United States and India: two nuclear states with legislation that truly holds responsible parties liable in case of a nuclear accident

Nuclear law tends to be an ‘exception’ to ordinary tort law in many ways. This is due to its early military roots and initial fears of catastrophe containment. Yet, this ‘exception’ is not justified anymore. Producing energy in nuclear power plants is business-as-usual nowadays and is insured by multinational corporations like Swiss Re, Generali, Münich Re, AXA, etc. In this article, a key exception provided by nuclear law will be explained: how suppliers and designers of defective reactors escape any responsibility in case of a nuclear accident. Two nuclear states have adopted laws that deviate from this exception: the USA and India. Indeed, in both the USA and India, suppliers and designers of defective reactors can be held liable in case of a nuclear accident. In this author’s opinion, the nuclear liability package provided for in the laws of the USA and India is a gateway to justice in case of a nuclear accident and should be an example for the rest of the world. Surprisingly, though, both countries are in disagreement on nuclear law issues. Explanations in this article will be given in simple terms, in an attempt to demystify legal issues surrounding nuclear energy. Nuclear energy should not be an exception, and Indian and US laws have understood that.     

Nuclear energy and risk assessment by Indian courts: analysis of judicial intervention in the Kudankulam Nuclear Power Project

Judicial intervention on nuclear energy safety discourse in India is very recent. The debate on the Civil Nuclear Liability for Damage Act 2010 in the Parliament and the 2011 Fukushima nuclear accident in Japan provoked public apprehension about nuclear safety in India. The Kudankulam Nuclear Power Project (KNPP) in South India became the flash point. The localized agitation against the project consequently gained momentum and was taken up aggressively by civil society groups citing safety compromise on various technical parameters. Though the government constituted expert committees to assuage any misgivings, the matter, however, was challenged before the Madras High Court and as appeal before the Supreme Court of India. The former assured safety and legality of the project and the latter endorsed this view, with supplemental directions, determining the superiority of expert committees who unequivocally concluded that the project was safe. The Courts similarly converged on the issue that the project was of national importance. On the access to project information, though the Central Information Commission ordered to make public the KNPP site and safety evaluation reports, however, Nuclear Power Corporation appealed to the Delhi High Court arguing the information was proprietary and obtained a stay order.     

Cross-border insolvency law in India: Are the principles of comity of courts and inherent common law jurisdiction relevant?

Deliberations are in the final stages for enacting a cross-border insolvency law in India based on the UNCITRAL Model Law on Cross Border Insolvency 1997 (‘Model Law’). The cross-border insolvency regime in India will provide an avenue for recognising foreign insolvency proceedings in India. Although it is a matter of time before India adopts the Model Law, it is important to examine whether there remains an independent basis in addition to the Model Law for recognising and providing assistance to cross-border insolvency proceedings in India. This is crucial on account of the following reasons: first, the Model Law does not provide that it is the exclusive pathway for foreign creditors to seek remedies under domestic law. The Model Law, as reflected in Article 7, was intended by its drafters to be an additional gateway to those provided under local laws. The proposed Indian law in Article 5 of Draft Part Z of the Insolvency and Bankruptcy Code 2016 also does not depart expressly from this principle. Second, there may be instances where neither the ‘Centre of Main Interests’ nor an establishment of a corporate debtor is situated in India; therefore, assistance and cooperation in respect of such cross-border insolvency proceeding can only be based on the inherent common law jurisdiction, if available. Third, the cross-border insolvency framework in India will be premised on the requirement for reciprocity and, therefore, countries that do not meet the reciprocity requirement may find it beneficial if such an independent basis for recognition exists in India. This article argues that foreign representatives should be encouraged to explore the possibility of seeking assistance from the commercial courts in India under the common law principles governing cross-border insolvency and that the courts in India should be open to this possibility.     

Organisational risk perception and transformations in India’s nuclear establishment

The discourse on nuclear power and risk has shifted over the last few decades from security concerns emanating from nuclear weapons to threats to public safety in the event of industrial nuclear accidents. While the main focus of existing scholarship has been on public risk perceptions, comparatively little is known about organisational risk perceptions and the factors that influence organisations’ willingness to accept the incalculable risks of nuclear power. This paper provides insights into how the nuclear establishment in India thinks about risk. Drawing on interviews with the senior management of nuclear organisations, the analysis shows that organisational risk perception is not merely a human construct or the outcome of simple technical cost-benefit rationalities. It is the result of interactions between material and ideational conditions of risk. These conditions are expressed through three core organisational narratives: (1) the growth imperative, (2) technological nationalism and (3) faith in systems and technology. While there is generally a strong consensus on these narratives within and among the nuclear organisations in India, the data also show that organisations are not homogenous entities. Instances of self-critique and reflexivity exist which could open new spaces for change towards a more inclusive organisational discourse on nuclear risk in India.     

