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Sample records for nuclear damage, vienna civil liability convention

  1. Vienna convention on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1996-01-01

    The Vienna Convention on Civil Liability for Nuclear Damage was adopted on 21 May 1963 and was opened for signature on the same day. It entered into force on 12 November 1977, i.e. three months after the date of deposit with the Director General of the fifth instrument of ratification, in accordance with Article 23

  2. Vienna convention on civil liability for nuclear damage

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1996-03-20

    The Vienna Convention on Civil Liability for Nuclear Damage was adopted on 21 May 1963 and was opened for signature on the same day. It entered into force on 12 November 1977, i.e. three months after the date of deposit with the Director General of the fifth instrument of ratification, in accordance with Article 23.

  3. Protocol to amend the Vienna convention on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1998-01-01

    The document reproduces the text of the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage which was adopted by a Diplomatic Conference, 8-12 September 1997, and the consolidated text of the 1963 Vienna Convention as amended by the Protocol

  4. Protocol to amend the Vienna convention on civil liability for nuclear damage

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1998-07-22

    The document reproduces the text of the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage which was adopted by a Diplomatic Conference, 8-12 September 1997, and the consolidated text of the 1963 Vienna Convention as amended by the Protocol

  5. Civil liability for nuclear damage: selected questions connected with the revision of the Vienna Convention

    International Nuclear Information System (INIS)

    Lopuski, J.

    1993-01-01

    This paper concentrates on certain issues raised by the revision of the Vienna Convention. After a general theoretical review of the risk of and the responsibility for nuclear activities in the existing international civil liability regime, the author analyzes the concept of liability, its extent - whether nuclear liability can be absolute and refers to the possible exonerations - and the channelling of risk and liability in this field. The potential sources of compensation and funds for the operator's liability are also taken into consideration. The author also proposes several solutions taking into account the similar systems already established by other international conventions in force, mainly in the maritime field. 14 refs

  6. Protocol to amend the Vienna convention on civil liability for nuclear damage. Convention on supplementary compensation for nuclear damage. Final act

    International Nuclear Information System (INIS)

    1998-01-01

    The document reproduces the Final Act of the Diplomatic Conference held in Vienna between 8-12 September 1997 which adopted the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage, and the Convention on Supplementary Compensation for Nuclear Damage

  7. Protocol to amend the Vienna convention on civil liability for nuclear damage. Convention on supplementary compensation for nuclear damage. Final act

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1998-07-23

    The document reproduces the Final Act of the Diplomatic Conference held in Vienna between 8-12 September 1997 which adopted the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage, and the Convention on Supplementary Compensation for Nuclear Damage

  8. Optional Protocol concerning the compulsory settlement of disputes to the Vienna Convention on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1999-01-01

    The document reproduces the text of the Optional Protocol Concerning the Compulsory Settlement of Disputes to the Vienna Convention on Civil Liability for Nuclear Damage which was adopted on 21 May 1963 by the International Conference held in Vienna from 29 April to 19 May 1963. It came into force on 13 May 1999

  9. Vienna convention on civil liability for nuclear damage. Signatures, ratifications, accessions and successions and text of reservations/declarations. Status as of 31 December 1996

    International Nuclear Information System (INIS)

    1997-01-01

    The document refers to the Vienna Convention on Civil Liability for Nuclear Damage (IAEA-INFCIRC-500), giving the status of signatures, ratifications, accessions and successions, and the texts of reservations/declarations as of 31 December 1996

  10. Vienna convention on civil liability for nuclear damage. Signatures, ratifications, accessions and successions and text of reservations/declarations. Status as of 31 December 1996

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-02-28

    The document refers to the Vienna Convention on Civil Liability for Nuclear Damage (IAEA-INFCIRC-500), giving the status of signatures, ratifications, accessions and successions, and the texts of reservations/declarations as of 31 December 1996.

  11. A bridge between two conventions on civil liability for nuclear damage: The Joint Protocol relating to the application of the Vienna Convention and the Paris Convention

    International Nuclear Information System (INIS)

    Busekist, Otto von

    2006-01-01

    The adoption of the Joint Protocol and its signature on 21 September 1988, at the closure of the diplomatic conference jointly convened in Vienna by the IAEA and the NEA, was hailed as landmark in efforts towards the establishment of a comprehensive civil nuclear liability regime. The importance of liability and compensation for transfrontier damage caused by a nuclear incident is indeed one of the lessons learned from the Chernobyl accident. The present article attempts to describe the history of the Joint Protocol during the many years it took to develop this link between the two conventions, to provide comment on its objectives and content, and to discuss some important questions related to its application

  12. A bridge between two Conventions on civil liability for nuclear damage: the Joint protocol Relating to the application of the Vienna Convention and the Paris Convention

    International Nuclear Information System (INIS)

    Busekist, O. von.

    1989-01-01

    The adoption of the Joint-Protocol and its signature on 21 September 1988, at the closure of the diplomatic conference jointly convened in Vienna by the IAEA and NEA, was hailed as a landmark in efforts towards the establishment of a comprehensive civil nuclear liability regime. The importance of liability and compensation for transfrontier damage caused by a nuclear incident is indeed one of the lessons learned from the Chernobyl accident. This article describes the history of the Joint Protocol during the many years it took to develop this link between the two Conventions, provides a comment on its objectives and content, and discusses some important questions related to its application. (NEA) [fr

  13. The new definition of nuclear damage in the 1997 protocol to amend the 1963 vienna convention on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    Soljan, V.

    2000-01-01

    This communication analyzes the content and the impact of the new definition of nuclear damage contented in the amendment protocol of the Vienna Convention relative to the civil liability in the 1963 Convention. Having in mind the experience of the Three Mile Island and Chernobyl accidents, it is demonstrated that the costs of preventive measures, damage to the environment and economic loss may constitute substantial portions of the total damage following a nuclear accident. Then, the new definition is studied in detail, on insisting on the notion of economic loss. A development is devoted to the question of damage to the environment. The preventive measures are studied and their conditions of the compensation receivability evoked with the criteria of reasonable measures. (N.C.)

  14. Nuclear damage - civil liability

    International Nuclear Information System (INIS)

    Simoes, A.C.

    1980-01-01

    An analysis is made of the civil liability for nuclear damage since there is a need to adjust the existing rules to the new situations created. The conventions that set up the new disciplining rules not considered in the common law for the liability of nuclear damage are also mentioned. (A.L.) [pt

  15. Civil liability versus state liability in case of a nuclear incident - some thoughts inspired by the Vienna Convention revision exercise

    International Nuclear Information System (INIS)

    Reyners, P.

    1992-01-01

    The juridical reconstruction involved in the current work in the International Atomic Energy Agency (IAEA) for revision of the Vienna Convention on Civil Liability for Nuclear Damage is not simply a matter of re-surfacing the edifice of private law liability. It has also led certain architects to draw up plans for the foundations of a regime of State responsibility in this field, based on the strict liability of States to compensate for transfrontier damage. Following the post-Chernobyl stocktaking by the author and Otto von Busckist for the Tokyo Congress in 1989, this report sets out to analyse the question of the implementation of States' liability in the case of a nuclear accident, from the viewpoints of positive law, the work of the International Law Commission and specific aspects linked to the nuclear risk. It also examines the proposals in this regard deposited with the IAEA Standing Committee on Liability for Nuclear Damage. (author)

  16. Civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1963-01-01

    An international Convention on Civil Liability for Nuclear Damage was adopted in Vienna on 19 May 1963 by a sixty-nation conference convened by the International Atomic Energy Agency. The Convention, which is subject to ratification by the States signing it, will come into force three months after the deposit of the fifth instrument of ratification. The Convention is designee only to establish minimum rules regarding civil liability for nuclear damage; it may thus well be described as a framework convention, the main provisions of which represent the essential common denomination acceptable to as many States as possible. It leaves wide scope for national legislation and regional arrangements with a view to implementing these provisions The Convention does not purport to create a uniform civil law in this field, but it contains the minimal essential for protection of the public and forms the legal basis for uniform world-wide liability rules

  17. Liability for nuclear damage: an international perspective. Reflections on the revision of the Vienna Convention

    International Nuclear Information System (INIS)

    Lopuski, J.

