ABSTRACT

This chapter analyses and presents developments in the German legal system concerning strategic decisions concerning nuclear power. Exactly 40 years ago, the German Parliament received a draft “law on the immediate extinction of nuclear installations in the Federal Republic of Germany” (the so-called Atomsperrgesetz). Since then, numerous attempts have been undertaken. Two strategic decisions were made on nuclear phase‐out and two on prolonging nuclear power plant usage. The chapter analyses legal constructs used in the laws introducing nuclear phase-outs. It also depicts international arbitration proceedings initiated against Germany for the nuclear phase-outs.