Negligence,capture, and dependence: safety regulation of the design of India’s Prototype Fast Breeder Reactor

This article contributes a case study of regulation of the design of India’s Prototype Fast Breeder Reactor (PFBR). This reactor is the first of its kind in India, and perceived by the nuclear establishment as critical to its future ambitions. Because fast breeder reactors can experience explosive accidents called core disruptive accidents whose maximum severity is difficult to contain, it is difficult to assure the safety of the reactor’s design. Despite the regulatory agency’s apparent misgivings about the adequacy of the PFBR’s design, it eventually came to approve construction of the reactor. We argue that the approval process should be considered a case of regulatory failure, and examine three potential factors that contributed to this failure: institutional negligence, regulatory capture, and dependence on developers and proponents for esoteric knowledge. This case holds lessons for nuclear safety regulation and more generally in situations where specialized, highly technical, knowledge essential for ensuring safety is narrowly held.     

From risk to vulnerability: the role of perceived adaptive capacity for the acceptance of contested infrastructure

Infrastructure projects such as repositories for nuclear waste or hazardous waste sites impose risks (in the form of potential burdens or losses) over extensive timescales. These risks change dynamically over time and so, potentially, does their management. Societies and key actors go through learning processes and subsequently may be better able to deal with related challenges. However, social scientific research on the acceptance of such projects is mainly concerned with (static) risk perception issues and does not include dynamic aspects. Adaptive capacity, which is part of the concept of vulnerability, therefore represents a promising complementing facet for this line of research. The aim of this paper is to examine the role of perceived adaptive capacity (PAC) for the acceptance of contested long-term infrastructure for the two issues of nuclear and hazardous waste. In an online experimental survey (N?=?300) examining either the acceptance of a nuclear waste repository or of a hazardous waste site, we demonstrate that (i) PAC can be separated empirically as a psychological construct from risk and benefit perception, and (ii) PAC explains a significant additional share of variance in the acceptance of both waste types beyond risk and benefit perception. Furthermore, we report what adaptation mechanisms of PAC participants expect to occur in the future. We conclude that such a dynamic perspective yields important insights in understanding individual decision-making regarding long-term infrastructure projects.     

Dalit vision of India: from bahishkrut to inclusive Bharat

Dalits continue to remain “bahishkrut’ (outcaste, ostracised, ghettoised, and socially boycotted) in modern India. They are still in search of an inclusive civilisation that would not isolate them in time and space. Even the process of globalisation does not promise them any decent avenues of mobility. The future project of dalits and their friends and sympathisers is going to be to change the protocols of social interaction along egalitarian lines and ultimately in favour of dalit and non-dalits. The dalit vision of India, thus, is to transform India from bahishkrut to an enlightened and inclusive India. The elements of this future vision vis-à-vis technology, the state, democracy, nationalism, civil society and its deeply rooted prejudices are identified and discussed.     

India’s strategic future: 2025

Based on the geopolitical developments in India’s neighbouring countries and India’s response to them, this paper depicts four scenarios—Storms and Fires, Rainbow in the Sky, Light and Shadows and Across Space. Each scenario explores a set of possible events and the consequences triggered by it. While Storms and Fires is based on the rise of a sharp nationalist Indian sentiment in the face of heightened security tensions in the region, Across Space outlines the future of India’s worldview shaped by the present government’s policy of US primacy. Light and Shadows is based on differential policy towards neighbours—conflict with Pakistan and cooperation with other neighbours. This scenario is predicated on the supremacy of economic objectives whereas Rainbow in the Sky is based on the regional cooperation as the primary guiding force of the Indian foreign policy. Though major geopolitical events in its neighbourhood will impact the immediate future of India, India’s response and internal strengths and weaknesses will determine its long-term future. It is therefore essential for the country to develop a well considered trajectory of its strategic options for the next 25 years.     