    1993-01-01

    This book deals with deals of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on his experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may not be fully intelligible for those who have not participated in or closely followed the Committee's work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world's public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states has been manifested. After three years of discussions no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structure of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issue, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author)

  18. International conventions on civil liability for nuclear damage. Revised 1976 ed.

    International Nuclear Information System (INIS)

    1976-01-01

    This revised edition contains the texts of the following multilateral conventions and instruments concerning civil liability for nuclear damage: The Vienna Convention of 21 May 1963 on Civil Liability for Nuclear Damage; The Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy (incorporating the provisions of the Additional Protocol of 28 January 1964); The Brussels Convention of 31 January 1963; Supplementary to the Paris Convention of 29 July 1960 (and incorporating the provisions of the Additional Protocol signed in Paris on 28 January 1964); and the Brussels Convention of 25 May 1962 on the Liability of Operators of Nuclear Ships. Final Act and Resolutions of the International Conference on Civil Liability for Nuclear Damage, held in Vienna from 29 April to 19 May 1963; Final Act of the International Legal Conference on Maritime Carriage of Nuclear Substances, held in Brussels from 29 November to 2 December 1971; and Convention Relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material, adopted at Brussels on 17 December 1971

  19. Liability for nuclear damage: an international perspective. Reflections on the revision of the Vienna Convention

    Energy Technology Data Exchange (ETDEWEB)

    Lopuski, J

    1994-12-31

    This book deals with deals of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on his experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may not be fully intelligible for those who have not participated in or closely followed the Committee`s work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world`s public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states has been manifested. After three years of discussions no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structure of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issue, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author).

  20. Liability for nuclear damage: an international perspective. Reflections on the revision of the Vienna Convention

    Energy Technology Data Exchange (ETDEWEB)

    Lopuski, J.

    1993-12-31

    This book deals with deals of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on his experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may not be fully intelligible for those who have not participated in or closely followed the Committee`s work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world`s public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states has been manifested. After three years of discussions no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structure of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issue, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author).

  1. Vienna convention on civil liability for nuclear damage and optional protocol concerning the compulsory settlement of disputes. Status lists as of 12 September 2000. Signature, ratification, accession, or succession. Declarations/reservations made upon expressing consent to be bound and objections thereto. Declarations/reservations made upon signature

    International Nuclear Information System (INIS)

    2000-01-01

    The document provides the status list to the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage and optional protocol concerning the compulsory settlement of disputes as of 12 September 2000

  2. Paris and Vienna nuclear liability conventions: challenges for insurers

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    2004-01-01

    Insurers have actively contributed to the negotiations on the revision of the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third Party Liability in the Field of Nuclear Energy. In the course of these negotiations they have pointed out that some of the proposals for revision may have consequences for insurers and could prove incapable of finding insurance support. This paper aims at explaining the revision related points, which could cause problems in respect of insurability. Furthermore, the writer takes the liberty to expand its scope to more generally include developments, which have the potential to influence the availability of insurance capacity. Therefore, also the insurance implications of terrorist acts combined with share market developments of recent years will be dealt with.(author)

  3. Transfrontier nuclear civil liability without international conventions

    International Nuclear Information System (INIS)

    Dogauchi, M.

    1992-01-01

    Japan is not a contracting party of any international convention in the field of nuclear civil liability, and neither are other east Asian countries who have or will soon have nuclear plants. Therefore, the ordinary rules on private international law will play an important role in dealing with transfrontier nuclear civil liability. Above all, the problems on judicial jurisdiction and governing law are crucial points. With regard to the relations between the above countries and the countries whose legal systems are within the framework of Paris or Vienna Conventions, geographical scopes of these conventions are to be considered. There are two different parts in the international civil liability conventions: uniform civil liability law and mutual funds. As to the first, it is important that, even without the conventions, the basic structure of the nuclear civil liability laws in non-member countries are almost the same with those of members. In any event, considering that the establishment of a single international regime to cover all countries will be hardly possible, legal consequences under the private international law will be explored. (author)

  4. The 1968 Brussels convention and liability for nuclear damage

    International Nuclear Information System (INIS)

    Sands, Ph.; Galizzi, P.

    2000-01-01

    The legal regime governing civil liability for transboundary nuclear damage is expressly addressed by two instruments adopted in the 1960's: the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy and the 1963 Vienna Convention on Civil Liability for Nuclear Damage These establish particular rules governing the jurisdiction of national courts and other matters, including channelling of liability to nuclear operators, definitions of nuclear damage, the applicable standard of care, and limitations on liability. Another instrument - the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters (hereinafter referred to as 'the Brussels Convention') - which is not often mentioned in the nuclear context will nevertheless also be applicable in certain cases. It is premised upon different rules as to forum and applicable law, and presents an alternate vision of the appropriate arrangements governing civil liability for nuclear damage. In this paper we consider the relative merits and demerits of the Brussels Convention from the perspective of non-nuclear states which might suffer damage as a result of a nuclear accident in another state. We conclude that in the context of the applicability of the Brussels Convention the dedicated nuclear liability conventions present few attractions to non-nuclear states in Europe. We focus in particular on issues relating to jurisdiction and applicable law, and do so by reference to a hypothetical accident in the United Kingdom which has transboundary effects in Ireland. (author)

  5. Liability for nuclear damage and compensation therefor

    International Nuclear Information System (INIS)

    Prochazkova, D.

    1996-01-01

    The basic principles are outlined of the Paris Convention on Third Party Liability in the Field of Nuclear Energy, the Brussels Convention Supplementary to the Paris Convention, the Vienna Convention on Civil Liability for Nuclear Damage, and the Joint Protocol Relating to the Application of the Paris Convention and the Vienna Convention. (P.A.)

  6. Nuclear liability: Joint protocol relating to the application of the Vienna Convention and the Paris Convention, 1988

    International Nuclear Information System (INIS)

    1989-10-01

    The Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention was adopted by the Conference on the Relationship between the Paris Convention and the Vienna Convention, which met in Vienna, at the Headquarters of the International Atomic Energy Agency on 21 September 1988. The Joint Protocol establishes a link between the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 and the Vienna Convention on Civil Liability for Nuclear Damage of 1963. The Joint Protocol will extend to the States adhering to it the coverage of the two Conventions. It will also resolve potential conflicts of law, which could result from the simultaneous application of the two Conventions to the same nuclear accident. The Conference on the Relationship between the Paris Convention and the Vienna Convention was jointly organized by the International Atomic Energy Agency and the OECD Nuclear Energy Agency. This publication contains the text of the Final Act of the Conference in the six authentic languages, the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention, also in the six authentic languages and an explanatory note, prepared by the IAEA and NEA Secretariats, providing background information on the content of the Joint Protocol

  7. Concepts of nuclear liability revisited: a post-Chernobyl assessment of the Paris and the Vienna Conventions

    International Nuclear Information System (INIS)

    Pelzer, Norbert

    1988-01-01

    The accident at Chernobyl caused evident damage to third parties. Nuclear third party liability law was applicable. It is thus timely to reassess the concept of the international civil nuclear liability regulations, with special reference to the accident and the proceedings which resulted from it. The first section deals with the basis of liability - the origin and development of the Paris and Vienna Conventions, various aspects of liability and international implementation of the Convention. The second part considers the limitations on the liability and the third part looks at recent developments and future prospects which include the draft of a joint protocol. (U.K.)

  8. Civil liability for nuclear and radiological damage

    International Nuclear Information System (INIS)

    Puig, D.

    2001-10-01

    The present work gives details of the nuclear damage, the accidents of Chernobil, three Mile Inland and Tokaimura with their respective legal consequences, the nature of the responsibility and bases for their establishment, conventions about civil responsibility for nuclear damages to regional and world level as well as other condition of conventions of the Ibero-American countries with regard to the approval of the conventions it has more than enough civil responsibility for nuclear and radiological accident damages

  9. Revised Paris and Vienna Nuclear Liability Conventions - Challenges for Nuclear Insurers

    International Nuclear Information System (INIS)

    Tetley, M.

