The nuclear renaissance The growing concerns over environmental issues and global energy consumption has created an increasing interest in nuclear power generation, as providing a sustainable source of energy is a universal goal for all nations. In the European Union several Member States have focused new attention on the nuclear option, recognising in it a viable opportunity to meet the energy needs without emitting carbon dioxide and other atmospheric pollutants. As a matter of fact one of the strongest arguments in favour of nuclear energy is just the lack of atmospheric emissions from nuclear power plants. Along with traditional supporters of nuclear power notably France and Finland, the British Government has newly supported an expansion of its ageing nuclear fleet, while political parties in other member States are reconsidering their long held views towards nuclear power. In this direction Italy has expressed its support for a resurgence of nuclear energy in its electricity mix. In view of the climate change the sustainability[1]has to be held as pre-eminence in the national energy policies. The ongoing EU energy policy debate highlights the need to provide a factual analysis of the role of nuclear energy in meeting the green issues ensuring that nuclear safety and security are paramount in the decision-making process. Continued use of nuclear energy in the EU is almost certainly going to be necessary to attain the policy goals in the areas concerned. To address these challenges the Commission proposed to draw up a Strategic Energy Technology Plan framing the research, development and accelerated deployment of a broad range of energy technologies, from renewables, through clean coal, to nuclear fusion and fission. In the 2007 nuclear energy has gained a place in the EU's low-carbon energy mix following the launch of a new forum for nuclear energy research by the European Commission and the French Atomic Energy Commission (CEA): the Sustainable Nuclear Energy Technology Platform brings together researchers and industry to define a Strategic Research Agenda and Deployment Strategy[2]. Also Janez Potocnik, EU Science and Research Commissioner, during the launch of the Platform stated that nuclear power could be considered a very important part for the solution of the security of supply and the reduction of greenhouse gases[3]. He added that it is clear that we need to address two important concerns, ensuring that nuclear power is economically competitive and, more importantly, our duty to make it as neutral as possible in environmental terms and in terms of the legacy we leave future generations. In its recent energy package[4], the European Commission have clearly recognised the role played by nuclear energy in limiting greenhouse-gas emissions and in contributing to Europe’s security of energy supply. At EU level, this requires those Member States that choose nuclear power to maintain very high standards of safety, waste management, security and non-proliferation, both now and in the future. The concern on climate change has been seen as a lever to revitalize interest in nuclear power[5], and has led to reconsider the nuclear energy[6]. The debate on its sustainability has not gone unnoticed by those who recognize the potential advantages of nuclear power. The benefit that nuclear energy brings in terms of reducing carbon dioxide emissions is not prohibited by the Kyoto Protocol[7]. The Kyoto Protocol, however, effectively excludes nuclear energy[8] as an option for implementation under two of the three “flexibility mechanisms”[9] that can be used, in addition to domestic action, by Annex I Parties[10] to the UNFCCC to meet their commitments[11]. It should be noted that Annex I countries abovementioned, while not entitled to benefit from GHG reductions associated with building nuclear units in non-Annex I countries, can use nuclear power in their domestic supply for meeting their Kyoto targets. The debate[12] over whether nuclear energy should be permitted in, or excluded from, the flexibility mechanisms appears to be driven by different concepts of sustainable development[13], and what types of energy systems fit within these concepts[14]. However, including the nuclear energy option in the basket of tools aiming at addressing climate change issues is consistent with the precautionary principle[15] and sustainable development objectives. A reliable nuclear renaissance involves technological, economical, societal and political important issues[16]. Consequently, several initiatives have been taken to promote international cooperation in research and trade. In OECD[17] countries, nuclear power plants have already played a major role in lowering the amount of greenhouse gases produced by the electricity sector over the past 40 years. Without nuclear power, OECD power plant emissions of carbon dioxide would be about one-third higher than they are at present[18]. Environmental problems transcend national boundaries has resulted in the development of an important new field of public international law. There is a broad consensus among leading climate