atw - International Journal for Nuclear Power | 04.2019


atw Vol. 64 (2019) | Issue 4 ı April


to assess adequately the quality of

regulatory policies and outcomes”


In examining “how the sausage is

made,” Barnett also discourses on

these procedural processes that affect

both validity and legitimacy within a

political law-making system as laws

created within that system can

potentially be “valid and illegitimate”

or “legitimate and unjust” [24]. Such

a paradoxical outcome is unfortunate

but is a consequence that the procedures

in practice do not provide the

necessary guarantees allowing the

promulgation of evenhanded laws

or rules, or because there was a failure

to adequately follow the correct procedures

in place.

The potential extended timelime of

envisioned nuclear waste management

programs demands these

programs must therefore stand firmly

on the concept of legal ‘stability’. Once

a civilian nuclear power program is

initiated, and certain milestones are

achieved, the space for deviation or

‘change’ diminishes in any nuclear

power and waste management program,

especially given that a number

of nation state’s deep geologic repositories

are not planned with retrievability

in mind. This shrinking space

for ‘change’ in a nuclear power and

waste management program is shown

in Figure 2.


1 According to Robert Higgs, “Estimates of gross domestic product

(GDP)... Became an essential part of economic analysis…

in the late 1930s and early 1940s”. See: HIGGS, R 2015,

'Gross Domestic Product – an Index of Economic Welfare or a

Meaningless Metric?', Independent Review, 20, 1, pp. 153-157,

Academic Search Premier, EBSCOhost, viewed 13 June 2017.

2 to stand by things decided.

3 From the pen of Clarence N. Goodwin.

4 Human history provides a number of examples of failed and

fallen empires. Certainly, for the western world, the collapse of

the Roman Empire is a striking and often discussed example.

Other examples might include the Arab Empire, also known as

the Caliphate, the Mongol Empire and the British Empire.

Common features leading to the decline of these empires

include a decline in the values underpinning the empire,

political corruption, and military spending. See: The Decline and

Fall of Empires,


viewed July 11, 2018.

5 An example could be provided during the breakup of the Union

of Soviet Socialist Republic in the early 1990’s. The international

community rallied to provide assistance to these nation states

to successfully retain and maintain control over their nuclear

power plants, enrichment capabilities, as well as other fundamental

aspects of both their civilian and/or military nuclear

programs. However, these states as such did not cease to exist

and this was more of a transition between political systems,

while the central government structure was maintained. See:

Hill, F and Jewett, P “BACK IN THE USSR” Russia's Intervention in

the Internal Affairs Of the Former Soviet Republics and the Implications

for United States Policy Toward Russia, January 1994,

Back-in-the-USSR-1994.pdf, viewed June 15, 2018. Also see:

Allison, Graham. 2012. What Happened to the Soviet Superpower’s

Nuclear Arsenal? Clues for the Nuclear Security Summit.

HKS Faculty Research Working Paper Series RWP12- 038, John

F. Kennedy School of Government, Harvard University, https://, viewed July 11, 2018.


[1] Dauvergne, P, & BL Farias, D 2012, ‘The Rise of Brazil as a

Global Development Power’, Third World Quarterly, 33, 5,

pp. 903-917, Academic Search Premier, EBSCOhost, viewed

18 April 2018.

[2] World Energy Outlook 2017, International Energy Agency,, viewed April 19, 2018.

[3] Nuclear Power in China, World Nuclear Association, http://

China--Nuclear-Power, viewed April 21, 2018.

[4] China’s Engagement in Global Energy Governance, International

Energy Agency,



Englishversion.pdf, viewed April 20, 2018.

[5] Nuclear Power in Brazil, World Nuclear Association,

Countries-A-F/Brazil/, viewed April 21, 2018.

[6] Nuclear Power in India, World Nuclear Association, http://

G-N/India/, viewed April 21, 2018.

[7] Boosting the Power Sector in Sub-Saharan Africa, International

Energy Agency,



Chinas_Involvement.pdf, viewed April 20, 2018.

