State decisions regarding a repository for high-level radioactive waste have an extraordinary intergenerational significance. The academic legal discussion has increasingly strengthened the status of future generations in constitutional law. In its recent decision on the German Climate Protection Act, the Federal Constitutional Court equally emphasised that state actors have an obligation to protect future generations. Fundamental rights of future generations thus have an anticipated effect in the present.

Two Andean countries – Ecuador and Bolivia – have politically recognized the rights of nature, an idea that is also gaining traction at the sub-federal in the United States. The origins of the concept can be traced to the cultures of indigenous peoples of the Americas as well as to the work of American legal scholar Christopher Stone. Recognition of nature’s rights holds out the possibility of an alternative approach to environmental management and politics, as well as to a fundamentally redefined relationship between nature and society.

After decades of preparation, the final disposal of spent nuclear fuel has reached the construction stage in Finland, and the neighboring Sweden is likely to soon follow in the footsteps. These Nordic countries rely on a similar technical concept based on passive safety, advocated as a means of minimizing the burden to future generations. The scholarly literature on the ethics of nuclear waste management has thus far paid little attention to the views of the broader publics on the associated ethical challenges.

With the termination of the Yucca Mountain project, which was proposed to be our nation’s first repository for the disposal of military and civilian spent nuclear fuel and high-level radioactive waste, the future of nuclear waste management and disposal in this country became increasingly uncertain. Interim storage has been advocated by many as a temporary solution while a permanent solution is studied for potentially several more decades to come.

Nuclear waste management seems to exist in a perpetual state of crises. For 50 years the nuclear states of the world have fought, and generally lost, the battle to deal with the nuclear waste problem. Worldwide, there is a growing acknowledgement within industry and government that social and ethical issues are just as important as technical issues when developing safe programs for nuclear waste management. This paper is a review of some of the outstanding social and ethical issues that are influencing discussions on nuclear waste management around the world.

In October 2022, the NEA Forum on Stakeholder Confidence (FSC) organised, in collaboration with the Belgian Agency for Radioactive Waste and Enriched Fissile Materials (ONDRAF/NIRAS), a national workshop in Dessel, Belgium, to explore the topic of stakeholder involvement across generations.

Building on previous work on this topic, participants gathered to discuss how to keep local communities involved in radioactive waste management after site selection, how to engage youth as key stakeholders and which approaches can be used to communicate with stakeholders now and in the future.

Intergenerational justice is an inherent component of nuclear waste management. By looking at challenges of intergenerational justice at various stages of the repository siting process, the following thesis is discussed: Current generations can anticipate notions of intergenerational justice by applying high procedural standards to enable equitable distribution between generations and thus adequately recognize the needs of future generations. Applying high standards in this context means a constantly critical, reflexive, and open process, without bias or selfishness.

Purpose of Review: The nuclear power industry started in the 1950s and has now reached a phase of disposing high-level nuclear waste. Since the 1980s, the United Nations has developed a concept of sustainable development and governments have accordingly made ethical commitments to take responsibility towards future generations. The purpose of this review is to examine ethical dilemmas related to high-level nuclear waste disposal in a long-term perspective including potential access to the waste in the future.

Final disposal of spent nuclear fuel (SNF) from nuclear power plants (NPPs) is an ethical issue with implications within and across generations. We address this issue from the perspective of nuclear communities that host nuclear waste disposal sites. These are primarily the communities that face injustice due to the potential radiological risks. A resident survey (n = 454) was conducted in two Finnish nuclear communities, i.e. Eurajoki and Pyhäjoki, that are being considered as alternative sites for a second repository for SNF.