scientists that emissions from the activities of humans are accelerating the natural greenhouse effect, and that this is already having a noticeable effect on the climate. The issues in the debate about nuclear power in the context of climate change are discussed in a report by the International Energy Agency[19], in which it was noted that Member countries of the IEA acknowledge the potential contribution of nuclear power to a sustainable energy mix. The Member countries of the IEA seek to create conditions in which the energy sectors of their economies can make the fullest possible contribution to sustainable economic development and to the well-being of their people and of the environment[20]. In formulating energy policies, the establishment of free and open markets is a fundamental point of departure, though energy security and environmental protection need to be given particular emphasis by governments. IEA countries recognise the significance of increasing global interdependence in energy and they therefore seek to promote the effective operation of international energy markets and encourage dialogue with all participants. Member countries, in order to secure their objectives, aim to create a policy framework consistent with the following goals: - diversity, efficiency and flexibility within the energy sector are basic conditions for longer-term energy security: the fuels used within and across sectors and the sources of those fuels should be as diverse as practicable. Non-fossil fuels, particularly nuclear and hydro power, make a substantial contribution to the energy supply diversity of IEA countries as a group. The Shared Goals make reference to nuclear power both in its contribution to energy supply diversity and to the environmentally sustainable provision and use of energy. The Shared Goals state that “a number of IEA members wish to retain and improve the nuclear option for the future, at the highest available safety standards, because nuclear energy does not emit carbon dioxide”. However, the report highlights that nuclear energy faces a number of challenges in meeting its potential to contribute to a sustainable energy supply. One such challenge is to ensure that the fission products and long-lived radioactive wastes can be handled safely and without danger to the environment. Although acknowledging that the technical evidence seems to suggest that this challenge can be met, the report notes that achieving this in practice involves political uncertainty. In regard to it, at the International Ministerial Conference on Nuclear Energy in the 21st Century[21], OECD Secretary-General Angel Gurría[22] highlighted that clean and affordable energy, including access to safe and secure nuclear power, should be a central element of our efforts, not only for a sustainable economy, but also for the future of our planet. Nuclear energy has the potential to meet a significant part of future demand while reducing tensions on hydrocarbon markets and alleviating the risk of global climate change. Also the recent report on Energy Technology Perspectives to 2050 by IEA shows that a wide range of emerging technologies can contribute to a low-carbon economy provided the large investments needed to make them competitive start now. For its part, a recently published study by the Nuclear Energy Agency, Nuclear Energy Outlook 2008, emphasised the role that nuclear power can play in delivering cost-competitive and stable supplies of energy, while also contributing to reduce greenhouse gas emissions. The NEA’s Outlook projects that existing nuclear power technologies could provide almost four times the current supply of nuclear generated electricity by 2050. To accomplish that, however, the NEA underlines the crucial need to secure the support of society to expand nuclear capacity. Moreover, countries with an established nuclear industry can, through formal international collaboration under IAEA auspices, assist developing countries to gain access to advanced technologies, helping them to battle poverty without emissions of greenhouse gases. Governments have a clear responsibility to maintain continued effective safety regulation, advance efforts to develop radioactive waste disposal solutions and uphold and reinforce the international non-proliferation regime. The nuclear industry in the countries has undertaken great efforts to ensure that the environmental risks from nuclear energy are kept within socially acceptable levels established by independent regulatory agencies. Independent of the energy policy choices made by Member States, consistent action in the field of nuclear safety, decommissioning and waste management is necessary. While each Member State and energy utility chooses its own energy mix, individual national decisions relating to nuclear energy can have an impact on other States in terms of trade flows of electricity, the EU's overall dependence on imported fossil fuels and CO2 emissions but also on competitiveness and the environment. The future of nuclear energy and looking at nuclear energy from a sustainable development perspective in the