Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Export Controls Are Obstacle to China and India Going Green

On August 26, 2008, Forbes.com posted an article entitled "China Faces Obstacles In Nuclear Energy".  Go to the follow ing link for the full story:
http://www.forbes.com/2008/08/25/china-fuel-nuclear-cx_0826oxford.html?partner=alerts

After reading this article, I started to wonder whether export controls laws that restrict exports to countries such as India and China would also be an obstacle to these countries developing energy alternatives.  If exports of raw materials, such as uraninium, and nuclear technology are controlled, then India and China will not be able to build nuclear facilities.  So long as there is a concern over the use of nuclear waste and inputs for improper purposes, there will be controls.  If the export controls become more flexible, then the oversight and lack of sovereign control over nuclear energy production may increase.  These countries may not be willing to concede such power to an outside body and / or Western countries.

So, we may have a dilemma - how do we reduce the effects on the environment and permit developing countries such as China and India to maintain their sovereignty?

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