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Title:	Compensation for nuclear damage : a comparative study between Malaysia and Japan
Authors:	Suziana Masni Majid (P90294)
Supervisor:	Salawati Mat Basir, Associate Professor Dr.
Keywords:	Public International Law Universiti Kebangsaan Malaysia--Dissertations Dissertations, Academic -- Malaysia
Issue Date:	17-Sep-2020
Description:	On 11 March 2011, Japan was hit by a 9.0 magnitude earthquake and 13.1 meters tsunami which caused the nuclear accident at the Fukushima Daiichi Nuclear Power Plant (NPP). The Malaysian public was concerned with the radiation level caused by the Fukushima nuclear accident. In response, the Atomic Energy Licensing Board (AELB) as the nuclear regulatory authority, and lead agency for nuclear and radiological disaster activated the National Radiological Emergency Centre (NREC) to continuously monitor the situation and its impact on Malaysia. Although currently Malaysia does not intend to proceed with its nuclear energy programme, Malaysia may still suffer from "transboundary nuclear damage" originating from NPP located outside of Malaysia. The Atomic Energy Licensing Act 1984 (Act 304) establishes AELB and Part IX deals extensively with nuclear liability issues. The objectives of this study are to identify the important terminologies that will trigger the application of international nuclear liability regimes (INLR); to examine the necessity of having a special regime dealing with nuclear liability; to explore the major developments in international law relating to nuclear liability; to identify and analyse the similarities and the differences between Malaysia and Japan's framework regarding nuclear regulatory authority, nuclear legislation, and mechanisms to compensate for nuclear damage; and to examine and analyse the legal challenges and the ways forward for Malaysia to deal with compensation for nuclear damage. This study is a qualitative research and the historical; comparative; critical; and analytical methods were applied in order to achieve the objectives of this study. This study recommends that Malaysia strengthens its nuclear regulatory authority, AELB in order to achieve "effective independence"; to amend Act 304 to incorporate the enhanced protections introduced by the revised INLR; to learn from Japan's experience in dealing with the Fukushima nuclear accident; and to become a party to one or more INLR.,Ph.D.
Pages:	446
Call Number:	C74 .SUZ 2020 2 tesis
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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