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

See all articles by Gerd Winter

Gerd Winter

University of Bremen Faculty of Law

Date Written: January 24, 2013

Abstract

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

Winter, Gerd, The Rise and Fall of Nuclear Energy Use in Germany: Processes, Explanations and the Role of Law (January 24, 2013). Journal of Environmental Law, January 24, 2013 , Available at SSRN: https://ssrn.com/abstract=2209027

Gerd Winter (Contact Author)

University of Bremen Faculty of Law ( email )

Universitaetsallee GW I
Bremen, 28365
Germany
0049 421 21866102 (Phone)
0049 421 21866099 (Fax)

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