EU depends primarily on its economic merits, its capacity to deliver cost-efficient and reliable electricity to help meet the Lisbon[23] goals. Nuclear energy generation has a role to play in the response to the main priorities identified in the Green Paper on Energy Policy 2006[24]: security of supply, competitiveness and sustainability[25]. At the same time, as above mentioned, nuclear safety, decommissioning nuclear reactors at the end of their active life, management, transport and final disposal of radioactive waste together with non-proliferation are important issues that must continue to be actively addressed. Seeing that nuclear energy is one of the elements in the debate on tackling climate change and energy autonomy, the Community can find a solution to the problem of nuclear waste, reinforcing nuclear safety and developing research into reactors of the future, in particular fusion technology. The EU institutions should play a constructive role and should therefore not enact legislation which would impede the choice of existing or future Member States to opt for nuclear, as such obstacles would be contrary to the desired security of supply of the Union. Nuclear energy presently plays and can continue to play a vital role in the sustainable production of electricity[26]. The regulation framework International law, energy law and environmental law work together in various directions in the regulation of the energy sector[27]. International law[28] secures the right of the State over its national resources and to explore and exploit its assets on the continental shelf[29], while international environmental agreements have an effect on the type of energy policy adopted by States, either collectively or individually[30]. Energy and environmental law are very closely linked and any developments in energy policy raise significant environmental considerations, even taking into account that the finality is the same and that they share many of the equivalent legal tools. The correlation between nuclear safety and environmental legislations are not always clarified, generating potential overlapping and conflicts. The energy concerns have been a permanent feature since the beginnings of European construction. Two of the three treaties establishing the European Communities are about energy: the European Coal and Steel Community (ECSC) Treaty until 2002, when the ECSC expired and the Euratom Treaty of 1957. These two treaties were adopted primarily to ensure regular and equitable supplies of coal and nuclear energy in the Community. This body of law is considered to accurately reflect the international community’s determination to protect workers, the public and the environment from any dangers of ionising radiation and also to provide equitable compensation in the event of an accident. The legal basis is clearly to be found in the Euratom Treaty (1957)[31], that provides a general framework containing the legal basis for the Community responsibilities for nuclear safety. The Euratom Treaty constitutes a relevant legal framework under which the Commission and the Euratom Supply Agency ensure a more structured situation with respect to nuclear fuel supply security than is the case with other energy sources. It recognized the need to promote the development of nuclear energy in order to improve security of energy supply. According to the Treaty, its specific tasks are to promote research and ensure the dissemination of technical information, to establish uniform safety standards to protect the health of workers and of the general public and ensure that they are applied, to facilitate investment and ensure the establishment of the basic installations necessary for the development of nuclear energy in the EU, to foster progress in the peaceful uses of nuclear energy by working with other countries and international organisations, and, at last, to ensure that all users in the EU receive a regular and equitable supply of ores and nuclear fuels. The aim of this Treaty is to provide the European Community with an alternative source of energy supply for the growing dependence on oil from the Middle East. The Treaty was meant to enable Europe to develop its know-how and obtain the means of exploiting nuclear energy for civilian purposes[32]. Also the Lisbon Treaty confirms and strengthens the legal framework for the EU energy policy, enlarging the EU’s specific competences in matters pertaining to the functioning of the internal energy market, to security of energy supply, energy efficiency, the development of renewable energy and the interconnection of energy networks. Nuclear safety: the right to security. In relation to nuclear energy, safety and security[33] are key topic and must be ensured. Safety measures take account of actions to prevent incidents and arrangements put in place to mitigate their consequences if they were to occur. From the outset the importance of nuclear safety was recognised by the European Community, as stated in the Euratom Treaty[34], and accordingly by the Council[35]. The accident at the Chernobyl nuclear power plant on 26 April 