferation system, and surely it will contribute in filling the security-related gaps in International Nuclear Law.

]]> 10.1504/IJNUCL.2011.040361 International Journal of Nuclear Law, Vol. 3, No. 3 (2011) pp. 155 - 162 Ibrahim Said Ibrahim Egyptian Ministry of Foreign Affairs, Egypt Embassy, P.O. Box GP 2508, Accra, Ghana Nuclear Security Summit nuclear court International Nuclear Law illicit nuclear trade nuclear trafficking safeguards NPT CTBT CPPNM nuclear non-proliferation nuclear disarmament nuclear security nuclear terrorism. 2011-05-24T23:20:50-05:00 3 3 155 162 2011-05-24T23:20:50-05:00 http://www.inderscience.com/link.php?id=40362 In Europe, we are currently facing a labyrinth of international treaties that create a number of different regimes in nuclear liability. The problem can also be seen as part of a more complex process, which has been described as 'European Exceptionalism' in the literature. This paper deals with the problem from two points of view. First, it will deal with the question of whether the accession of Euratom to a liability convention will be a viable option and what kind of implications such a step will have. Second the issue will be dealt concerning a potential nuclear liability directive, as well as its implications upon commitments to these nuclear liability treaties. At the end, the most sensitive part of questions will be addressed: implications of potential conflict between commitments arising from such a directive and from the existing international agreements. 'European Exceptionalism' and nuclear third party liability
Jakub Handrlica
International Journal of Nuclear Law, Vol. 3, No. 3 (2011) pp. 163 - 192
In Europe, we are currently facing a labyrinth of international treaties that create a number of different regimes in nuclear liability. The problem can also be seen as part of a more complex process, which has been described as 'European Exceptionalism' in the literature. This paper deals with the problem from two points of view. First, it will deal with the question of whether the accession of Euratom to a liability convention will be a viable option and what kind of implications such a step will have. Second the issue will be dealt concerning a potential nuclear liability directive, as well as its implications upon commitments to these nuclear liability treaties. At the end, the most sensitive part of questions will be addressed: implications of potential conflict between commitments arising from such a directive and from the existing international agreements.

]]> 10.1504/IJNUCL.2011.040362 International Journal of Nuclear Law, Vol. 3, No. 3 (2011) pp. 163 - 192 Jakub Handrlica Department of Administrative Law and Administrative Science, Law Faculty, Charles University in Prague, Nam. Curieovych 7, CZ – 116 40 Prague 1, Czech Republic nuclear liability harmonisation European Exceptionalism Euratom treaty-making powers mixed agreements nuclear liability directive third party liability international agreements nuclear agreements. 2011-05-24T23:20:50-05:00 3 3 163 192 2011-05-24T23:20:50-05:00 http://www.inderscience.com/link.php?id=40363 In this paper it is argued that the US policy towards Iran gradually was transformed into a culture of sanctions which grew in a prepared medium to frustrate Iranians. The logic of sanctions imposed by OFAC, UK, and the EU is cultural, depicting Iranians as imminent foes of international security and finally holding that Iran is in material breach of the NPT and the UN Charter. This cultural syndrome calls, on the one hand, for the maintenance of international peace and security, and undermines the same peace and security by acting in contravention of human rights, by behaving contrary to the right to development, by proceeding against the principle of neutrality, by infringing the freedom of navigation, by denying international free trade, and by ruling against bilateral and multilateral treaties, on the other hand. This predetermined culture of sanctions suggests that the designers, like certain species, produce the same substance that they want to abolish. The culture and politics of Iran sanctions
Abu Mohammad Asgarkhani
International Journal of Nuclear Law, Vol. 3, No. 3 (2011) pp. 193 - 197
In this paper it is argued that the US policy towards Iran gradually was transformed into a culture of sanctions which grew in a prepared medium to frustrate Iranians. The logic of sanctions imposed by OFAC, UK, and the EU is cultural, depicting Iranians as imminent foes of international security and finally holding that Iran is in material breach of the NPT and the UN Charter. This cultural syndrome calls, on the one hand, for the maintenance of international peace and security, and undermines the same peace and security by acting in contravention of human rights, by behaving contrary to the right to development, by proceeding against the principle of neutrality, by infringing the freedom of navigation, by denying international free trade, and by ruling against bilateral and multilateral treaties, on the other hand. This predetermined culture of sanctions suggests that the designers, like certain species, produce the same substance that they want to abolish.

