Sustainable Development in Global Nuclear Safety Governance with Legal Frameworks for Environmental Protection and Liability

Abstract

The Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (1986) introduced crucial environmental legislation in the nuclear sector, focusing on protecting lives, property, and the environment from radioactive emissions. Later accords like the 1994 Convention on Nuclear Safety and the 1997 Joint Convention on the Safety of Spent Fuel and Radioactive Waste Management reinforced this environmental safeguard. These frameworks are examined in the context of public access to nuclear information, with notable gaps in laws granting the public rights to information and participation in nuclear decision-making. The Aarhus Convention (1998) is significant here, providing the public with rights to obtain environmental information, participate in decision-making, and seek legal remedies. The Espoo Convention and its 2003 Kiev Protocol further enhance public involvement, introducing the Strategic Environmental Assessment (SEA), which mandates environmental impact assessments for nuclear plans and ensures stakeholder consultation. The study also explores compensation for environmental harm caused by nuclear disasters, referencing various conventions like the EU Environmental Liability Directive and the Civil Liability Convention. It advocates for stronger implementation of international treaties, social responsibility in nuclear policies, and effective national regulations. The Indian regulatory landscape, particularly the Atomic Energy Regulatory Board (AERB) and the proposed Nuclear Regulatory Authority of India, is scrutinized. The paper underscores the importance of global collaboration to strengthen international laws on nuclear safety, waste management, liability, and compensation, promoting sustainable development while protecting the environment for future generations.