Author
Özkan, Hasan Basri
Publication Date
2024-08-30T14:59:30Z
Subject
Law, Turkey
Type
Document
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Record ID
d3e5cf75-bd48-41b9-96a6-3486877f6971
Library Location
Department of Public Law
Date
2024-08-30T14:59:30Z
Sample Text
Critical infrastructures are facility and system elements that, if damaged or dysfunctional, will cause serious problems in the normal flow of economic, commercial, political and social life, and will shake social order and national security. As a result of the criteria and analyzes made by High Reliability Institutions, nuclear power plants, with all their equipment and attachments, have taken their place among critical infrastructures. It is aimed to ensure the critical infrastructure security of nuclear power plants through international agreements and standards brought by international regulatory organizations. The implementation of advisory international instruments will contribute to the codification of soft law over time by improving the nuclear safety culture. When the provisions of international law instruments are violated, states and international non-governmental organizations will have legal liability that can be claimed by everyone concerned, as nuclear disasters that may occur may cause damage that will last for generations. Since the right to live in a healthy environment is defined as a human right, natural persons may also have the capacity to be a party to legal disputes regarding nuclear matters. Thus, all subjects in the modern definition of international law will be represented in nuclear security law. Damages caused by states and nuclear power plant operators to third parties for this reason can be compensated on the basis of the SPA unit within the limits of the insurance funds determined by international agreements. Key Words: International Law, Nuclear Energy, Critical Infrastructure, Security, Safety, State Responsibility, Operator Liability, IAEA,UEA, EURATOM, UN, Human Rights, Erga Omnes., Critical infrastructures are facilities and system elements that will cause grave problems in the normal flow of economic, commercial, political and social life, and will undermine the public order and national security if they are damaged or become dysfunctional. As a result of the criteria and analyzes brought by High Reliability Organizations, nuclear power plants have taken their place among critical infrastructures with all their equipment and annexes. Through international agreements and standards introduced by international regulatory institutions, it is aimed to ensure the critical infrastructure security of nuclear power plants. The implementation of advisory international instruments will contribute to the codification of soft law over time by improving the culture of nuclear security. Once the provisions of international legal instruments are violated, nuclear disasters may cause damage that will last for generations. Then the legal responsibility of states and international organizations that can be claimed by every legal person involved will occur. Since the right of living in a healthy environment is defined among human rights, individuals may also have the capacity to be a party in legal disputes on nuclear issues. Thus, all subjects in the modern definition of international law will be represented in nuclear security law. The damages caused by the states and nuclear power plant operators to third parties can be compensated on the basis of the SDR payment unit within the limits of the insurance funds determined by international agreements. Keywords: International Law, Nuclear Energy, Critical Infrastructure, Security, Safety, State Responsibility, Operator's Responsibility, IAEA, IEA, EURATOM, UN, Human Rights, Erga Omnes.
