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The 2008 United States-India Nuclear Co-operation Agreement and the Work of the International Law Commission on International Liability for Injurious Consequences Arising Out of Acts not Prohibited by International Law

  • Robert P. BARNIDGE (a1)

This article examines the 2008 Agreement for Co-operation Between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy [“123 Agreement”] within the context of the International Law Commission's (ILC) work on international liability for injurious consequences arising out of acts not prohibited by international law. Attention is paid to three issues in particular, namely how international environmental law has developed to interact with vaguely worded environmental protection provisions, such as those in the 123 Agreement, and the role of experts in this regard, the issue of civil nuclear liability, and the question of what international law might require for environmental impact assessments under the 123 Agreement to pass muster.

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Lecturer in Law, University of Reading, United Kingdom. The author would like to thank Sandy Ghandhi, Christopher Hilson, James Green, Mark Wilde, Tan Hsien-Li, and the anonymous reviewers for their comments on an earlier draft of this article. The research for this article was conducted within the context of a three-year British Academy UK-South Asia Partnership grant that is studying “India, the 123 Agreement, and Nuclear Energy: Issues of International Law”, and that involves a team of scholars at the University of Reading and the Tamil Nadu Dr Ambedkar Law University, Chennai.

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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

Chamu KUPPUSWAMY , “Is the Nuclear Non-Proliferation Treaty Shaking at its Foundations? Stock-Taking After the 2005 NPT Review Conference” (2006) 11 Journal of Conflict and Security Law 141

Jaswant SINGH , “Against Nuclear Apartheid” (1998) 77 Foreign Affairs 41

Faustin Z. NTOUBANDI , “Reflections on the USA-India Atomic Energy Co-Operation” (2008) 13 Journal of Conflict and Security Law 273

Leonard WEISS , “US-India Nuclear Cooperation: Better Later than Sooner” (2007) 14 Nonproliferation Review 429

William C. POTTER , “India and the New Look of US Non-Proliferation Policy” (2005) 12 Nonproliferation Review 343

Richard M. TEMPLE , Christina PENNY , and Mary Anne SULLIVAN, “Liability for Nuclear Incidents: Should the UK Now Follow the US Approach?” (2006) 18 Journal of Environmental Law 443 at 447448

Alan BOYLE , “Globalising Environmental Liability: The Interplay of National and International Law” (2005) 17 Journal of Environmental Law 3 at 4

Robert P. BARNIDGE , “The Due Diligence Principle Under International Law” (2006) 8 International Community Law Review 81

John H. KNOX , “The Myth and Reality of Transboundary Environmental Impact Assessment” (2002) 96 American Journal of International Law 291 at 308311

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Asian Journal of International Law
  • ISSN: 2044-2513
  • EISSN: 2044-2521
  • URL: /core/journals/asian-journal-of-international-law
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