El dilema de la seguridad: riesgo, tecnología y garantía de suministro en el Derecho nuclear

Identifier:  TDX:2914

Handle: https://hdl.handle.net/20.500.11797/TDX2914

Authors:  Guirado Espinosa, Miguel Ángel

Abstract:
To sustain our social welfare model, it is necessary, in addition to the growing use of natural resources, technological development that has resulted in the appearance of risks whose materialization could lead to unknown effects even for expert institutions. Particularly, with nuclear energy the human being has discovered a potential capable of destroying life as we know it. This activity has involved the use of legal instruments such as the precautionary principle or technical clauses, particularly designed for the protection, above all, of fundamental rights such as the right to life and physical integrity, as well as legal rights such as environment. However, the applicability of these instruments in relation to the risks and uncertainties arising is not without difficulty, given the positive nature of our legal system and the uncertainty that sometimes involves the use of highly advanced and partially unknown technologies. The theme of this thesis corresponds to the particular analysis of the precautionary principle in relation to nuclear energy.