'Atomic law' or 'Nuclear law'? an Academic Discussion Revisited

• Author: J. Handrlica
• Position: Charles University in Prague (Prague, Czech Republic)
• Pages: 135-151

BRICS LAW JOURNAL Volume V (2018) Issue 3

“aToMIC Law” oR “nuCLEaR Law”?

an aCaDEMIC DISCuSSIon REVISITED

JAKUB HANDRLICA,

Charles University in Prague (Prague, Czech Republic)

DOI: 10.21684/2412-2343-2018-5-3-135-151

The terms “atomic law” and “nuclear law” are regularly being (to a certain part as synonyms)

used in both scientic and popular literature to refer to a body of legal norms, governing

peaceful uses of nuclear energy and ionizing radiation, as provided by sources of international

law (“international atomic law,” or “international nuclear law”), national legislation and

a complex body of unbinding norms (soft law). Further, several other variations of these terms

are also regularly used (such as “atomic energy law,” “nuclear energy law,” “international

nuclear law,” “law of the atomic/nuclear energy,” etc.). This contribution aims to identify

the origins of this terminological labyrinth and to deal with the perception of these terms

in the legal scholarship. Further, this contribution deals with the recent perception of these

terms in the legal science of major States, using nuclear energy for peaceful purposes. This

article aims to clarify the existing terminology, which is to large extent being used in the

literature without an appropriate explanation. The author pleads for a consequent use of

the term “nuclear law” (droit nucléaire, yadernoe pravo, Nuklearrecht, derecho nuclear,

diritto nucleare) and presents arguments for such conclusion.

Keywords: nuclear law; atomic law; nuclear energy law; atomic energy law; international

nuclear law; international atomic law; law of nuclear energy.

Recommended citation: Jakub Handrlica, “Atomic Law” or “Nuclear Law”? An Academic

Discussion Revisited, 5(3) BRICS Law Journal 135–151 (2018).

Introduction

Nuclear energy and ionizing radiation currently find various peaceful uses

in industry, medicine, agriculture, archaeology and many other areas of human

BRICS LAW JOURNAL Volume V (2018) Issue 3 136

activity. Nuclear energy has been used for electricity production since the late 1950s.

Further, nuclear energy has been also used as a means of marine propulsion (nuclear

icebreakers in the Arctic) as well as for desalination, though that process is very

costly. The uses of ionizing radiation are today crucial for many branches of medicine

(radiopharmacology, radiotherapy, radiosurgery, etc.), industry (radioluminescence,

smoke detectors, etc.), archaeology (dating minerals and rocks) and in many other

areas. Also, several States are using nuclear energy for military (defense) purposes.

From the legal perspec tive, the peaceful uses of nuclear energy and ionizing

radiation are currently governed by a vigorous legal framework, established by

binding instruments of international law, adopted under auspices of the International

Atomic Energy Agency (thereinafter “the IAEA”), the Organisation for Economic

Co-operation and Development (thereinafter “the OECD”) and to a certain extent

the International Maritime Organisation (thereinafter “the IMO”). The instruments

of international law cover the issues of early notication1 and mutual assistance2 in

a case of a nuclear accident or radiological emergency, nuclear safety,3 nuclear liability

(established both under the auspices of the OECD,4 IAEA5 and IMO6) and nuclear

security7 as well as the issues of radioactive waste management.8 These instruments

1 Convention on Early Notication of a Nuclear Accident (adopted 26 September 1986, entered into

force 27 October 1985), INFCIRC/335 (CENAC).

2 Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (adopted

26 September 1986, entered into force 26 February 1987), INFCIRC/336 (CACNARE).

3 Convention on Nuclear Safety (adopted 17 June 1994, entered into force 24 October 1996), INFCIRC/449

(CNS).

4 Convention on Third Party Liability in the Field of Nuclear Energy (adopted 29 July 1960), as amended

by the Additional Protocol of 1964 (adopted 28 Januar y 1964, entered into force 1 April 1968) and

by the Protocol of 1982 (adopted 16 November 1982, entered into force 7 October 1988), commonly

referred to as the Paris Convention (PC) and the Protocol to Convention on Third Party Liability in the

Field of Nuclear Energy of 29 July 1960 as Amended by the Additional Protocol of 28 Januar y 1964

and by the Protocol of 16 November 1982 (adopted 12 February 2004, not yet in force).

5 Vienna Convention on Civil Liability for Nuclear Damage (adopted 21 May 1963, entered into force

12 November 1977), INFCIRC/500 (VC); Joint Protocol Relating to the Application of the Vienna

Convention and the Paris Convention (adopted 21 September 1988, entered into force 27 April 1992),

INFCIRC/402 (JP); Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage

(adopted 12 September 1997, entered into force 4 October 2003), INFCIRC/566 (VP) and the Convention

of Supplementary Compensation of Nuclear Damage (adopted 12 September 1997, entered into force

15 April 2015), INFCIRC/567 (CSC).

6 Convention Relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material (adopted

17 December 1971, entered into force 15 July 1975).

7 Convention on the Physical Protection of Nuclear Material (adopted 26 October 1979, entered into

force 8 February 1987), INFCIRC/274 (CPPNM) and the Amendment to the Convention on the Physical

Protection of Nuclear Material (adopted 8 July 2005, entered into force 8 M ay 2016), INFCIRC/274/

Rev.1/Mod.1 (ACPPNM).

8 Joint Convention on the Safety of Spent Fuel Management and on the S afety of Radioactive Waste

Management (adopted 5 September 1997, entered into force 18 June 2001), INFCIRC/546 (JCSSF).