Brexatom and its legal consequences

Abstract

The article provides information about the legal consequences of Brexatom after the entry into force on January 1, 2021 of the Agreement between the government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for cooperation on the safe and peaceful uses of nuclear energy. After the signing of the international agreement, a new stage of relations began for the Euratom and the UK, based on the provisions of international law and the IAEA’s “soft law” norms; although the peculiarity is that, the Parties recognized the four freedoms of internal nuclear common market of the EU. At the same time, the norms of English case law and EU law also formed the basis of bilateral relations between the UK and Euratom. Settling topical legal issues such as export controls, physical protection, nuclear safety, nuclear safeguards, enrichment, reprocessing, trade, procurement of equipment and devices, supply of nuclear material, nuclear transfers, the Euratom and the UK laid the basis law for further bilateral cooperation on nuclear research and development, exchange of information and technical expertise on matters within peaceful uses of nuclear energy. However, the UK maintains its participation in a number of European programs and projects. The European Commission and the Euratom began to rebuild the legal system for the supply of nuclear materials and to make changes to the work of the European nuclear fuel cycle. Further development of relations between the Great Britain and the Euratom will depend on London’s position and interests in the world nuclear market. If there is a clash of British interests for the European nuclear market with the companies of France, the USA, China and Russia, then this will lead to the legal regulation of bilateral relations between England and Euratom only based on international law.

Keywords:

international nuclear law, European Union law, English case law, atomic energy, nuclear safety, peaceful use of nuclear energy