    2006-01-01

    The revisions recently implemented to both the Vienna and Paris nuclear liability Conventions are intended to widen significantly the amount and scope of compensation payable in the event of a nuclear accident. Whilst this is a laudable objective, the final extent of the revisions leaves nuclear site operators and their insurers with greater uncertainty as a result of the wider and unquantifiable nature of some aspects of the revised nuclear damage definition, in particular where reference is made to environmental reinstatement and extended prescription periods. Incorporating broader definitions in the Convention revisions will therefore leave gaps in the insurance cover where insurers are unable to insure the new, wider scope of cover. If no insurance is available, then the liability for the revised scope of cover must fall upon either the operator or the national Government. This presentation will give an overview of where and why the major gaps in nuclear liability insurance cover will occur in the revised Conventions; it will also examine the problems in defining the revised scope of cover and will look at where these unquantifiable risks should now reside, to ensure there is equity between the liabilities imposed on the nuclear industry and those imposed on other industrial sectors. (author)

  10. Vienna Convention and Its Revision and convention on Supplementary Compensation for Nuclear Damage on September 12, 1997

    International Nuclear Information System (INIS)

    Soljan, V.

    1998-01-01

    After Chernobyl, the perception of common interest in modernization of the international regime that regulate various aspects of nuclear energy, has been evident among states with nuclear power plants as well as those likely to be involved in or affected by a nuclear incident. The adoption of the protocol Amending the Vienna Convention on Civil liability for Nuclear Damage, 1963 and the Convention on Supplementary Compensation for nuclear damage in September 1997, represents important part of the entire result that has been achieved from the 1986. This article gives a brief survey on the background of the process of modernization of the international regime of liability for nuclear damage and examines solutions contained in the provisions of the conventions. (author)

  11. Nuclear civil liability international system. Evolution prospects

    International Nuclear Information System (INIS)

    Reyners, P.

    1996-01-01

    This paper sets out the necessity of a special system of international conventions in the scope of nuclear civil liability. Then the main principles of the conventions in Paris and Vienna are described. Recently, works have been carried out in order to improve and modernize the civil liability system. (TEC). 4 tabs

  12. Draft Federal Act of the Russian Federation 'The Civil Liability for Nuclear Damage and its Financial Security'

    International Nuclear Information System (INIS)

    Lebedeva, Yulia

    2014-01-01

    The use of nuclear power by states in the modern world requires supplements to international law through the development of national legislation on civil liability for nuclear damage and compensation. The situation in the Russian Federation is no exception. Russian law on civil liability for nuclear damage has not fully evolved, and currently, there is no specific law covering liability for nuclear damage, nor is there a law regarding the financial and insurance mechanisms for compensation. Instead, the current laws establish a state system of benefits and compensation for damage to health and property of citizens. Since 1996, Russia has been actively working to develop a draft federal act to cover liability for nuclear damage. A bill was first introduced in the State Duma of the Federal Assembly of the Russian Federation on 16 July 1996, and was originally called 'The Compensation for Nuclear Damage and Nuclear Insurance'. In 1997, the official representative of the Government of the Russian Federation, Head of Russian Federal Inspectorate for Nuclear and Radiation Safety, Yuri Vishnevsky, was appointed to present this bill for discussion in the chambers of the Federal Assembly of the Russian Federation. In September 1998, the State Duma rejected the draft federal act and instead adopted in the first reading a different draft federal act: No. 96700118-2, 'The Civil Liability for Nuclear Damage and its Financial Security' ('the bill'). In this case, the State Duma Committee on Ecology was charged with incorporating the incoming amendments into a final bill and submitting it to the State Duma for a second reading. In 2005, Russia ratified the Vienna Convention on Civil Liability for Nuclear Damage. This ratification required significant amendments to 'The Civil Liability for Nuclear Damage and its Financial Security' bill. But, even though the Russian Federation had not yet ratified the Vienna Convention, the drafters were still careful to take into account the

  13. The protection against nuclear risks under the international nuclear liability law: the geographical and technical scope of the international conventions on third party liability for nuclear damage

    International Nuclear Information System (INIS)

    Kissich, S.J.

    2001-10-01

    This Ph.D.-research deals with the International Conventions on Third Party Liability for Nuclear Damage. In 1960, the Paris Convention was established with the aim of providing a special uniform nuclear third party liability regime for Western Europe. This Convention was supplemented in 1963 by the Brussels Supplementary Convention. Also in 1963, the Vienna Convention, which aimed to establish a world-wide system based on the same principles as the Paris Convention, was adopted. A further Convention was adopted in 1971 to ensure that nuclear third party liability law and not maritime law would apply to carriage of nuclear materials by sea. In 1988, the Paris and Vienna Conventions have been linked by the adoption of a Joint Protocol. In 1997, the process of amending the 1963 Vienna Convention was successfully concluded and a Convention on Supplementary Compensation was adopted. This Ph.D.-research consists of seven chapters: following an introduction, the second chapter gives a general view of the existing international legal sources. The third chapter describes the international civil nuclear liability law concept and its leading principles. The main element of this work is the question of the technical and geographical scope of the international nuclear liability conventions (chapter IV and V). The conventions are only applicable to nuclear incidents, which occur in a nuclear installation or incidental to the carriage or storage of nuclear material. The nuclear damage must arise out of the radioactive properties of nuclear substances which are also defined by legal terms. In addition, the scope of the conventions is limited by the nature of the installations. The geographical scope of application is established by the provisions on geographical coverage. Only the 1963 Vienna Convention does not contain any specific provision dealing with the territorial scope of its application. The geographical scope determines where the nuclear incident or the nuclear damage

  14. Civil liability: quantitative and qualitative limitations analysis in the occurrence of a nuclear disaster in view of international conventions

    International Nuclear Information System (INIS)

    Eiras, S.A.

    1994-01-01

    The Paris and Vienna Conventions were involved to establish the liability regime aiming the public protection without decrease in the development at nuclear area. The proposal of this work is to discuss the lacks and limitations of these to both Brazilian reality and Brazilian legislation, and analyze limitations in civil liability in the occurrence of nuclear disaster. (author). 7 refs, 1 tab

  15. Civil liability for nuclear damage law

    International Nuclear Information System (INIS)

    1974-01-01

    This Law has as its main objective to regulate civic responsability on damages or injuries that may be brought about by the usage of nuclear reactors and the use of nuclear substances or fuels and their consecuent wastes. The text of this law is consituted by 5 chapters that deal with the following subjects: CHAPTER ONE.- Objective and Definitions. CHAPTER TWO.-On Civic Responsability on Nuclear Damages or Injuries. CHAPTER THREE.- On the Limits of Responsability. CHAPTER FOUR.- On Prescription. CHAPTER FIVE.- General Regulations Concepts such as the following are defined concretely and precisely: Nuclear Accident, Nuclear Damage or Injury, Atomic Energy, Operator of a Nuclear Facility, Nuclear Facility, Radioactive Product or Waste Material, Nuclear Reactor, Nuclear Substances Remittance and Hazardous Nuclear Substance

  16. Convention on supplementary compensation for nuclear damage

    International Nuclear Information System (INIS)

    Chinese Nuclear Society, Beijing; U.S. Nuclear Energy Institute

    2000-01-01

    The Contracting parties recognize the importance of the measures provided in the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third party liability in the Field of Nuclear Energy as well as in national legislation on compensation for nuclear damage consistent with the principles of these conventions. The Contracting parties desire to establish a worldwide liability regime to supplement and enhance these measures with a view to increasing the amount of compensation for nuclear damage and encourage regional and global co-operation to promote a higher level of nuclear safety in accordance with the principle of international partnership and solidarity

  17. Civil liability and nuclear coverage: synthesis report

    International Nuclear Information System (INIS)

    1995-01-01

    The report has been written considering the advanced work which has been done by the Expert Committee, sponsored by the International Atomic Energy Agency (IAEA), Vienna, having the purpose to examine the modifications issued in course of Vienna Convention as well as the Paris convention and the complementary Brussels Convention, in view to adapt the legislation to the actual context and to answer the populations expectations. The work has been organized in three majors chapters: the first one in concerned to the damage definition, proposition to the to reach the environment, the prevention and charges. the research and military installations are also considered. The second chapter has been dedicated to the civil responsibility, its limits, financing modes, the national and international legal competence besides the litigation charges due to the nuclear accidents born on the occasion. In the third chapter the insurance considering the damage nature, the capacity to assure liability coverage and the damage management are harmonized

  18. Act No 6453 of 17th October, 1977 on civil liability for nuclear damage and criminal responsibility for acts relating to nuclear activities, and other provisions

    International Nuclear Information System (INIS)

