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Chapter 8 presents the third and final case study in the book, which considers the potential for international human rights law to address potential future harms caused by nuclear energy. The chapter explains the various ways in which nuclear energy can impact on environmental rights, from the initial mining and processing of uranium, through the operation of power plants and the long-term storage of waste material. It notes that while the most catastrophic forms of harm from nuclear energy are relatively unlikely to occur, the lower-level risks associated with waste disposal will persist for millennia. The time-scale of potential harm raises new questions about the ability of human rights law to address uncertainty and risk and the potential for due diligence and the precautionary principle to guide state decision-making in a way that adequately respects future generations’ rights. The chapter argues that not all risks of future harm should be viewed as violations of future generations’ rights, but that an appropriate framework still needs to be in place to ensure human rights risks are assessed and managed in a way that aligns with intergenerational justice.
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