1986, heightened awareness of the need to improve the international legal regime governing the safe and peaceful uses of nuclear energy. Within six months of the accident, a Convention on Early Notification of a Nuclear Accident and a Convention on Assistance in the Event of a Nuclear Accident or Radiological Emergency were negotiated and adopted under the auspices of the IAEA. In 1994 the Convention on Nuclear Safety was adopted[36], with the intent to achieve and maintain a high-level of nuclear safety worldwide, as in 1997 was adopted the Convention on the Safety of Spent Fuel and Radioactive Waste Management, ensuring that during all stages of these processes there are effective defences against potential hazards so that individual, society and the environment are protected from harmful effects of ionising radiation. In addition, the existing international regimes governing the liability and compensation for nuclear damage were significantly reinforced and a new global regime was created[37]. It’s clear that the environmental impact is fundamental in this field and therefore Member States are required to establish facilities to monitor radioactivity levels released into the environment and ensure that they comply with the basic safety standards. Regarding to it Member States must to provide the Commission with general information relating to any plans for disposal of radioactive waste so that it can evaluate whether such plans would affect the environment of another EU country. In this area it’s essential that activities involving radiation exposure, such as the production and the use of radiation sources and radioactive material, the operation of nuclear facilities and radioactive waste management, be covered by measures to protect individuals exposed to radiation. In order to ensure that operators of nuclear facilities and users of nuclear material and ionizing radiation operate and use them safely and securely is necessary to create a regulatory body that it should possess the attributes necessary for correctly applying the national laws and regulations designed to protect public health, safety and the environment. With reference to radiation protection there are international organisations as the United Nations Scientific Committee on the Effects of Atomic Radiation (UNSCEAR) that assesses and disseminates information on the health effects of radiation, the International Commission on Radiological Protection (ICRP), that has developed recommendations in the area of radiation protection[38], and the IAEA that published the Basic Safety Standards, that represent a broad international consensus on the appropriate handling of radioactive sources[39]. The safety standards[40] concern the security of facilities and activities to the extent that they require “security for safety” measures that contribute to both safety and security, such as: (a) Appropriate provisions in the design and construction of nuclear installations and other facilities; (b) Controls on access to nuclear installations and other facilities to prevent the loss of, and the unauthorized removal, possession, transfer and use of, radioactive material; (c) Arrangements for mitigating the consequences of accidents and failures, which also facilitate measures for dealing with breaches in security that give rise to radiation risks; (d) Measures for the security of the management of radioactive sources and radioactive material. All IAEA safety related statutory functions and activities are linked together through an Integrated Safety Approach, for an efficient and effective delivery of the programme. Nuclear liability Nuclear activities may create risks for individuals, property and environment and it’s necessary a special nuclear liability legislation. Briefly the liability framework is governed by the following international nuclear liability conventions, open to all States: 1963 Vienna Convention on Civil Liability for Nuclear Damage (1997 Protocol amended the Vienna Convention) 1997 Convention on Supplementary Compensation for Nuclear Damage 1988 Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention Other international nuclear liability conventions concluded at the regional level, open to OECD States and to other States if all Parties give their consent: 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy 1963 Brussels Convention Supplementary to the Paris Convention The Vienna Convention and the Paris Convention establish comprehensive and almost identical regimes for civil liability for nuclear damage. The purpose of the Brussels Supplementary Convention is to provide for additional compensation out of national and international public funds in cases in which the compensation under the Paris Convention is not sufficient to cover all damage. Furthermore, the Community has acceded to the Convention on Nuclear Safety[41] and to the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management[42]. A revised declaration of competences for the Nuclear Safety Convention was deposited with the IAEA in May 2004[43]. The Conventions aim at enhancing national measures and international