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The Ultimate Responsibility of State for Radioactive Waste Disposal: A concept of International Law

Publication at Faculty of Law |
2017

Abstract

The very special nature of radioactive waste triggers variable challenges to the allocation of responsibilities between the state and waste generators, then is usual by conventional types of wastes, such as municipal (household, commercial and demolition) and by certain other hazardous wastes (electronic, etc.). Apart from the producers of radioactive waste (including operators of nuclear power plants, who are responsible for ensuring the safe management within their premises) and who should cover all costs for the radioactive waste management up to disposal, the management of radioactive waste inevitably affects several other involved parties (public, workers, municipalities where radioactive waste will be finally disposed of).

To identify some clear delineation between the responsibility of the waste generator and that of the state to protect its citizens, this contribution turns its attention to the legal framework created in this field of by means of international law. It examines the concept of "the ultimate responsibility of the State" in the international law in order to analyze the allocation of responsibility between the waste generator and the state in whose territory radioactive waste is produced.