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

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 liabilit...

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Bibliographic Details
Published in:Asian journal of international law (Cambridge, U.K.) U.K.), 2012-01, Vol.2 (1), p.1-19
Main Author: BARNIDGE, Robert P.
Format: Article
Language:English
Subjects:
Agreements
Cooperation
Environmental impact
Environmental law
Environmental law, International
Environmental protection
Geopolitics
International law
Liability
Nuclear energy
Nuclear tests
Nuclear weapons
Presidents
Treaties
United Nations. International Law Commission
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Summary: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.
ISSN:2044-2513
2044-2521
DOI:10.1017/S2044251311000105