cooperation related to safety. The question of waste disposal. The most important issue calling into question of the sustainability of nuclear power is the disposal of high-level radioactive wastes. The material from decommissioned plants raises a similar concern. In the early years of nuclear law, the safe management of radioactive waste and spent fuel had received little attention in the form of a binding international instruments. The adoption of the aforementioned Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management was an important step towards a comprehensive international safety regime, and it’s a binding commitment by States to achieve and maintain a high level of safety worldwide. In addition the international community have taken an approach to the normative control of nuclear risk through the adoption of legally non binding norms governing the safe and peaceful uses of nuclear energy. The safe management of radioactive waste is till a point of scepticism in public acceptance of nuclear energy. In this respect, the significance of the Joint Convention as the only binding instrument in the field and thus as an important mechanism to improve the worldwide confidence cannot be underestimated. The question is if nuclear waste of all kinds can be stored or isolated safely until its radioactivity is no longer harmful to humans or the environment. The nuclear technical community thinks the answer is “yes”[44]. Actually the disposal of radioactive waste has been based on the principle of protecting human health and the environment, and it’s clear that a primary goal must be to minimise the chance that the waste would come into contact with humans in the future. There is broad consensus on the merits of geological disposal of long-lived radioactive wastes in deep and stable geological formations in order to do just that. With particular reference to the general situation in the field of radioactive waste management, the environmental and ethical issues must be taken into account, and a geologic disposal strategy can be designed and implemented in a manner that is sensitive and responsive to these considerations[45]. This view was developed specifically in reference to the concept of sustainability, and therefore it is justified, both environmentally and ethically, to continue development of geological repositories for those long-lived radioactive wastes which should be isolated from the biosphere for more than a few hundred years; and that stepwise implementation of plans for geological disposal leaves open the possibility of adaptation, in the light of scientific progress and social acceptability, over several decades, and does not exclude the possibility that other options could be developed at a later stage. Affirming the acceptability of the approach involves a complex argumentation, as identifying suitable disposal sites, developing the appropriate engineered infrastructure, and assessing the systems’ potential ability to minimise potential long-term radiological impacts on humans and the environment involves a great many technical evaluations and a certain number of hypotheses regarding the future. The specialist view is indeed far from the general societal view, that shows a very strong public reaction against many projects to develop waste disposal sites. It should be noted that the volumes of wastes produced by nuclear power plants are small compared to those produced by fossil fuelled electricity plants. The volume of nuclear wastes, however, is not the essential determinant of their environmental acceptability. The small volume of nuclear wastes is technically helpful but is only one among other relevant factors in the environmental acceptability of their disposition. Apart from the scientific or technical aspects of high-level waste disposal are the particularly difficult questions of institutional adequacy and future human behaviour. About short-lived wastes it poses less of a technical and institutional problem because, by definition, their radioactivity declines within a relatively short period. It is therefore easier, and less costly compared to long-lived wastes, to take measures ensuring that wastes will remain isolated for the prescribed period. No permanent problem is left for later generations to deal with. The production of low-level wastes should not, therefore, be a problem of environmental sustainability. It appears that there are no inherent technical impediments to the environmentally safe use of nuclear power. Higher levels of environmental safety have been pursued relentlessly in the nuclear industry, both in operation and in waste disposal. This has been an undeniable factor in the increase in costs of generating electricity from nuclear power. The conclusions of this reflection is that the research on waste management technologies and their implementation in the best possible safety conditions must be actively pursued. Conclusion Environmental protection in the field of nuclear energy is rightly the major concern, but a long experience shows that, when proper measures are taken, it can be use under conditions