    1978-01-01

    This Act was published on 17 October 1977. It is based to a great extent on the provisions of the Vienna Convention on Civil Liability for Nucler Damage of 21 May 1963. Under the Act the operator of a nuclear installation is exclusively liable regardless of fault for compensation of nuclear damage due to a nuclear incident. This exclusive liability is limited to an amount equal to 1,500,000 Treasury Bonds and the operator must take out and maintain insurance or other financial security to cover his liability. The Federative Government will guarantee, up to the prescribed limit, payment of compensation for nuclear damage where it is acknowledged that the operator's liability is involved. As regards apportionment of compensation, persons are granted priority over property. This Act is original in that it contains provisions on criminal liability with penalties ranging from two to ten years imprisonment. (NEA) [fr

  19. The Indian civil liability for nuclear damage act, 2010. Legislation with flaws?

    International Nuclear Information System (INIS)

    Pelzer, Norbert

    2011-01-01

    1. India has had no special legislation so far about liability under civil law for nuclear damage. Instead, the general law about damages outside of contractual provisions applied. 2. The ambitious Indian civil nuclear program requires intensified international cooperation. The potential partners in that cooperation demand that liability regulations be adopted on the basis of the principles of the international nuclear liability conventions so as to grant legal assurance to their export industries. 3. In May 2010, draft liability legislation was introduced into the Indian parliament. Final deliberations were held on August 30, 2010. On September 21, 2010, the President confirmed the draft legislation, thereby making it law. The draft legislation had been a matter of dispute in India from the outset. 4. The law applies to nuclear facilities owned or controlled by the Indian central government. Only the government or government institutions or state-owned companies can be owners of a nuclear facility. The owner is liable without fault having to be proven. The details of liability follow the provisions of the liability conventions. 5. The law provides for legal channelling of liability to the owner of a nuclear facility. 6. Regular courts of law have no competence to rule about claims for damages under the law. Instead, a 'Claims Commissioner' appointed ad hoc by the government, or a 'Nuclear Claims Commission,' are competent. 7. The 2010 Indian nuclear liability law is a piece of legislation with deficiencies. Key elements are incompatible with the principles of international nuclear liability regimes. (orig.)

  20. Civil Liability for Nuclear Damage. Official Records

    International Nuclear Information System (INIS)

    1964-01-01

    These Official Records of the Conference contain the summary records of the plenary meetings and of the meetings of the Committee of the Whole, the text of the Convention, the Optional Protocol, the Final Act, the resolutions adopted by the Conference and the reports of the committees and sub-committees, as well as all other documents which were submitted to the plenary and the Committee of the Whole. These Official Records also contain a complete index of documents relevant to each Article of the Convention according to its number in the final text. The history of the preparatory studies and documents is summarized on pages 39, 40 and 65-86. The symbols of International Atomic Energy Agency documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to an International Atomic Energy Agency document. The summary records of the plenary meetings and of the meetings of the Committee of the Whole contained in this volume were originally circulated in mimeographed form as documents CN-12/OR/1 to 7 and CN-12, CW/OR. 1 to 24 respectively. As printed in this volume they include the corrections to the provisional summary records that were requested by the delegations and such drafting and editorial changes as were considered necessary. These official records are available in English, French, Russian and Spanish. (author)

  1. Act No. 732 of December 7, 1988. Act to amend the Act on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1988-01-01

    This Act amends Act No. 332 of June 19, 1974 on civil liability for nuclear damage, enabling Denmark to ratify the 1982 Protocols to amend the Paris Convention and the Brussels Supplementary Convention as well as the 1988 Joint Protocol relating to the application of the Vienna and the Paris Convention. The 1988 Act raises the nuclear operator's liability from 75 million DKr to 60 million SDRs while cover involving State funds is raised from 120 million units of account to 300 million SDRs. The Act entered into force on July 1, 1989 except for the provision on State funds which becomes effective when the 1982 Protocol amending the Brussels Convention comes into force. (NEA) [fr

  2. Through the looking glass: placing India's new civil liability regime for nuclear damage in context

    International Nuclear Information System (INIS)

    Gruendel, Robert J.; Kini, Els Reynaers

    2012-01-01

    Until India adopted the Civil Liability for Nuclear Damage Act, 2010 (Liability Act) and the Civil Liability for Nuclear Damage Rules, 2011 (Liability Rules or Rules), no specific legislation was in place to govern nuclear liability or to compensate victims for damages due to a nuclear incident in India. Before delving into a more legal-technical analysis of the Liability Act and Rules (Part B), it is worth first briefly touching upon India's general energy situation, which necessarily influences India's policies, laws and negotiating strategies while also driving the significant business opportunities in the nuclear energy sector (Part A). Taking a look at India's energy sector today also underscores the sheer size of India's plans to build new nuclear power plants, which stands in dramatic contrast to the goals of many other countries. In this article, we will address the relationship of the Liability Act with the Convention on Supplementary Compensation for Nuclear Damage (CSC) (Part C), while also touching upon the current status of an Indian nuclear insurance pool (Part D) and discussing some recent domestic developments, including the filing of public interest litigations and amendments to the Liability Rules (Part E), before presenting some concluding thoughts (Part F)

  3. Ukraine. Law on civil liability for nuclear damage and its financial security (13 december 2001)

    International Nuclear Information System (INIS)

    Anon.

    2002-01-01

    The objective of this law is to regulate civil liability for the compensation of damage resulting from activities involving the utilisation of nuclear energy for peaceful purposes. It governs relations in respect of civil liability for nuclear damage, establishes the rules and procedures for compensation for damage caused by a nuclear incident, defines the methods of ensuring financial security of civil liability and establishes its limits. (N.C.)

  4. The nuclear liability conventions revised

    International Nuclear Information System (INIS)

    Reyners, P.

    2004-01-01

    The signature on 12 February 2004 of the Protocols amending respectively the 1960 Paris Convention and the 1963 Brussels Supplementary Convention was the second step of the process of modernisation of the international nuclear liability regime after the adoption in September 1997 of a Protocol revising the 1963 Vienna Convention and of a new Convention on Supplementary Compensation for Nuclear Damage. The common objective of the new instruments is to provide more funds to compensate a larger number of potential victims in respect of a broader range of damage. Another goal of the revision exercise was to maintain the compatibility between the Paris and Vienna based systems, a commitment enshrined in the 1988 Joint Protocol, as well as to ascertain that Paris/Brussels countries could also become a Party to the Convention on Supplementary Compensation. However, while generally consistent vis a vis the Joint Protocol, the provisions of the Paris and Vienna Conventions, as revised, differ on some significant aspects. Another remaining issue is whether the improved international nuclear liability regime will succeed in attracting in the future a larger number of countries, particularly outside Europe, and will so become truly universal. Therefore, the need for international co-operation to address these issues, to facilitate the adoption of new implementing legislation and to ensure that this special regime keeps abreast of economic and technological developments, is in no way diminished after the revision of the Conventions.(author)

  5. Aspects of the Brazilian law on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    Rocha, L.M.G. da

    1980-06-01

    The civil liability for nuclear damage in the Brazilian law is analysed. The innovations introduced by the 6.453 act of October 17 th, 1977 are emphasized. The influence of international conventions on the Brazilian law are also mentioned. (A.L.) [pt

  6. Application of the Vienna Convention and the implementation at worldwide level of nuclear liability principles

    International Nuclear Information System (INIS)

    Martinez Favini, J.

    1985-01-01

    This paper analyses the distinction between the status of the Vienna Convention and the status of the incorporation of the Convention's principles in national laws. Ten countries are Parties to the Vienna Convention, three others have signed it (only one of which could become a Party in the short term) and only two have established legislation. In such circumstances, and for the future, any analysis should be expanded to encompass the present and potential difficulties of the nuclear industry which has been particularly affected by the world economic and financial crisis. Also, a better understanding of the basic differences between the majority of countries which are potential parties to the Vienna Convention and the countries parties to the Paris Convention should be attained by a study on a case-by-case basis. (NEA) [fr

  7. The Chernobyl case: its repercussions on the International System on Civil Liability for Nuclear Damages

    International Nuclear Information System (INIS)

    Gonzalez Guadarrama, J.L.

