The intersection between energy and the environment is regulated on the basis of legal foundations that international economic law has developed on its own or ‘borrowed’ from (or otherwise relied on) such outside regimes as general international law and international environmental law. The borrowed principles, like sovereignty over natural resources or sustainable development, can find their reflection, directly or indirectly, in trade and investment agreements and case law and will continuously affect new developments in this field. This chapter will show that such foundations stemming from the external sources define the basic contours of State’s rights and duties associated with the energy–environment nexus. Moreover, the international trading and investment systems provide self-created legal foundations for environmental policy space as will also be discussed in this chapter. They define the extent to which energy-related restrictive measures driven by environmental considerations can be accepted. The case of the ECT presented at the end of this chapter is a striking example for demonstrating that the legal foundations are not static and may undergo important changes.

This chapter examines the main features of the centralised approach in general terms before turning to its clearest illustration, the international law of nuclear energy. The examination of the latter follows two main steps. Firstly, the chapter discusses the ‘dual use’ of nuclear technology, for civil and military purposes, as main historical driver for centralisation. Secondly, it analyses the structure and content of the centralised governance of nuclear energy, paying particular attention to the role of the IAEA. The international law of nuclear energy is presented by reference to the legal balance between nuclear cooperation and safeguards, safety standards (prevention, response and reparation) and environmental protection.

While China is building nuclear reactors faster than any other country in the world, major constraints may limit nuclear energy’s ability to grow to the scale of hundreds of gigawatts that would be required for it to play a major part in decarbonizing China’s energy system. This chapter explores the major constraints on, and risks of, large-scale nuclear energy growth in China, and how both new policies and new technologies might address them. It focuses particularly on the two biggest constraints – economics and siting. Substantial government policies to support nuclear power and advanced reactor systems designed to address some of the key constraints are both likely to be needed for nuclear to have a chance of playing a major role in decarbonizing China’s energy system; nuclear energy’s role may be bigger in the second half of this century than in the first half.

In this chapter, we discuss the evolution of the field of ‘ethics of nuclear energy’, regarding its past, present and future. We will first review the history of this field in the previous four decades, focusing on new and emerging challenges of nuclear energy production and waste disposal, in light of several important developments. Four of the most pressing ethical challenges will be further reviewed in the chapter. First, what is a morally ‘acceptable’ nuclear energy production method, if we consider the existing and possible new technologies? Second, provided a new tendency to consider nuclear waste disposal with several countries, what would be the new ethical and governance challenges of these multinational collaborations? Third, how should we deal with the (safety) challenges of the new geographic distribution of nuclear energy, tilting towards emerging economies with less experience with nuclear technology? Fourth, nuclear energy projects engender highly emotional controversies. Neither ignoring the emotions of the public nor taking them as a reason to prohibit or restrict a technology – we call them technocratic populist pitfalls respectively – seem to be able to guide responsible policy making.

In this chapter, we discuss the evolution of the field of ‘ethics of nuclear energy’, regarding its past, present and future. We will first review the history of this field in the previous four decades, focusing on new and emerging challenges of nuclear energy production and waste disposal, in light of several important developments. Four of the most pressing ethical challenges will be further reviewed in the chapter. First, what is a morally ‘acceptable’ nuclear energy production method, if we consider the existing and possible new technologies? Second, provided a new tendency to consider nuclear waste disposal with several countries, what would be the new ethical and governance challenges of these multinational collaborations? Third, how should we deal with the (safety) challenges of the new geographic distribution of nuclear energy, tilting towards emerging economies with less experience with nuclear technology? Fourth, nuclear energy projects engender highly emotional controversies. Neither ignoring the emotions of the public nor taking them as a reason to prohibit or restrict a technology – we call them technocratic populist pitfalls respectively – seem to be able to guide responsible policy making.