[8] Sanders, M, & Sanders, C 2016, ‘A world’s dilemma ‘upon

which the sun never sets’ – The nuclear waste management

strategy (part I): Western European Nation States and the

United States of America’, Progress In Nuclear Energy, 90, pp.

69-97, Academic Search Premier, EBSCOhost, viewed 16 April


[9] Pronto, AN 2015, ‘Understanding the Hard/Soft Distinction in

International Law’, Vanderbilt Journal Of Transnational Law,

48, 4, pp. 941-956, Academic Search Premier, EBSCOhost,

viewed 13 June 2017.

[10] Duderstadt, J.J., and Hamilton, L.J., Nuclear Reactor Analysis,

John Wiley & Sons, ISBN 0-471-22363-8, 1976.

[11] Williams, Jerre S. “Stability and Change in Constitutional

Law,” Vanderbilt Law Review vol. 17, no. 1 (December 1963):

p. 221-238.

[12] Cambridge Dictionary,

dictionary/english/stability, viewed April 15, 2018.


Thomson West; 8 th edition (June 1, 2004), ISBN-10:


[14] McKay, Robert B. “Stability and Change in Constitutional

Law,” Vanderbilt Law Review vol. 17, no. 1 (December 1963):

p. 203-220.


[16] “Efficiency, Stability,” Bar Briefs 8 (1931-1932):

p. 166-166.

[17] Posner, Richard A. “Equality, Wealth, and Political Stability,”

Journal of Law, Economics, & Organization vol. 13,

no. 2 (October 1997): p. 344-365.

[18] Thacher, Thomas D. “Judicial Stability,” Connecticut Bar

Journal vol. 13, no. 4 (October 1939): p. 215-219.

[19] Walker, Henry A.; Thomas, George M.; Zelditch, Morris Jr.

“ Legitimation, Endorsement, and Stability,” Social Forces

vol. 64, no. 3 (March 1986): p. 620-643.

[20] Francis, Daniel. “Exit Legitimacy,” Vanderbilt Journal of

Transnational Law vol. 50, no. 2 (March 2017): p. 297-354.

[21] Le Sueur, Andrew, 2011. People as “users” and citizens”:

the quest for legitimacy in British public administration.

In: Ruffert, Matthias (Ed.), Legitimacy in European

Administrative Law 3. Europe Law Publishing, Groningen,

pp. 30.

[22] M.C. Sanders and C.E. Sanders, “The Path Towards a

Legitimate Radioactive Waste Management Program:

A Comparative Analysis of the Legislative and Regulatory

Approach to the Management of Radioactive Waste in the

U.S.A. and China”, Proceedings of the International Nuclear

Law Association Inter Jura 2016, New Delhi, India,

November 7-11, 2016.

[23] Wisotsky, Steven. “Beyond Legitimacy,” University of

Miami Law Review vol. 33, no. 1 (November 1978):

p. 173-206.

[24] Barnett, Randy E. “Constitutional Legitimacy,” Columbia Law

Review vol. 103, no. 1 (January 2003): p. 111-148.

[25] Langdal, Fredrik; von Sydow, Goran. “Democracy, Legitimacy

and Constitutionalism,” Scandinavian Studies in Law 52

(2007): p. 351-370.

[26] Arkush, David. “Democracy and Administrative Legitimacy,”

Wake Forest Law Review vol. 47, no. 3 (2012):

p. 611-630.


Mark Callis Sanders

Sanders Engineering

1350 E. Flamingo Road Ste.

13B #290

Las Vegas NV 89119


Charlotta E. Sanders

Department of Mechanical


University of Nevada

Las Vegas (UNLV)

4505 S. Maryland Pwky

Las Vegas, NV 89154


Decommissioning and Waste Management

A World’s Dilemma ‘Upon Which the Sun Never Sets’: The Nuclear Waste Management Strategy: Russia, Asia and the Southern Hemisphere Part I

ı Mark Callis Sanders and Charlotta E. Sanders

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