Nuclear Energy and Liability in South Asia

The book propounds a regional approach to nuclear risk framework as more promising in the current scenario than the non-achievable global regime. In the development of international law relating to liability, nuclear energy sector represents an alternative approach to transboundary liability regime. Building on this foundation and following Chernobyl accident - international consensus was sought for a stronger transboundary legal regime in the event of a nuclear disaster. However, after sixty years of the existence of international nuclear liability laws and twenty five years after Chernobyl, the primary objective of the Conventions harmonisation and a global regime remains unfulfilled. Further, many countries are expanding or introducing nuclear programs, without adequate transboundary legal protection. On account of these issues, a regional approach is an option that cannot be ignored. South Asia, with its rapidly expanding nuclear energy footprint is in a unique position to adopt a regional mechanism. The methodology adopted for the study in the book comprises literature review of international law of nuclear liability, analysis of South Asian nuclear energy programs and its international and national legal obligations. Further, a technical risk assessment study undertaken to identify the level of transboundary nuclear risk within South Asia is also included. This is followed by interviews with experts and policy makers to test the willingness of the South Asian Association for Regional Cooperation (SAARC) community to respond to this shared regional concern.§