Transforming rural lives through decentralized green power

India has been pursuing non-conventional sources of energy for various applications for a long time now. Several technologies—solar heating, solar photovoltaic, biomass, wind—have been demonstrated over the years. Currently, renewable sources of energy make up for about 5% of grid electricity produced in the country. This is impressive growth compared to 2.7% that is contributed by nuclear energy despite huge investments made in that sector. Despite the growing contribution of renewables to the national power kitty, about 125,000 or 21% villages remain in dark and not all households have power in the villages electrified. While the government efforts continue to spread solar and biomass based lighting, heating and power systems in villages, efforts in the non-governmental sector have shown that decentralized, off-grid power generation through biomass-based gasifiers and solar photovoltaics offers a viable, long-term solution to rural electrification. Though government policies now recognize decentralized power generation, they do not see it as a preferred mode of rural electrification nor do they foresee a major role for voluntary agencies and people's organizations in decentralized power generation through renewable sources. While technology has shown the way, right policy initiatives and enabling environment are lacking to use decentralized power generation through renewables as an input in overall development process.     

Are Legal Families Related to Financial Reporting Quality?

A large body of financial accounting research explores the quality of accounting in different countries. An important assumption in most of that research is that common law provides a firmer foundation for good accounting transparency than civil law. Researchers usually regress their proxy for accounting quality on an indicator variable that designates the firm's country as a common or civil law jurisdiction (along with other regressors). But what is the support for that nearly universal assumption? This study addresses that question. It traces the distinctions made by legal scholars that characterize the two ‘families’. It analyzes La Porta et al. (1998), which is the nearly universal citation to support the civil/common dummy, and assesses the design and development of research designs that use law in accounting studies. It concludes that the use of the civil/common distinction as applied in accounting studies cannot be supported, and offers suggestions for how to better investigate the ways in which the law interacts with financial reporting.     

中国核电政策选择:不宜轻言放弃

日本核事故后,世界各主要核国家对核电发展态度各异。我国应在高度重视核安全的基础上,从自身发展出发审慎考虑核电发展,不轻言放弃2011年3月11日,日本东北部发生里氏9级特大地震及其引发的海啸,导致福岛核电站辐射泄漏事故,最终定位7级最高级别核事故。几个月过去,这一事件给世界主要持核国家所带来的不同程度影响正在显现。     

Residents’ behavioural intentions to resist the nuclear power plants in the vicinity: an application of the protective action decision model

Nuclear power is growing rapidly in China. The ultimate goal of developing nuclear power is to mitigate the energy crisis, reduce greenhouse gas emissions, and ensure sustainable economic development. However, the ‘not-in-my-backyard’ (NIMBY) attitude may influence the implementation of nuclear power projects. This study explores the determinants of behavioural intentions to resist nuclear power plants (NPPs) based on the protective action decision model (PADM). A survey of the residents (N = 432) near the Haiyang NPP significantly validated the hypothesized relations. Results suggest that information acquisition and public participation can significantly predict perceived knowledge. Perceived knowledge is important in predicting perceived benefits, NIMBY attitude, and behavioural intentions. Moreover, two inverted-U relationships for perceived knowledge with the NIMBY attitude and with behavioural intentions are observed. Furthermore, the NIMBY attitude and behavioural intentions are significantly stimulated by perceived risks, but failed to be motivated by perceived benefits. An inverted-U relationship between perceived benefits and perceived risk is also indicated. The results that the NIMBY attitude and residential distance to NPP have played significant roles in predicting behavioural intentions are obtained. Implications of our results and areas of further researches are discussed in this article as well.     

