The management of radioactive waste in Europe and elsewhere has been the subject of continuous legal and political challenges, both in court rooms and by environmental groups in the field. Public concern was and is often considerable. In case of its transport blockades of roads and other police interventions have not been rare. Somewhat remarkable perhaps, the management of radioactive waste has not at all got the attention in academic literature it so very much seems to deserve, although, e.g., the applicable legal regime is rather intriguing to say the least. One of the purposes of this book is to examine and discuss some important aspects of the relevant law, notably of the European Union. Under EU Law, radioactive waste management largely has a separate Euratom regime. This special Euratom Community has hardly been affected by all the developments from the original Community Law to modern EU Law. It has missed all the Treaty changes, from Maastricht and Amsterdam all the way to the Lisbon Treaty. Minimal power of the European Parliament in this field is one of the consequences.This book discusses and critically analyses in detail how the Euratom regime functions in respect to such an important part of the management of waste as radioactive waste is.
It critically analyses the applicable instruments of Euratom law, the relevant jurisprudence of the European Court of Justice as well as some salient developments in national and international law.
Harry H.G. Post is Professor of International Law, ret., University of Exeter, UK; Visiting Professor, Faculte libre de droit, Universite Catholique de Lille and at the Dipartimento di Giurisprudenza, Universita degli Studi di Sassari.Aurelien Raccah is lecturer and Vice-Dean for International Development, Faculte libre de droit, Universite Catholique de Lille.
The Management of Radioactive Waste; 1. Radioactive Waste Management under Euratom and Other EU Law: An Introduction; 2. Euratom Law on Radioactive Waste: ius specialis?; 3. Radioactive Waste Management in the Jurisprudence of the European Court of Justice; 4. Radioactive Waste Transport under Euratom and Other EU Law; 5. The Complexity of Radioactive Waste Management and Human Rights: The Case of the 'Quirra' Test/Training Range; 6. Euratom and the Duty of Care for the Environment.