]]> 10.1504/IJNUCL.2011.040363 International Journal of Nuclear Law, Vol. 3, No. 3 (2011) pp. 193 - 197 Abu Mohammad Asgarkhani Faculty of Law and Political Science, University of Tehran, Enghelab Ave., P.O. Box 1466-6448, Tehran, Iran sanctions culture cultural syndrome international security UN Resolutions OFAC Iran nuclear security politics. 2011-05-24T23:20:50-05:00 3 3 193 197 2011-05-24T23:20:50-05:00 http://www.inderscience.com/link.php?id=40364 In recent decades, there has been a growing awareness that nuclear law needs to address the question of the effects of ionising radiation on the environment and on nature. This is the result of long debates among environmental ethicists on the intrinsic value of nature and non-human species, including the question of who or what has moral and legal standing. How are non-human species protected from hazardous effects of ionising radiations by nuclear law? After some environmental ethics considerations, the paper reviews the current radiological protection approach in the international and European legislations, before asking the current content of the concept of compensation for damage to the environment in the nuclear liability system. Environmental radiological protection and nuclear law: from the protection of humans to the protection of the environment per se?
Laurent Paul Kueny
International Journal of Nuclear Law, Vol. 3, No. 3 (2011) pp. 198 - 215
In recent decades, there has been a growing awareness that nuclear law needs to address the question of the effects of ionising radiation on the environment and on nature. This is the result of long debates among environmental ethicists on the intrinsic value of nature and non-human species, including the question of who or what has moral and legal standing. How are non-human species protected from hazardous effects of ionising radiations by nuclear law? After some environmental ethics considerations, the paper reviews the current radiological protection approach in the international and European legislations, before asking the current content of the concept of compensation for damage to the environment in the nuclear liability system.

]]> 10.1504/IJNUCL.2011.040364 International Journal of Nuclear Law, Vol. 3, No. 3 (2011) pp. 198 - 215 Laurent Paul Kueny Autorite de surete nucleaire, 6 place du Colonel Bourgoin, 75012 Paris, France nuclear law radiological protection environmental damage nuclear liability environmental protection non-human species anthropocentrism ecocentrism legal rights to nature low radiation ICRP 103 ionising radiation environmental ethics compensation. 2011-05-24T23:20:50-05:00 3 3 198 215 2011-05-24T23:20:50-05:00 http://www.inderscience.com/link.php?id=40365 Evaluating the effectiveness of nuclear export controls necessitates a serious analysis of the circumstances in which they function and the elements that give them force, such as the international non-proliferation legal context, legal aspects of the regimes' organisation and the national implementation of the guidelines agreed to by regime members. This paper analyses the relevant nuclear law related to nuclear export controls by evaluating sources of international nuclear law as well as the structure and activities of the two international nuclear export control regimes, the Nuclear Suppliers Group and the Zangger Committee. International nuclear law and nuclear export controls
Andrea Viski
International Journal of Nuclear Law, Vol. 3, No. 3 (2011) pp. 216 - 229
Evaluating the effectiveness of nuclear export controls necessitates a serious analysis of the circumstances in which they function and the elements that give them force, such as the international non-proliferation legal context, legal aspects of the regimes' organisation and the national implementation of the guidelines agreed to by regime members. This paper analyses the relevant nuclear law related to nuclear export controls by evaluating sources of international nuclear law as well as the structure and activities of the two international nuclear export control regimes, the Nuclear Suppliers Group and the Zangger Committee.

]]> 10.1504/IJNUCL.2011.040365 International Journal of Nuclear Law, Vol. 3, No. 3 (2011) pp. 216 - 229 Andrea Viski Department of Law, European University Institute, Villa Schifanoia, Via Boccaccio 121, I-50133 Firenze, Italy nuclear exports export controls NSG Nuclear Suppliers Group Zangger Committee nuclear law nuclear trade Nuclear Non-Proliferation Treaty nuclear renaissance domestic export control law. 2011-05-24T23:20:50-05:00 3 3 216 229 2011-05-24T23:20:50-05:00 http://www.inderscience.com/link.php?id=40366 Building up a unified insurance coverage system for nuclear industry companies requires the industry and enterprises to perform a number of extrinsic functions (insurance expertise, development of insurance programme of the company, drafting of insurance contracts, etc.). The functions of the organisation of insurance coverage are offered to be deputed to a specialised organisation (insurance broker), which in this case becomes a part of the insurance coverage system of industrial companies. Thus, the proposed insurance coverage structure includes the following: 'Industry' (responsibility centre) – 'Insurant' (company) – 'Specialised organisation' (insurance broker) – 'Insurer' (insurance company, pool of insurance companies). As an example, we have examined the organisation of civil liability for nuclear damage. Analysing this kind of insurance and its peculiarities, we have revealed how the insurance broker (JSC 'Atomic Insurance Broker') would naturally fit into the system of insurance protection offered for nuclear industry companies. Civil liability for nuclear damage and corporate system of complex insurance coverage for companies and organisations of nuclear industry
M.E. Amelina, S.V. Arsentyev, A.S. Molchanov
International Journal of Nuclear Law, Vol. 3, No. 3 (2011) pp. 230 - 233
Building up a unified insurance coverage system for nuclear industry companies requires the industry and enterprises to perform a number of extrinsic functions (insurance expertise, development of insurance programme of the company, drafting of insurance contracts, etc.). The functions of the organisation of insurance coverage are offered to be deputed to a specialised organisation (insurance broker), which in this case becomes a part of the insurance coverage system of industrial companies. Thus, the proposed insurance coverage structure includes the following: 'Industry' (responsibility centre) – 'Insurant' (company) – 'Specialised organisation' (insurance broker) – 'Insurer' (insurance company, pool of insurance companies). As an example, we have examined the organisation of civil liability for nuclear damage. Analysing this kind of insurance and its peculiarities, we have revealed how the insurance broker (JSC 'Atomic Insurance Broker') would naturally fit into the system of insurance protection offered for nuclear industry companies.