    1992-01-01

    With the discovery of the Nuclear Energy the world has been development her life the present investigation is based in the accident of the one of the most important Nuclear Power Plant in the world, situated in the Union of Socialist Sovietic Republics. The Nuclear Power Plant of Chernobyl. Us found in the investigation what not exist one legislation agree with the needs of development of the actual world in matter of the liability civil in case of the nuclear accidents. Found only the Convention of the Vienna. the Convention of the Brussels the which only cover the transportation the Nuclear substances in ships and others transportation medios. The complementary a the convention of the Paris and actually The Communication in case of the nuclear accidents and radiological accidents. In the present work think what the Community International haven the needs of created one legislation with character international what can help a the many countries what have Nuclear Power Plants, on all for protection of the her habitants. The International Atomic Energy Agency together with the International Justice Court and the United Nations Organization (U.N.O.) aplicated the law in matter of the nuclear accidents derivates of the liability responsibility in the use of the Nuclear Plants for elaboration the Electrical Energy or for Investigation in matter the nuclear energy both with identical responsibility civil in case the nuclear accident. (Author)

  8. Nuclear Liability Legislation in Slovenia

    International Nuclear Information System (INIS)

    Skraban, A.

    1998-01-01

    This paper reviews Slovenian national legislation in the field of third party liability for nuclear damage, applicability of the international nuclear liability treaties in Slovenia legal system and outlines some main provisions of national legislation. It is worth mentioning that legal instruments covering third party liability and compulsory insurance of such liability exist in Slovenia for almost 20 years and that our nuclear facilities are covered by relevant international treaties and conventions in this field, among them also by the Vienna Convention on Civil Liability for Nuclear Damage (from 1977) and the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (from 1994). (author)

  9. New tendencies in the legal mark give the civil liability for nuclear damages

    International Nuclear Information System (INIS)

    Gil Portela, Rosario; Alonso Gonzalez, Ivonne

    1998-01-01

    The development gives an indispensable legal mark for the execution a nuclear program it includes relative special dispositions to the civil liability for nuclear damages. The existence gives an international regime in this matter and its current improvement, give the one that Cuba is State it leaves, it conditions the inclusion additional requirements in the national legislative system on civil liability relatives to the possible damages that it could cause to the personal one and environment in general a nuclear accident

  10. Liability for nuclear damage. An international perspective

    International Nuclear Information System (INIS)

    Lopuski, J.

    1993-01-01

    The book deals with some of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on this experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may be fully intelligible for those who have not participated in or closely followed in Committee's work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world's public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states the engage their liability; conflict of interests between nuclear and non-nuclear states has been manifested. After three years of discussion no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structures of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issues, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author)

  11. Protocols to Amend the Paris, Vienna and Brussels Supplementary Conventions and the Convention on Supplementary Compensation for Nuclear Damage: Status of their Implementation into National Legislation

    International Nuclear Information System (INIS)

    Schwartz, J.

    2006-01-01

    Over the last decade, a number of very significant developments have taken place in modernising the existing international nuclear liability regimes. The first major advancement was the adoption, in September 1997, of the Protocol to amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage (VC Protocol) and of a new Convention on Supplementary Compensation for Nuclear Damage (CSC). This was followed, in February 2004, by the adoption of Protocols to amend both the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy (PC Protocol) and the 1963 Brussels Convention Supplementary to the Paris Convention (BSC Protocol). The principle goal of all these new instruments is to provide a greater amount of compensation to a larger number of victims in respect of a broader scope of nuclear damage suffered as a result of a nuclear accident. The second, but still very important objective is the maintenance of compatibility between the revised Paris and Vienna Conventions to ensure the smooth functioning of the 1988 Joint Protocol Relating to the Application of the Vienna Convention (VC) and the Paris Convention (PC). In addition, the PC States wish to ensure that their newly revised Convention will not prevent a Contracting Party from joining the more global regime established by the CSC. However, it remains to be seen to what extent these new instruments will attract a sufficient number of adherents to make them truly effective. While the VC Protocol is already in force, it has not drawn wide support from the 1963 VC States or from countries with important nuclear generating capacity which have not yet joined that latter any Convention. In addition, notwithstanding its adoption almost 10 years ago, the CSC has not yet entered into force and it remains questionable whether it will ever attract the necessary number of adherents for that purpose, especially in light of its strict requirements in this regard. As for the PC and BSC Protocols to

  12. A critical review of the Chilean civil nuclear liability regime

    International Nuclear Information System (INIS)

    Gonzalez Cruz, Francisco Javier; Acevedo Ferrer, Santiago

    2013-01-01

    This article reviews the Chilean civil nuclear liability regime. The Nuclear Security Act (Law 18.302), enacted in 1984, and the Vienna Convention on Civil Liability for Nuclear Damage, ratified ed by Chile in 1989, are the fundamental laws of the current regime. Although Chile has no nuclear power plants, it is still important to analyze how the Chilean legislation would protect citizens from nuclear damages. This paper does not consider the policy reasons for and against the promotion of atomic energy. Rather, it critically examines the current status of the Chilean nuclear regime. Undoubtedly, if in the future Chile chooses to include nuclear sources in its energy mix, it will not be enough to introduce some isolated legal amendments, but it will be necessary to build a new Chilean Energy Regime which includes nuclear energy. In that scenario, though, it will be useful to know and understand how the current nuclear liability regime works. From this point of view, the reforms this article proposes to the current nuclear liability regime might be helpful to academics and policy makers alike

  13. Liability according to civil law regarding border-crossing nuclear damage

    International Nuclear Information System (INIS)

    Baer, Caroline

    1987-12-01

    The problem of the liability in border-crossing damage caused by a nuclear-reactor accident is divided into two different areas: the liability according to international law of the state, and liability according to civil right of the licensee of a nuclear power plant. In this study attention is paid to the question of the liability according to civil right: is it possible that an aggrieved obtains compensation for damage? This is investigated on the basis of three standard questions of international private law: which judge is qualified, which law is to be applied, and is acknowledgement and execution of foreign sentences possible? First a historical survey is given of international agreements and national legislations regarding third-party liability. (author). 112 refs

  14. The Brussels I Regulation and Liability for Nuclear Damage

    International Nuclear Information System (INIS)

    Handrlica, J.

    2010-01-01

    Prior to 2004, the map of the European Union seemed to be basically identical to the map of the contracting parties to the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 ('the Paris Convention'). The 2004 and 2007 enlargements were mainly composed of the contracting parties to the Vienna Convention on Civil Liability for Nuclear Damage of 1963 ('the Vienna Convention'). In various discussions, the term 'nuclear liability patchwork' is used to describe this existing situation. One of the problems arising from this 'patchwork' is that, while a uniform legal framework was established for matters of jurisdiction and the enforcement of decisions under the authority given to the European Union ('EU') by the Council Regulation on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters ('Brussels Regulation'), this overall framework does not apply to particular matters governed by the special conventions to which member states may be contracting parties, see Article 71 of the Brussels Regulation. This paper aims to outline the 'patchwork' of these rules that are applicable to nuclear third party liability cases in the EU and to point out the main consequences arising from this legal framework difficult to comprehend.5 Its scope, however, is limited to the legal issues arising from a nuclear incident occurring in a nuclear installation situated within the territory of the European Union

  15. Civil Liability for Environmental Damages

    Directory of Open Access Journals (Sweden)

    Daniela Ciochină

    2012-05-01

    Full Text Available We debated in this article the civil liability for environmental damages as stipulated in ourlegislation with reference to Community law. The theory of legal liability in environmental law is basedon the duty of all citizens to respect and protect the environment. Considering the importance ofenvironment in which we live, the liability for environmental damages is treated by the Constitution as aprinciple and a fundamental obligation. Many human activities cause environmental damages and, in linewith the principle of sustainable development, they should be avoided. However, when this is notpossible, they must be regulated (by criminal or administrative law in order to limit their adverse effectsand, according to the polluter pays principle, to internalize in advance their externalities (through taxes,insurances or other forms of financial security products. Communication aims to analyze these issues andlegal regulations dealing with the issue of liability for environmental damage.

  16. National Assembly report on the bill authorizing joining the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage

    International Nuclear Information System (INIS)

    2010-01-01

    This report first gives an overview of the progressive implementation of measures and international convention to prevent pollution by ships: the Oilpol convention (Convention for the Prevention of Pollution of the Sea by Oil), the Marpol convention (Marine Pollution), and the different international conventions on liability and compensation (International Convention on Civil Liability for Oil Pollution, International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, convention on other damages). It also describes the French system to struggle against marine pollution. Then, it presents the main arrangements of the 2001 Convention (liability, mandatory insurance and certificate, and so on), expresses some reserves on the chosen arrangement, and comments the impact of this convention

  17. Legal analysis at the Law for Civil liabilities by nuclear damage

    International Nuclear Information System (INIS)

    Gonzalez G, A.