fully respectful of the environment. Accordingly governments are more and more led and determined to take measures to restrict the emission of greenhouse gases, and the use of nuclear energy can contribute a great deal to reach the goal. The nuclear energy sector has gone a long way in this direction and its present costs reflect a fairly complete integration of environmental and social burdens associated with nuclear electricity generation. Therefore, the internalisation of external costs for all technologies and energy sources would likely enhance the competitiveness of nuclear energy. It could convince investors and the public that nuclear energy is a good investment for the future in the broadest economic, environmental and social terms. The goals of sustainable development are explicitly incorporated into the nuclear regulatory regimes of all countries, it would be safe to say that such goals will have been taken into account to a significant degree. As told before, nuclear energy development can become a key part of sustainable energy mixes provided governments, industry and civil society work together to lay out a robust policymaking framework for all options to be assessed and developed according to their respective cost and benefits for society. Countries have to improve its capability in developing nuclear energy and protecting the environment, and they have to cooperate to make contribution to promoting the environmental protection and sustainable economic development of the world. To achieve this aim, interconnections should be developed, effective legislative and regulatory frameworks must be in place and be fully applied in practice, and Community competition rules need to be rigorously enforced. Furthermore, the consolidation of the energy sector should be market driven if Europe is to respond successfully to the many challenges it faces and to invest properly for the future[46]. Development of nuclear energy will need to be governed in line with the rest of EU energy policy in accordance with the principle of subsidiarity, should be based on the technology's own competitiveness and should be one component of the energy mix. However any new energy policy initiatives must be consistent with the State’s ability to achieve its environmental commitments. The Community must enhance its cooperation with international bodies, such as the IAEA and the NEA, and remain consistent with all international obligations, including on non-proliferation of nuclear materials and technology, protection of the health and safety of workers and of the general public, nuclear safety and the environment.

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[1] For a wide view on sustainable development see D. Coley, Energy and climate change, Wiley, UK, 2008; W. Silveira, International legal instruments and sustainable development: Principles, Requirements and Reconstructuring, in Willamette Law Review, 1995, vol. 3, n.2, pp. 239-251; Dowdeswell, Sustainable development: The Contribution of International law, in Sustainable Development and International Law, Kluwer Academic Publishers Group, 1995; D. French, International law in the field of sustainable development: the elaboration of legal principles, in Environmental law and Management, 2004, vol. 16, n. 6, pp. 296-300. [2] Priority areas of research of common interest in these areas are clearly identified in the Seventh Euratom Framework Programme (2007-2013), adopted unanimously by the Member States. [3] Speech during the Launch Conference of the European Technology Platform on Sustainable Nuclear Energy (SNE-TP) Brussels, Belgium 21 September 2007. [4] Energy and Climate Change "Package" of 10th January 2007. [5] For an overview on nuclear renaissance see W.J. Nuttal, Nuclear renaissance, Cambridge University, UK, 2005; P.D. Cameron, The revival of nuclear power: an analysis of the legal implications, in Journal of Environmental Law, vol. 19, n. 1, 2007, pp. 71-87. [6] See D. Elliott, Sustainable Energy, Palgrave MacMillan, 2007. [7] The Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCC)1 adopted in 1997 and entered into force on 16 February 2005.[8] In the Kyoto Protocol nuclear energy is not specifically mentioned, even if it’s essentially carbon free. Thus, the Nuclear Energy Agency (NEA) has investigated the role that nuclear power could play in alleviating the risk of global climate change.[9] Under the Treaty, countries must meet their targets primarily through national measures. However, the Kyoto Protocol offers them an additional means of meeting their targets by way of three market-based mechanisms. The three mechanisms are: projects implemented jointly (Article 6), the clean development mechanism (CDM, Article 12), and trading of emission reduction units (Article 17). Restrictions on nuclear energy do not apply to emission trading. [10] Annex I Parties are industrialised countries that have committed to take the lead in reducing greenhouse gas emissions, in the light of their responsibility for past emissions. These parties aimed, according to the terms of the UNFCCC, to return their emissions to their 1990 levels by 2000. Annex I Parties are: Australia Austria Belarus Belgium Bulgaria Canada Czechoslovakia Denmark European Union Estonia Finland France Germany Greece Hungary Iceland Ireland Italy Japan Latvia Lithuania Luxembourg Netherlands New Zealand Norway Poland Portugal Romania Russian Federation Spain Sweden Switzerland Turkey Ukraine UK USA.