]]> 10.1504/IJNUCL.2011.040366 International Journal of Nuclear Law, Vol. 3, No. 3 (2011) pp. 230 - 233 M.E. Amelina S.V. Arsentyev A.S. Molchanov Atomic Insurance Broker JSC, Lva Tolstogo str., 5/1, Moscow 119992, Russia. ' Atomic Insurance Broker JSC, Lva Tolstogo str., 5/1, Moscow 119992, Russia. ' Atomic Insurance Broker JSC, Lva Tolstogo str., 5/1, Moscow 119992, Russia nuclear industry nuclear firms insurance coverage insurance brokers nuclear damage liability nuclear liability civil liability insurance protection. 2011-05-24T23:20:50-05:00 3 3 230 233 2011-05-24T23:20:50-05:00 http://www.inderscience.com/link.php?id=40367 This paper shows that the advent of nuclear risks at construction of nuclear energy facilities changes the structure of insurance of installation and construction risks. A new specialised insurance company, Nuclear Insurance Pool, appeared in the insurance system, together with two additional insurance agreements – an agreement for insurance of construction objects in case of damage or loss as a result of radiation exposure, and an agreement for insurance of civil liability for nuclear damage. The latter insurance agreement should be signed by the nuclear facility operator. Concluding such agreements is mandatory for compliance with the international obligations of the Russian Federation related to fulfilment of the conditions of the Vienna Convention of 1963 on Civil Liability for Nuclear Damage. Nuclear risks by insurance of installation and construction works
S.V. Arsentyev, M.A. Zagvozkin, A.S. Molchanov, Y.S. Firsova
International Journal of Nuclear Law, Vol. 3, No. 3 (2011) pp. 234 - 237
This paper shows that the advent of nuclear risks at construction of nuclear energy facilities changes the structure of insurance of installation and construction risks. A new specialised insurance company, Nuclear Insurance Pool, appeared in the insurance system, together with two additional insurance agreements – an agreement for insurance of construction objects in case of damage or loss as a result of radiation exposure, and an agreement for insurance of civil liability for nuclear damage. The latter insurance agreement should be signed by the nuclear facility operator. Concluding such agreements is mandatory for compliance with the international obligations of the Russian Federation related to fulfilment of the conditions of the Vienna Convention of 1963 on Civil Liability for Nuclear Damage.

]]> 10.1504/IJNUCL.2011.040367 International Journal of Nuclear Law, Vol. 3, No. 3 (2011) pp. 234 - 237 S.V. Arsentyev M.A. Zagvozkin A.S. Molchanov Y.S. Firsova Atomic Insurance Broker JSC, Lva Tolstogo str., 5/1, Moscow 119992, Russia. ' Atomic Insurance Broker JSC, Lva Tolstogo str., 5/1, Moscow 119992, Russia. ' Atomic Insurance Broker JSC, Lva Tolstogo str., 5/1, Moscow 119992, Russia. ' Atomic Insurance Broker JSC, Lva Tolstogo str., 5/1, Moscow 119992, Russia installation risks construction risks nuclear risks nuclear insurance pool nuclear installation operators civil liability Vienna Convention nuclear liability nuclear power plants NPP nuclear energy radiation exposure civil liability nuclear damage insurance protection. 2011-05-24T23:20:50-05:00 3 3 234 237 2011-05-24T23:20:50-05:00