    2000-01-01

    The present work has the objective to analyse in specific terms the legal regime of the Civil liability by nuclear damage. It has been the intention of that this compilation is the initiation of a large way which awake the interests of jurists and specialists dedicated to study the aspects as the liability by nuclear damage, compensation guarantee, risk and nuclear damage among others. The peaceful applications of the nuclear energy require the necessity of a legal ordinance that it is updated according to the nuclear technology development that the regulations of the common law do not cover. This work is initiated mentioning some antecedents of the nuclear energy law in Mexico. Also is realized the study of the elemental concepts and definitions about the subject as the evolution of the legal figure in the National law frame where the jurist must do an incursion in the nuclear field and make use of scientific and technical terminology. It was analysed and it was made the reflection of the legal figure of liability, its exoneration cases, about the concepts of risk and nuclear damage overcoming the conceptual error among them. It is talked about the study of nuclear damage and its repairing as financial guarantee to compensate to the people injured by a nuclear accident. Finally, it was treated about the legal analysis and proposals of additions and reforms for updating the Nuclear damage liability Law, concluding with general contributions to the Law resulting products of this work. (Author)

  18. Developments in international convention on nuclear third party liability

    International Nuclear Information System (INIS)

    Reyners, P.

    2000-01-01

    A few years after the adoption of a Protocol to amend the world-wide Vienna Convention on Civil Liability for Nuclear Damage and of a new ''global'' Convention on the Supplementary Compensation of Nuclear Damage (September 1997), the countries which are party to the Western Europe based Paris and Brussels Conventions are working on the revision of these instruments within the OECD Nuclear Energy Agency. The objective of this exercise is not only to preserve the compatibility of the Paris and Vienna provisions, which is now an imperative deriving from the application of the 1988 Joint Protocol linking these two Conventions, but also to substantially improve certain features of this regime such as its technical and geographical scope of application, the facilitation of the rights of victims to defend their claims and, of course, the level of funds effectively available to compensate the damage. This paper reviews briefly the recent evolution of the international nuclear liability regime and discusses some of the challenges which the nuclear countries are facing in this context. (author)

  19. Civil liability on nuclear activities

    International Nuclear Information System (INIS)

    Bittar, C.A.

    1982-01-01

    The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs

  20. Revision of the Paris and Brussels Conventions of Nuclear Liability

    International Nuclear Information System (INIS)

    Reyners, P.

    2002-01-01

    The Contracting Parties to the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy and to the 1963 Brussels Convention Supplementary to the Paris Convention, have concluded this Spring four years of negotiation on the revision of these instruments. This exercise was itself started as a logical consequence of the adoption in 1997 of a revised Vienna Convention on Civil Liability for Nuclear Damage and of a Convention on Supplementary Compensation for Nuclear Damage. The Contracting Parties have concluded that the existing regime established by these Conventions remains viable and sound but that it also warrants improvements to ensure that greater financial security will be available to compensate a potentially larger number of victims in respect of a broader range of nuclear damage. A number of more technical amendments have also been agreed, in particular to ensure compatibility with other existing Conventions in this field. When the revised Paris and Brussels Conventions come into force, the total amount of funds available for compensation, provided by the liable nuclear operator and by the States concerned, will be 1.5 billion euros. (author)

  1. An overview of the international regime governing liability for nuclear damage

    International Nuclear Information System (INIS)

    Sturms, W.; Reye, S.

    1995-01-01

    Since 1986, the IAEA has been seized with considerations of all aspects of international nuclear liability, with a view to establishing a comprehensive international regime that would obtain widest adherence. The practical work is currently being done in the IAEA Standing Committee on Liability for Nuclear Damage. The efforts, which were first concentrated on the improvement of the existing civil liability regime, resulted in adoption, in 1988, of the Joint Protocol to the Vienna Convention and the Paris Convention, combining them into one expanded regime. At present, the work is focused on the following questions: (a) Revision of the Vienna Convention: In this context, specific draft amendments are considered relating to some key issues where need for improvement has been recognized, such as geographical scope, application to military installations, expansion of the definition of damage to cover environmental damage, preventative measures and consequential losses, increase of liability limits, provision of funds by the Installation State, extension of time limits for submission of claims, restriction of exonerations, etc. (b) International State liability and its relationship with the civil liability regime: Emphasis is placed on proposals for Installation State involvement in the provision of public funds in addition to compensation paid by the operator. (c) Elaboration of a supplementary funding system to cover damage exceeding compensation available under the Vienna and Paris Conventions

  2. Civil liability concerning nuclear accidents

    International Nuclear Information System (INIS)

    Anon.

    2013-01-01

    France and the USA wish to cooperate in order to promote an international regime of civil liability in order to give a fair compensation to victims of nuclear accidents as it is recommended by IAEA. On the other hand the European Commission has launched a consultation to see the necessity or not to harmonize all the civil liability regimes valid throughout Europe. According to the Commission the potential victims of nuclear accidents would not receive equal treatment at the European scale in terms of insurance cover and compensation which might distort competition in the nuclear sector. (A.C.)

  3. The French regime of civil liability for nuclear

    International Nuclear Information System (INIS)

    Leger, Marc

    2013-01-01

    As civil liability for nuclear is a matter of discussion and initiatives at the European and international levels, the author proposes an overview of the legal framework of the French regime of civil liability for nuclear which is a combination of two international treaties (Paris and Brussels conventions) and a national arrangement (a 1968 law). He presents and comments the main characteristics of this regime (geographical scope of application, concerned activities, excluded events, covered damages, principles regarding operator's liability) and the improvements brought by Paris and Brussels convention review protocols

  4. Senate report on the bill authorizing joining the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage

    International Nuclear Information System (INIS)

    2010-01-01

    This report recalls the different texts concerning the law of the sea: United Nations Convention on the Law of the Sea (UNCLOS) of 1982 which was ratified by France in 1996, the International Convention on Civil Liability for Oil Pollution of 1992, the creation of the International Oil Pollution Compensation Funds, and the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by sea (HNS) in 1996. While evoking some recent examples of wrecks and pollutions and some already existing French and European initiatives, it describes the implications and consequences of this convention on the French law and for its enforcement, provided that this new treaty is designed to take bunker oil into account as it may induce a significant pollution of the marine environment

  5. Third party liability for nuclear damage

    International Nuclear Information System (INIS)

    Crancher, D.W.

    1976-12-01

    Basic principles of nuclear liability legislation are discussed including absolute and limited liability and the role of the Sovereign State in idemnifying the operator for damage in excess of limited liability. European counrties realised the need for unifying the law of nuclear instability and efforts were made accordingly towards producing workable international conventions. The world's first legislation on nuclear liability - the USA Price-Anderson Act - is described in detail and a digest of nuclear liability claims experience is given. Observations of the present status of nuclear third party liability are outlined. (Author)

  6. Legal analysis at the Law for Civil liabilities by nuclear damage; Analisis juridico a la Ley de responsabilidad civil por danos nucleares

    Energy Technology Data Exchange (ETDEWEB)

    Gonzalez G, A

    2000-07-01

    The present work has the objective to analyse in specific terms the legal regime of the Civil liability by nuclear damage. It has been the intention of that this compilation is the initiation of a large way which awake the interests of jurists and specialists dedicated to study the aspects as the liability by nuclear damage, compensation guarantee, risk and nuclear damage among others. The peaceful applications of the nuclear energy require the necessity of a legal ordinance that it is updated according to the nuclear technology development that the regulations of the common law do not cover. This work is initiated mentioning some antecedents of the nuclear energy law in Mexico. Also is realized the study of the elemental concepts and definitions about the subject as the evolution of the legal figure in the National law frame where the jurist must do an incursion in the nuclear field and make use of scientific and technical terminology. It was analysed and it was made the reflection of the legal figure of liability, its exoneration cases, about the concepts of risk and nuclear damage overcoming the conceptual error among them. It is talked about the study of nuclear damage and its repairing as financial guarantee to compensate to the people injured by a nuclear accident. Finally, it was treated about the legal analysis and proposals of additions and reforms for updating the Nuclear damage liability Law, concluding with general contributions to the Law resulting products of this work. (Author)

  7. Main features of the convention on supplementary compensation for nuclear damage - an over view

    International Nuclear Information System (INIS)

    Boulanenkov, V.

