"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Tuesday, December 5, 2023

Climate Change, the Nuclear Turn & Legal Education in India

 In a surprising development post-Fukushima, the world has shunned its anti-nuclear energy image and has sought to encourage efforts at increase the share of nuclear power, in the background of mounting pressure to acheive Net Zero by 2050.

The COP (the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) (COP) saw significant calls for substantially increasing nuclear power, especially from nuclear energy generators and the International Atomic Energy Agency, which stated in COP28:
"Studies confirm that the goal of global net zero carbon emissions can only be reached by 2050 with swift, sustained and significant investment in nuclear energy. The International Atomic Energy Agency (IAEA) and the Intergovernmental Panel on Climate Change see nuclear as important part of the solution to climate change and energy insecurity."

While there are several countries such as Germany, Australia, Austria, Denmark, New Zealand, Norway, etc., that are markedly anti-nuclear, many other major countries such as India, China, USA, France, Russia, South Korea, Canada, etc. which produce nuclear power and many of them are establishing new nuclear plants

The idea of Small Modular Reactors has also emerged throughout the world. 

Considering these developments, it would be important for Indian legal education to undertake the following:

  • Commence legal education in nuclear energy law, both domestic and international;
  • Organise awareness programmes, conferences and credit courses on nuclear energy law;
  • Devote specific journal issues on nuclear energy law.
  • Devote signifcant resources for cutting edge research in nuclear energy law.
There are many areas of law that are required to be explored vis-a-vis nuclear energy. These include climate change law, environmental law, contract law, insurance law, taxation, etc. Law and other Universities need to take up this issue in a major way.

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