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By Carlton Stoiber
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Extra resources for Handbook on Nuclear Law
Sample text
2 of the Joint Convention [5] contains a similar identification of functions. These two instruments create an international obligation to provide for these functions in national law only with regard to the operation of nuclear installations (civil nuclear power plants) and spent fuel and radioactive waste management. g. Refs [1, 4]), the functions are applicable to all other nuclear related activities. These regulatory functions should apply to all important nuclear related activities, including: (a) (b) (c) (d) The production of radiation sources; The use of radiation and radioactive substances in science, medicine, research, industry, agriculture (including the irradiation of food and animal feedstocks) and teaching; The design, construction, operation and decommissioning of research and test reactors; All aspects of the use of nuclear energy for power production, including the siting, design, construction, commissioning, operation and decommissioning of power reactors and the entire nuclear fuel cycle, from 34 (e) (f) (g) PART I.
4. PART I. ELEMENTS OF NUCLEAR LAW Initial legislative drafting Having reviewed the assessment results and any preliminary stakeholder input, the responsible party (whether a governmental body, a legislative committee or an independent panel of experts) will be in a position to prepare an initial draft of legislation. An important issue at the outset is whether the legislation will cover all aspects of nuclear energy, or whether it will cover different aspects in a number of separate laws. Other fields of law are bound to be affected by comprehensive regulation.
G. g. g. the exemption of certain activities and facilities from certain requirements (grandfathering)). There may be other equally important things that the drafters of an initial legislation proposal should do, but a general handbook like this one cannot mention them all. However, the Secretariat of the IAEA is prepared, upon request, to conduct reviews of the draft nuclear legislation of Member States and to make suggestions for improving it (on a confidential basis, if so desired). Such reviews focus on whether the draft is consistent with relevant international legal instruments and with international best practice, as reflected in relevant IAEA safety standards.