    2000-01-01

    The Chernobyl accident prompted widespread awareness of the need for improved protection of the public from the consequences of nuclear accidents. It was generally recognised that urgent efforts should be undertaken to strengthen the international nuclear liability regime based on two civil law conventions, namely the 1963 Vienna Convention on Civil Liability for Nuclear Damage and the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy. The work initiated by the Agency - it was assigned to the Standing Committee established in 1990 - followed a two-track approach: to improve the existing civil liability regime, including revision of the Vienna Convention for which the IAEA is depositary; and, to develop a comprehensive international liability regime. The issue of compensation additional to that available under the two basic conventions received full attention in the negotiations. In the latter context, this work resulted in the adoption by a diplomatic conference convened by the IAEA in September 1997 of a new instrument, i.e. the Convention on Supplementary Compensation for Nuclear Damage (the CSC). The CSC is a product of many years of multilateral negotiations and represents a balance of various legal, economic and political considerations. While not all concerns may have been fully met, it represents a significant improvement in the protection of the public from the consequences of nuclear accidents. (author)

  8. Yugoslavia-Act on Liability for Nuclear Damage of 19 April 1978

    International Nuclear Information System (INIS)

    Anon.

    1979-01-01

    This Act, which came into force eight days after its publication, is based to a great extent on the provisions of the 1963 Vienna Convention on Civil Liability for Nuclear Damage, ratified by Yugoslavia on 12 August 1977. Under the Act, a nuclear operator is held absolutely liable for any nuclear damage caused by a nuclear indicent occurring in his installation. This liability is limited to 450 million dinars (approximately 22 million US$). To cover his liability, an operator must take out insurance or other financial security, whose amount will be determinated by the competent authority according to the characteristics of the installation involved but in no event should it be below 150 million dinars. Within the meaning of the Act, the operator may be an organisation of associated labour which has obtained site approval, licences for test runs and entry into operation of the installation, or any person recognised as such by the State. (NEA) [fr

  9. International nuclear liability conventions: status and possible changes

    International Nuclear Information System (INIS)

    Reyners, Patrick.

    1978-01-01

    The table of ratifications and accessions annexed to this paper shows that despite the considerable progress achieved these past years and the entry into force of the Vienna Convention, the number of Contracting Parties to the Nuclear Civil Liability Conventions remains insufficient. The adaptation of the first of these Conventions - the Paris Convention - as well as its Brussels Supplementary Convention to the technical and economic developments which have taken place since their adoption should provide the means for encouraging their implementation at international level. The main amendments which are envisaged are replacement of the present unit of account by the Special Drawing Right, the increase of the amounts of liability and compensation and finally, the technical scope of the Paris Convention. (NEA) [fr

  10. Liability for damage resulting from acts of the nuclear and radiological terrorism

    International Nuclear Information System (INIS)

    Handrlica, J.

    2008-01-01

    Nuclear terrorism is defined as an attack on a nuclear installation serving peaceful uses (such as a nuclear power plant) or non-peaceful uses. Radiological terrorism, which may be more likely, is defined as an action which doesn't trigger a nuclear reaction but gives rise to the release of radioactivity. The aim of this paper is to analyze the existing legal framework covering such situations. The relevant provisions of the Vienna and Paris Conventions on civil liability for nuclear damage, which represent a legal framework for nuclear liability at the international level, are discussed. The focus is on the identification of the the liable subject, including definition of the scope and nature of its liability. (author)

  11. Project of law authorizing the approval of the agreement between the government of the French republic and the government of the Russian federation relative to the civil liability by way of nuclear damage owing to the supply of materials from the French republic devoted to nuclear facilities in the Russian federation

    International Nuclear Information System (INIS)

    Raffarin, J.P.; Villepin, D. de

    2002-01-01

    An agreement between France and Russia was signed on June 20, 2000 about the civil liability of Russia because of the supply of French material devoted to Russian nuclear facilities. This agreement was necessary because Russia do not belong to any of the two big international civil liability systems relative to nuclear energy, i.e. the Paris convention from July 29, 1960 (in the OECD framework) and the Vienna convention from May 21, 1963 (in the IAEA framework). This agreement offers a protection to the French nuclear suppliers against any damage claims in the case of a nuclear accident occurring on the Russian federation territory. This project of law aims at approving this agreement. (J.S.)

  12. Towards a global system of compensation for transboundary nuclear damage: reflexions on the interrelationship of civil and international state liability

    International Nuclear Information System (INIS)

    Handl, G.

    1993-01-01

    International state liability is an essential complementary element of any global and comprehensive nuclear compensation system. Civil liability alone will not be able to fully compensate victims of a nuclear accident and will therefore not fully internalize the costs of nuclear activities. To make it effective and politically acceptable, state liability must be fully integrated procedurally with any civil liability system as a last tier of compensation following a simple process for handling together both civil and state liability claims at the international level, with individuals being able to sue Installation States. 69 refs

  13. Civil liability on nuclear activities; Responsabilidade civil nas atividades nucleares

    Energy Technology Data Exchange (ETDEWEB)

    Bittar, C A

    1983-12-31

    The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs.

  14. Notes on third party liability for nuclear damage in connection with the construction of the first nuclear power plant in Brazil

    International Nuclear Information System (INIS)

    Simoes, A.C.

    1975-01-01

    Responsibilities for the construction and operation of the first nuclear power plant have been transferred from the National Nuclear Energy Commission to Electrobras, a public undertaking set up for this purpose. In view of such transfer of responsibilities and the implementation of further nuclear power projects, liability for nuclear damage has to be regulated in a way consistent with international conventions. A working group associating representatives of national authorities and public utilities was entrusted with the task of drafting rules for co-ordinating their respective activities in relation to the execution of the first nuclear power project; these rules were issued by Ministerial order in 1970. The working group also prepared a draft law on civil liability for nuclear damage, based on the Vienna Convention. This draft law has reached its final stage and, after promulgation, will enable Brazil to ratify the Vienna Convention. (author)

  15. Dual Liability for Nuclear Damage in Conventions and Finnish Legislation in the Field of Transport

    International Nuclear Information System (INIS)

    Manninen, J.

    1986-01-01

    The exception made in the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy to the otherwise absolute channelling of liability in order to avoid conflicts with the then existing international agreements in the field of transport is briefly described. The dual liability created by this provision is studied, as well as the question whether and when the victim might prefer to base his claim on a transport agreement instead of the Paris Convention. The so-called nuclear clauses in the new agreements in the transport field are analysed. The problems caused by the absence of a nuclear clause in the Guatemala City and Montreal Protocols, amending the Warsaw Convention relating to international air carriage are noted. Finally the relationship between nuclear liability legislation and transport legislation in Finland, as well as the cases where a dual liability existed at the time of the ratification of the Paris Convention and the changes which have taken place since then are described. (NEA) [fr

  16. Review of legislation on civil liability for nuclear damage; Revision de la legislacion relativa a la responsabilidad civil por danos nucleares

    Energy Technology Data Exchange (ETDEWEB)

    Menendez-Moran, E.

    2011-07-01

    The entry into force of Law 12/2011 is postponed until the Protocols modifying the Paris and Brussels conventions take effect, since their content complements that of the Conventions. The most significant modifications are the extension of the suppositions of nuclear damage, the geographical scope of application and the time period for claiming personal damages, which is accompanied by higher coverage limits of up to 1,200 million euros. It also includes liability for damages caused by radioactive materials in the custody of the installation owner. (Author)

  17. Nuclear risk and optimal civil liability of the operator

    International Nuclear Information System (INIS)

    Schmitt, Andre; Spaeter, Sandrine

    2007-01-01

    The civil liability of nuclear operators are regulated by two sets of international Conventions. In particular, strict liability, limited financial responsibility and the obligation of providing financial guaranties are imposed to the nuclear operator by the Paris Convention and the Vienna Convention. Then national legislations are free to increase the financial cap of responsibility fixed by the international regimes. First we present the main elements of these Conventions. Then we focus on the impact of a modification in the amount of responsibility of the nuclear operator on his risk mitigation policy and on his financial condition. In particular we show that an increase of the cap beyond a given level determined by the model gives the operator some incentives to lessen the investment in prevention, contrary to what is expected. Besides, the impact of the preventive activities done by the firm on its financial constraint depends on the sensitivity of the risk distribution to the variation of the prevention level: The risk mitigation activities must be discussed with respect to the severity of the incidents and/or to the size of the nuclear park

  18. N. 2874 Report realized for the foreign Affairs commission on the law project n. 2785 authorizing the approbation of international agreements on the civil liability in the nuclear energy domain

    International Nuclear Information System (INIS)

    2006-01-01

    This report is discussing the approval of two new protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two new protocols. (A.L.B.)

