Public Participation and Nuclear Development: A Shaky Tandem

This article investigates the tensions between public participation and its three-pillar structure and the development of nuclear energy taking into account the specific characteristics of the energy source. The approach is a mixed one- using a doctrinal analysis of the texts of the Aarhus and Espoo Conventions, zooming in also on case-law from the Aarhus Convention Compliance Committee and the Espoo Implementation Committee as well as using a socio-legal approach to public participation. This paper finds four main areas where there are tensions between public participation and nuclear energy development, namely: transparency, identifying the public concerned (especially in a transboundary context), early commencement of the participation procedures, and taking due account of the outcomes of the participation procedure.