A 20-20 Vision for India: targets, policies and implementation

We live in a unipolar world not only politically and militarily, but intellectually too with globalisation attaining the status of dogma. As globalisation has not always helped developing countries, swadeshi, or self-reliance, has been strongly advocated by influential groups in India. Logically, there is space for both: globalisation for improving competitiveness of tradeables, and swadeshi for maximising employment through non-tradeables.India has been growing well but not as well it could because of excessive impedance to growth. Impedance has three components: weight of tradition, reluctance to change, and friction against movement. Positive feedback in the form of local autonomy has been suggested as a remedy. As positive feedback is inherently unstable, it should be circumscribed by negative feedback. Integral feedback, integrating over all local units combined together, and over time, should minimise risk of instability.Apart from local autonomy, India will progress fast only if bureaucracy is assured security. In particular, frequent, arbitrary and often vindictive transfers of officials have become a dreaded menace. They should be subjected to the rule of law. Politicians have become a problem; many of them bank on promoting hatred. As a remedy, each voter may be given as many votes as there are candidates, and also the option to make each vote either positive or negative. Then, any hate vote gained will be nullified by the negative votes. Hate will cease to be profitable.President Kalam’s proposal for shifting investment from congested cities to rural areas by linking loops of villages by four types of connectivity—physical, electronic, economic and knowledge—promises to hasten India’s growth, and improve the environment too. Ultimately, that way we can dream of a future where even the poorest will enjoy all basic Maslow Needs—water, shelter, education, health services, connectivity, good environment, and enough surplus of money and time to enjoy leisure.

Will I be rich, will I be pretty?

Will there be rainbows day after day?

—Song in the movie The Man Who Knew Too Much

How do policymakers and think tank stakeholders prioritize the risks of the nuclear fuel cycle? A semantic network analysis

In recent years, the importance of stakeholder involvement and of integrating diverse perspectives into risk management has gained increasing recognition. However, it remains a challenging task to identify all potentially relevant stakeholders and to reliably describe their deeply held beliefs regarding the risks associated with complex industrial systems. For example, the development of advanced nuclear fuel cycles presents such a case. Based on a review of policy-making literatures and a content analysis of congressional records, we identify federal agencies and nonprofit policy institutes (also known as ‘think tanks’) as key stakeholders that are representative of those actively involved in making high-level decisions on the US nuclear energy policy. Using a semantic network analysis approach, we visually delineate the thematic areas of each party’s perceptions concerning fuel cycle risks. The results show that although governmental and think tank stakeholders share common concerns in areas such as nuclear waste management, the economics of nuclear facilities, and proliferation, they tend to focus on distinct aspects of each area. Moreover, while governmental stakeholders are primarily concerned with the environmental and local impacts of nuclear fuel cycles, think tank stakeholders focus more on the relative advantages and disadvantages of nuclear energy compared to other alternative energy options. Implications for risk management and risk communication are discussed.     

Rules of proof,courts, and incentives

We analyze the design of legal principles and procedures for court decision making in civil litigation. The objective is the provision of incentives for potential tort‐feasors to exert care when evidence is imperfect and may be distorted by the parties. Efficiency is consistent with courts adjudicating on the basis of the preponderance of evidence standard together with common law exclusionary rules. Inefficient equilibria may nevertheless also arise under these rules. Burden of proof guidelines are then useful as a coordination device. Alternatively, guidelines are unnecessary if courts are allowed a more active or inquisitorial role in contrast to that of passive adjudicator.     

The future of science studies

Science studies suffers from a sense of secondariness. It can abandon this inferiority if it relocates itself in terms of a politics of knowledge. Science studies should stop viewing itself as a quilt patch of subjects and reading itself as a creative mediation between knowledge and power. This is illustrated in terms of the emergence of Science Studies in India. Official India emphasized science policy as an extension of the Nation-State. Science studies arose as a response to science policy questioning the social contract between Science and State in India. Science studies emerged as a part of civil society after the Emergency of 1975 and among social movements rather than as a professionalized academic subject. In attempting to create an identity, science studies moved across four axis of possibility: the science of science, interdisciplinary science, transscience and alternative science. The second part of the paper links science studies to the democratic imagination. It argues that the citizen must be seen as a scientist, a person of knowledge not merely as a consumer and voter. The citizen thus becomes a trustee of local, defeated and marginal forms of knowledge. Its real role is in enhancing the democratic imagination, providing methodologies of conflict resolution and plural frameworks of knowledge for cognitive justice, thus emerging as a site for dissenting imaginations against the emerging global regime.     

