The Rise and Fall of Nuclear Energy Use in Germany: Processes, Explanations and the Role of Law
Journal of Environmental Law, January 24, 2013
Posted: 31 Jan 2013
Date Written: January 24, 2013
After the disaster of Fukushima in March 2011, some countries and especially Germany changed their energy policy dramatically in order to end the use of nuclear fission in energy production. This has stirred interest in many countries. In this article the developments in Germany are considered against the historical and legal background. First, the article traces the different phases in the use of nuclear energy. As a second step it tries to find an explanation for why the nuclear exit occurred. Thirdly, it analyses the role of regulatory and constitutional law in the introduction and phasing out of nuclear energy use. Finally, some general conclusions are drawn on the advantages and drawbacks of nuclear energy and on lessons to be learned for socio-legal theory.
Keywords: energy law, phasing out of nuclear energy, precaution, participation, right to risk prevention, regulatory expropriation
JEL Classification: K32
Suggested Citation: Suggested Citation