[11] The three mechanisms are: projects implemented jointly (Article 6), the clean development mechanism (CDM, Article 12), and trading of emission reduction units (Article 17). Restrictions on nuclear energy do not apply to emission trading. [12] See Myers, Desaix, The nuclear power debate, Praeger, NY, 1977. [13] The principle was taken from the Report of the World Commission on Environment and Development, Our Common Future, published in 1987, and generally known as the Bruntland Report. The Report recognised that it was neither possible nor desirable to argue that economic growth should cease as this would create unacceptable problems for the developing nations of the world. The Report argued that sustainable development means global economic development which met current needs while allowing future generations to achieve their needs; in other words, that which is done now should not prevent future generations from pursuing their legitimate options to enjoy the same standard of living currently derived from the use of natural resources. One thing that is clear is that the principle of sustainable development still represents a commitment to growth.[14] About the debate mentioned, there are some different views: in some views, there are no inherent features of nuclear energy that definitively would prevent it from being a component in sustainable energy strategies, and therefore the flexibility to continue and enlarge its contribution in the medium and long term should be maintained. Opposing views maintain that some specific features of nuclear energy – in particular issues related to safety, radioactive waste disposal, and proliferation of nuclear weapons – make its use unsustainable. [15] The precautionary principle has a relatively short history and has only recently appeared in binding international treaty law, as opposed to declarations and other international instruments of a non binding nature. Its potential impact on the development of environmental law and its relevance to energy law is substantial. In its most progressive form the precautionary principle may be used to reverse the traditional burden of proof. Traditionally any activity has to be proven to cause pollution before an action may be taken to prevent, reduce or control such pollution. The precautionary principle acts to reverse the burden of proof and requires any proposed activity to ensure that it would not cause pollution before it is allowed to commence. Legal formulations of the principle have tended to include a cost benefit element, for instance Principle 15 of the Rio Declaration (1992), that states that “in order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threat of serious or irreversible damage, lack of full scientific certainly shall not be used a reason for postponing cost-effective measures to prevent environmental degradation”. [16] See Monti and Simbolotti, Nuclear Power, in www.enea.it.. [17] OECD is the organisation for economic cooperation and development. About the history of OECD see www.oecd.org. [18] Cfr. NEA, Kyoto Protocoll and nuclear energy 2002. [19] IEA (International Energy Agency), Nuclear Power: Sustainability, Climate Change and Competition, Paris, France, 1998. [20] The "Shared Goals" were adopted by IEA Ministers at their 4 June 1993 meeting in Paris. [21] The International Ministerial Conference on Nuclear Energy in the 21st Century, organised by the International Atomic Energy Agency (IAEA) and co-sponsored by the OECD Nuclear Energy Agency (NEA), is being hosted by the Government of the People’s Republic of China in Beijing on 20-22 April 2009.[22] Even during the World Energy Council 2008, A. Gurría spoke on the climate change and how to tackle ambitious greenhouse gas emission reductions. According to him, to achieve a low-carbon economy, the development and deployment of new technologies is essential, for two reasons. First, to bring down the cost of available or emerging emission-reducing technologies. And second, to expand the pool of available technologies and their mitigation potential. Together, they will help to lower future marginal abatement costs.