Nuclear Energy and Liability in South Asia

1. Front Matter

   Pages i-xix

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2. Introduction

   • M. P. Ram Mohan

   Pages 1-17

3. The Development of Institutions and Liability Laws Relating to Nuclear Energy

   • M. P. Ram Mohan

   Pages 19-52

4. The Indian Civil Liability for Nuclear Damage Act, 2010: An Analysis

   • M. P. Ram Mohan

   Pages 53-69

5. A Nuclear Liability Framework for South Asia

   • M. P. Ram Mohan

   Pages 71-95

6. South Asian Nuclear Risk Zone: A Mapping Exercise

   • M. P. Ram Mohan

   Pages 97-119

7. Establishing a South Asian Nuclear Risk Community: An Empirical Analysis

   • M. P. Ram Mohan

   Pages 121-133

8. Conclusion and Suggestions

   • M. P. Ram Mohan

   Pages 135-139

9. Back Matter

   Pages 141-142

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This book advocates pursuing a regional approach to nuclear risk framework, which it argues is more promising in the current scenario than the non-achievable global regime. In the development of international legislation on liability, the nuclear energy sector represents an alternative approach to a transboundary liability regime. Building on this foundation and following the Chernobyl accident, international consensus was sought for a stronger transboundary legal regime in the event of a nuclear disaster. However, after sixty years of the existence of international nuclear liability laws and twenty-five years after Chernobyl, the primary objectives of the Conventions – harmonization and a global regime – remain unfulfilled. Further, many countries are now creating or expanding nuclear programs without adequate transboundary legal protection. In light of these issues, a regional approach is an option that cannot be ignored. Given its rapidly expanding nuclear energy footprint, South Asia is in a unique position to adopt a regional mechanism. The methodology adopted for the study in the book combines a literature review of international law on nuclear liability with an analysis of South Asian nuclear energy programs and their international and national legal obligations. A technical risk assessment study conducted to identify the level of transboundary nuclear risk within South Asia is also presented. This is followed by interviews with experts and policymakers to gauge the willingness of the South Asian Association for Regional Cooperation (SAARC) community to respond to this shared regional concern.

• Bangladesh Nuclear Energy Program
• Nuclear Energy and India
• Nuclear Liability Law
• Pakistan Nuclear Energy Program
• Risk Assessment of Nuclear Power Plants in South Asia
• Transboundary Nuclear Liability Law

“This short book is a valuable addition to the literature on trans-boundary civil nuclear liability and compensation. … It also offers a new legal perspective in addressing the said lacuna, which will prove valuable to policy makers and the legislature in the eight member countries of the SAARC. The book will, also, be of interest to academics and others active in the fields of nuclear law, public international law, international environmental law, and international energy law.” (Dr. Bahram Ghiassee, IELR International Energy Law Review, Vol. 33 (8), 2015)

• TERI University, New Delhi, India

  M. P. Ram Mohan

Dr. M P Ram Mohan is a Fellow at the Resources, Regulation and Global Security Division, The Energy and Resources Institute (TERI) and an Adjunct Faculty at TERI University. Dr Mohan is the Chairman of the Nuclear Law Association, India and is a Board Member of International Nuclear Law Association having 1000+ members worldwide. He is a nominated member of the “Nuclear energy for peaceful applications committee”, Bureau of Indian Standards, Government of India that formulates Indian standards for nuclear energy. Ram Mohan's areas of work include infrastructure and regulatory law, nuclear technology Law, energy and environmental law. IUCN has recognised him as the India Focal point of IUCN World Commission on Environmental Law and he is a member of its Energy Law and Climate Change Specialist Group. Prior to TERI, he worked at the National University of Juridical Sciences (NUJS) as Faculty and Coordinator, School of Technology, Law and Development. He started his career as an advocate practising at the Trivandrum District Court, Kerala. He is a yearly contributor to Yearbook of International Environmental Law published by OUP and is on the editorial board of International Journal of Nuclear Law (IJNucL) and Atoms for Peace: An International Journal (AFP). He is also the India communicator to OECD- Nuclear Law Bulletin.

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