Handbook on Nuclear Law. Carlton Stoiber, Alec Baer, Norbert Pelzer, Wolfram Tornhauser (with a foreword by Mohamed ElBaradei) International Atomic Energy Agency 2003, 168 pp, 80 Euro. ISBN 92-0-1057032.
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Moving into the field of nuclear law has always been somewhat difficult for the
very simple reason that there has not been a proper and comprehensive introductory
handbook available. There are excellent publications such as, for example, the
reproduction of the papers presented at the 1999 international symposium on the
reform of civil nuclear liability in Budapest, published by the OECD’s Nuclear
Energy Agency. However, to fully profit from these publications they all require
some basic knowledge of this highly specialised field of law.
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This excellent handbook, which is the result of co-operation between the authors
(academics and practitioners) and the International Atomic Energy Agency (IAEA),
does not only achieve what it sets out do, i.e. to facilitate a self-assessment
for states receiving assistance from IAEA in developing a nuclear legal
infrastructure, but it also fills the gap by providing us with a basic introduction
to nuclear law. The authors have, indeed, written the first real handbook on
civil nuclear law.
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At first glance the book appears to be a bit too basic considering its primary
target group, i.e. legislators in states with a less developed nuclear legislative
framework. However, having read it, I find it to be the most all-embracing handbook
available to all practitioners in the field of nuclear law. The book is certainly
a recommended read not only for legislators but also for others wanting to push
for a solid nuclear legal framework in their own countries, as well as internationally.
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The book is divided into five parts and has fourteen chapters in total. The first
part ”Elements of Nuclear Law” elaborates on; the legislative process, the regulatory
body, licensing, inspection and enforcement. The basics as well as the specific
characteristics of Nuclear Law are explained. Furthermore, it provides the necessary
background, which enables the reader to understand and use the rest of the book.
The following four parts, chapters four to fourteen, are instructive and comprehensive
checklists or, if you like, manuals for nuclear legislators. Areas such as; radiation
protection, nuclear and radiation safety, liability and coverage and finally
non-proliferation and physical protection are elaborated on. A noteworthy highlight
is the excellent chapters on the legally very problematic areas of transport of
radioactive material and liability and coverage.
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The less positive aspects of this handbook, and there are not many, are that it once
in a while becomes rather too basic and some comments are slightly superfluous. For
example it might not be necessary to state that if a state has concluded an agreement
with the IAEA its domestic legislation needs to be enhanced to enable the state to
comply with the obligations of that particular agreement.
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Apart from these minor issues, the true strength of this handbook is that it provides
the nuclear community with a very good introduction to the field of Nuclear Law. I
would expect this book to find its way onto the bookshelves of anyone involved in the
nuclear domain, be it in a state with a less developed nuclear legislative framework
or a more developed one. I also hope that the IAEA and the authors would consider
writing part two of the handbook for advanced peers. The nuclear community would
certainly welcome it.
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| Anders Nyström is a Deputy Director with the International Law Department of the Ministry for Foreign Affairs of Sweden. |
| The Review was first published in "Oil, Gas & Energy Law Intelligence", Volume 1, Issue 5, December 2003. |
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