[23] During the meeting of the European Council in Lisbon (March 2000), the Heads of State or Government launched a "Lisbon Strategy" aimed at making the European Union (EU) the most competitive economy in the world and achieving full employment by 2010. This strategy, developed at subsequent meetings of the European Council, rests on three pillars:§An economic pillar preparing the ground for the transition to a competitive, dynamic, knowledge-based economy. Emphasis is placed on the need to adapt constantly to changes in the information society and to boost research and development. §A social pillar designed to modernise the European social model by investing in human resources and combating social exclusion. The Member States are expected to invest in education and training, and to conduct an active policy for employment, making it easier to move to a knowledge economy. An environmental pillar, which was added at the Göteborg European Council meeting in June 2001, draws attention to the fact that economic growth must be decoupled from the use of natural resources. A list of targets has been drawn up with a view to attaining the goals set in 2000. Given that the policies in question fall almost exclusively within the sphere of competence of the Member States, an open method of coordination (OMC) entailing the development of national action plans has been introduced. Besides the broad economic policy guidelines, the Lisbon Strategy provides for the adaptation and strengthening of existing coordination mechanisms: the Luxembourg process for employment, the Cardiff process for the functioning of markets (goods, services and capital) and the Cologne process on macroeconomic dialogue. [24] Green Paper - A European strategy for sustainable, competitive and secure energy {SEC(2006) 317}. [25] Since the 2000, EU on its Green Paper - Towards a European strategy for the security of energy supply. COM/2000/0769 final, emphasised the need for a common strategy and the extension of the scope of Community powers in relation to energy, to give the European Union more control over its destiny in this area. It sketched out a long-term energy strategy, and also undertook an analysis of the medium-term contribution of nuclear energy. It is expected that, in the absence of any action, the contribution of nuclear energy declined in the future.[26] This is the opinion of the Advisory Committee of the Euratom Supply Agency on the Commission Green Paper “Towards a European strategy for the security of energy supply” COM(2000) 769. [27] See P. Reyners, Le droit nucléaire confronté au droit de l'environnement - Autonomie ou complémentarité? OECD-NEA. [28] For the international dimension of the environment issues see P. D. Park, Energy Law and the Environment, Taylor and Francis, 2002. [29] Geneva Convention 1958 art.1. [30] See Philipp Sands, Greening International law, Earthscan, 1993. [31] As modified in 1992 by Title IV (Provisions amending the Treaty establishing the European Atomic Energy Community ) of the Treaty on European Union. The subsequent revision of this Treaty by the Treaty of Nice has left the provisions of Title IV unchanged.[32] The JET (Joint European Taurus), a European company in the sense of the Euratom Treaty, has been an essential element in the scientific and technical advances in European fusion. Its results have helped the Union to look forward, with its international partners (USA, Japan, Russia), to the possibility of a research project such as the ITER (International Thermonuclear Experimental Reactor).In May 2006 Euratom became a full member of the Generation IV Forum (GIF), studying potential future reactor designs that will make nuclear energy generation safer and more economic, improve security, reduce non-proliferation concerns and limit waste generation. [33] For the meaning see IAEA Safety Glossary, IAEA 2007 Edition. [34] Articles from 30 to 39 of the Treaty provide a legal basis for Community initiatives on nuclear safety. [35] Council Resolution of 22 July 1975 on the technological problems of nuclear safety aiming at progressive harmonisation of safety requirements and criteria in order to provide an equivalent and satisfactory degree of protection of the population against radiation risks with no lowering of the safety level already attained. [36] Convention on Nuclear Safety adopted on 17 June 1994. [37] For a comprehensive review of the diverse instruments introduced in international law post Chernobyl, see International nuclear law in the Post Chernobyl Period, a joint report by the OECD Nuclear Energy Agency and the International Atomic Energy Agency, 2006. [38] It’s relevant that these recommendations, in some parts, are mandatory. [39] These standards have been generally adopted and are incorporated into the radiation protection laws and regulations of many States. [40] See IAEA Safety Glossary mentioned. [41] Commission Decision 1999/819/Euratom of 16 November 1999 (OJ L 318, 11.12.1999, p. 20). [42] 2005/510/Euratom: Commission Decision of 14 June 2005 (OJ L 185, 16.7.2005, p. 33). [43] In December 2002 the Court of Justice of the European Communities annulled the third paragraph of the Declaration attached to the Council Decision of 7 December 1998 approving the accession of Euratom to the Nuclear Safety Convention, on the grounds that it failed to state that the Community was competent in the fields covered by Articles 7, 14, 16(1) and (3) and 17 to 19 of the Convention. [44] See IEA Nuclear Power 1997. [45] This is the “collective opinion” of the Radioactive Waste Management Committee OECD, NEA 1995. [46] Green Paper “A European strategy for sustainable, competitive and secure energy” {SEC(2006) 317}.

(pubblicato il 10.7.2009)