The Relations of Nuclear Energy Investment Agreements with Human Rights

The energy shortage is prodigious, and getting worse by the day. Mankind has been searching for new energy sources for centuries, and this need has increased considerably in the 21st century. Nuclear energy is emphatically presented as the solution fort his problem. Nuclear energy have a lot of advantages such as increasing employment, decreasing foreign dependence on energy, the cheapness of nuclear energy. On the other hand, nuclear energy is perceived as controversial because of the health and environmental risks associated with it.

Energy investments, especially nuclear energy investments, have become a requirement in every country. In order to build nuclear energy infrastructure in developing countries, foreign investors are necessary. This requirement could be provided thanks to nuclear energy investment agreements. It is of great importance that the content of the investment agreements to be signed between the host state and foreign investors be prepared in consideration of every detail. Because, unlike other energy investment agreements in nuclear energy investment agreements, complex issues such as nuclear safety, radioactive waste management, and radiological protection need to be considered. At the same time, nuclear energy investment agreements contains provisions regarding trade, investment protection, energy transit and efficiency, as well as environmental protection and dispute resolution. Generally, very important negative effects of nuclear energy investment agreements on the establishment and operation of nuclear power plants can arise. First of all, people living in that country have the right to live in a healthy environment. Although the security measures are kept at the top level in the areas where the nuclear power plants are located, the threat of pollution of the region near the power plant and the negative influences of the resources and threats that may arise from the power plant vulnerabilities or coercive reasons always violate the right of the people of the region to live in a healthy environment. Moreover, the realization of such threats and causing loss of life in the region may cause violation of the right to life, which is the most fundamental right. In the guideline called “Guiding Principles on Business and Human Rights”, issued by the United Nations High Commissioner for Human Rights, States must take all necessary measures to safeguard the human rights of persons under jurisdiction to third parties, including foreign investors. In this respect, it is a requirement for states to consider the human rights of individuals under jurisdiction in the preparation of investment agreements. Within the scope of this research, the basic framework of nuclear energy investment agreements will be determined, and it will be explained how these agreements affect human rights, and as a result, the boundaries of the relation of nuclear energy agreements with human rights will be tried to be drawn. In this research, the question is how governments and foreign investors make egrements considering human rights of individuals; as well as what roles human rights can play in generating nuclear energy investment agrements. International investment law is a part of business. Therefore this research examines issues within the regulatory framework that ground the business and human rights.



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