Rating of worry about energy sources with respect to public health,environmental health,and workers

Environmental risks of different energy sources pose a significant problem for managers, decision-makers, and the general public. Attitudes and perceptions may differ by type of energy, as well as the recipient of the harm. A post-Fukushima survey of students and others in a university community in central New Jersey was conducted to determine how much people worried about the potential effects of different energy types (nuclear, chemical, coal, hydroelectric, solar, wind, and gas), which aspect they worried about (public health, workers, and the environment), and which form they thought the USA should further develop. Ratings for worry varied significantly by energy type and receptor type. In general, worry was greater for all aspects of chemical, coal, nuclear, and gas, and significantly less for hydro, solar, and wind. Worry was generally higher for exposure from the plant, exposure from food and water, exposure to workers, and exposure for wildlife than for either transportation issues or exposure from everyday occurrences. The same exposures (or targets) were rated for each energy source. The greatest worry for each energy type was as follows: (1) nuclear exposure to radiation in food, although worker exposure and exposure from the plant were very close, (2) chemical exposure was from accidents in the plant, (3) coal was from harmful effects of mercury on wildlife, (4) hydro was from contamination of drinking water, (5) solar was from harmful UV radiation exposure in wildlife, (6) wind was from mortality of birds due to wind turbines, and (7) gas was from harmful gas exposure to wildlife. Overall, the highest rated features in terms of worry (four of seven energy forms) were for wildlife. The survey population believed that wind, solar, tidal, and hydro power should be developed further, and coal should be developed the least.     

Nuclear licensing in the United States: enhancing public confidence in the regulatory process

A nuclear regulator’s paramount purpose is to utilize its expertise to ensure protection of public safety. But, recent actions by countries, such as Germany, to phase out nuclear power illustrate that public perception of nuclear safety can change swiftly despite a country’s long history of safely operating nuclear power plants. Public trust, acceptance, and involvement in nuclear regulatory decisions, therefore, are critical to a successful nuclear power program. In the United States, the US Nuclear Regulatory Commission (‘NRC’) has a long-standing practice of conducting its regulatory responsibilities in an open and transparent manner. The NRC, as a regular part of its decision-making process, also reaches out to affected and interested parties and invites their involvement in its regulatory processes. The NRC’s efforts to instill public confidence are an explicit recognition that nuclear safety and security are the public’s business. While the NRC must balance the public’s rights to participate in the licensing process with the applicant’s right to an efficient and timely licensing decision on an application, ultimately the NRC’s decision-making process is more effective and more broadly accepted by the public when it includes participation of a diverse range of interested and affected parties.     

Claims against negligent or fraudulent directors: proposed amendments to South African legislation

Numerous jurisdictions provide for statutory civil liability of directors should they make themselves guilty of managing the business of a company in a reckless, wrongful or fraudulent manner or engage in insolvent trading. Such provisions can play an important role in protecting the interests of corporate creditors, provided that they are properly formulated. This contribution attempts to determine whether the interests of corporate creditors are adequately protected in terms of such provisions. In South Africa, directors' civil and criminal liability for reckless or fraudulent trading is currently provided for in terms of section 424 of the South African Companies Act. Civil liability of those engaged in knowingly taking part in managing the business of the company fraudulently or recklessly is provided for in terms of subsection (1). However, an analysis of case law on the interpretation of section 424(1) reveals that there are numerous uncertainties regarding the application of this provision. Similar provisions in other jurisdictions also display a number of shortcomings. South African company law has just undergone an extensive review, however, and a Draft Companies Bill of 5 February 2007 was recently published for public comment. The liability of directors for reckless or fraudulent trading is provided for in terms of the proposed section 93(2)(b) of the Draft Companies Bill. A comparison between section 424(1) and section 93(2)(b) indicates that some of the uncertainties that exist in terms of section 424(1) may be resolved by the new provision. Unfortunately, the proposed section 93(2)(b) raises some of its own questions and would furthermore seem to offer more limited protection than section 424(1) in certain respects. This unfortunate occurrence will detract from the protection that provisions such as these could afford to the interests of corporate creditors and it is submitted that such provisions should be drafted with great care. Copyright © 2007 John Wiley & Sons, Ltd.     

Investor Protection and the Mode of Acquisition: Implications for Ownership Dilution and Formation of Pyramids

This paper examines how investor protection affects mode of acquisition and shapes subsequent control structures. I find that (stock‐based) mergers are more likely when investors are well protected, while (cash‐based) control transactions are more prevalent under weak protection. Repeated acquisitions by common law firms result in substantial ownership dilution especially in the United States, but not in civil law countries. Alternatively, a series of acquisitions in civil law countries linked through firms that are bidders in one acquisition, but targets in another, tends to generate a corresponding series of intercorporate control pyramids, while such correspondence is much weaker in common law countries.