  19. The convention on supplementary compensation for nuclear damage (CSC). A cornerstone of a global nuclear liability regime?

    International Nuclear Information System (INIS)

    Pelzer, Norbert

    2015-01-01

    International discussions on compensation of nuclear damage seem to be governed by the magic word ''global nuclear liability regime''. It is said that only such regime promises to guarantee full and timely compensation at conditions acceptable and favourable for both the victims and the operator liable and at the same time promotes nuclear industry. Surely, nuclear incidents may have worldwide implications, and a globally unified legal framework appears to be desirable or is even necessitated. But until today we have not yet achieved a global regime. There are international nuclear liability conventions some of which may be qualified to form such regime. But which of them is best qualified and which one could be accepted by all States? Mainly the USA opt for, and strongly support, the 1997 ''Convention on Supplementary Compensation for Nuclear Damage'' (CSC) to be the only international instrument which is apt to form a global regime. This paper will deal with the question whether this assertion is convincing. It will also be asked whether we need a global regime.

  20. The convention on supplementary compensation for nuclear damage (CSC). A cornerstone of a global nuclear liability regime?

    Energy Technology Data Exchange (ETDEWEB)

    Pelzer, Norbert

    2015-06-15

    International discussions on compensation of nuclear damage seem to be governed by the magic word ''global nuclear liability regime''. It is said that only such regime promises to guarantee full and timely compensation at conditions acceptable and favourable for both the victims and the operator liable and at the same time promotes nuclear industry. Surely, nuclear incidents may have worldwide implications, and a globally unified legal framework appears to be desirable or is even necessitated. But until today we have not yet achieved a global regime. There are international nuclear liability conventions some of which may be qualified to form such regime. But which of them is best qualified and which one could be accepted by all States? Mainly the USA opt for, and strongly support, the 1997 ''Convention on Supplementary Compensation for Nuclear Damage'' (CSC) to be the only international instrument which is apt to form a global regime. This paper will deal with the question whether this assertion is convincing. It will also be asked whether we need a global regime.

  1. Specific defences to the liability of a nuclear operator for damages resulting from a nuclear incident

    International Nuclear Information System (INIS)

    Schwartz, J.A.; Cunningham, G.H.

    1988-01-01

    This paper reviews the cases in which the nuclear operator may be partly or totally exonerated from his liability for a nuclear accident (insurrection, civil war, exceptional natural disasters, intentional act of the victim, etc.) under the Paris and Vienna Conventions and national laws. The laws of the countries reviewed are the following: United States, Japan, Canada, United Kingdom, Brazil, Belgium, the Federal Republic of Germany, France (NEA) [fr

  2. Economic models of compensation for damages caused by nuclear accidents: some lessons for the revision of the Paris and Vienna Conventions

    International Nuclear Information System (INIS)

    Faure, Michael G.

    1995-01-01

    Alternative systems of compensation for damages caused by nuclear accidents have been proposed. In respect, the question merits attention to whether these alternative models of compensation discussed in the economic literature could be implemented when discussing the revision of the Paris and Vienna Conventions. 55 refs., 1 tab

  3. Harmonization of the Romanian legislation in the field of civil liability for nuclear damages with the international legislation in the field

    International Nuclear Information System (INIS)

    Chiripus, Vlad

    2005-01-01

    The paper is an overview of the Romanian legal provisions in the filed of civil liability for nuclear damages in the last three decades introducing the concept and the evolution of its legal regime towards a total harmonization with the European legislation. Its modernity even from (and in spite of) its communist beginnings in 1947 (Law no. 61 regarding the deployment of nuclear activities in the Romanian Socialist Republic) is emphasized. It focuses on the key laws - Law no. 703/2001 on civil liability for nuclear damages, and Government Decision no. 894/2003 for the approval of the Norms for enforcement of Law no. 703/2001- that currently define the Romanian regime for civil liability for nuclear damages. This encompasses the relevant responsibilities of nuclear operators, the Romanian nuclear damage compensation system, statute of limitation for claims, types of insurance and financial guarantees. These refer civil liability for nuclear damages, limits of nuclear operators' liability, specific requirements regarding the insurance, responsibilities of control and supervision bodies, assessment of nuclear damage. This makes Romania - in terms of legislation - one of the most advanced countries in the field. (author)

  4. Effectiveness of Existing International Nuclear Liability Regime

    International Nuclear Information System (INIS)

    Al-Doais, Salwa; Kessel, Daivd

    2015-01-01

    The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to

  5. Effectiveness of Existing International Nuclear Liability Regime

    Energy Technology Data Exchange (ETDEWEB)

    Al-Doais, Salwa; Kessel, Daivd [KEPCO International Nuclear Graduate School, Daejeon (Korea, Republic of)

    2015-10-15

    The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to

  6. State and supplementary civil liability insurance: the example of swiss nuclear liability law

    International Nuclear Information System (INIS)

    Buehlmann, W.A.

    1993-01-01

    This paper describes State guarantee and nuclear liability insurance which has been established, in Switzerland, after the vote of the law of 18 march 1983: Civil liability of nuclear operator has no limitations for nuclear damages compensations. The coverage is given by private insurance and State guarantee. 1 tab

  7. Senate report n. 327 law project authorizing the approbation of international agreements on the civil liability in the domain of the nuclear energy

    International Nuclear Information System (INIS)

    2006-01-01

    The objective of this law project is to approve two protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a short presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two protocols of February 2004 facing the french legislation. (A.L.B.)

  8. The New International Nuclear Liability Conventions: Status of their Implementation into National Legislation

    International Nuclear Information System (INIS)

    Schwartz, J.

    2008-01-01

    Over the last decade or so, a number of significant improvements have been made to the international nuclear liability regimes. The first major advancement was the adoption, in September 1997, of the Protocol to amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage (VC Protocol) and of a new Convention on Supplementary Compensation for Nuclear Damage (CSC). This was followed, in February 2004, by the adoption of Protocols to amend both the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy (PC Protocol) and the 1963 Brussels Convention Supplementary to the Paris Convention (BSC Protocol). The principle goal of these new instruments is to provide more compensation to more victims in respect of more types of nuclear damage suffered than ever before. A second objective, at least for the VC and PC Protocols, is to maintain compatibility between the Paris and Vienna Conventions, thereby ensuring the smooth functioning of the 1988 Joint Protocol Relating to the Application of the Vienna Convention (VC) and the Paris Convention (PC). In addition, both Vienna and Paris Convention States wish to ensure that the newly revised Conventions will not prevent them from joining the global liability and compensation regime established by the CSC, should they so wish. However, one wonders to what extent these new instruments will attract a sufficient number of adherents to make them truly effective. While the VC Protocol is already in force, it has drawn surprisingly little support from the 1963 Vienna Convention States and even less from those countries with important nuclear generating capacity but which have not yet joined any of the international nuclear liability and compensation instruments. For its part, and notwithstanding its adoption almost 10 years ago, the CSC has not yet entered into force and only the future will tell whether it ever will, particularly given its strict requirements in this regard. As for the PC and BSC

  9. Project of law authorizing the approval of the agreement between the government of the French republic and the government of the Russian federation relative to the civil liability by way of nuclear damage owing to the supply of materials from the French republic devoted to nuclear facilities in the Russian federation; Projet de loi autorisant l'approbation de l'accord entre le gouvernement de la republique francaise et le gouvernement de la federation de Russie relatif a la responsabilite civile au titre de dommages nucleaires du fait de fournitures en provenance de la republique francaise destinees a des installations nucleaires en federation de Russie

    Energy Technology Data Exchange (ETDEWEB)

    Raffarin, J.P.; Villepin, D. de

    2002-07-01

    An agreement between France and Russia was signed on June 20, 2000 about the civil liability of Russia because of the supply of French material devoted to Russian nuclear facilities. This agreement was necessary because Russia do not belong to any of the two big international civil liability systems relative to nuclear energy, i.e. the Paris convention from July 29, 1960 (in the OECD framework) and the Vienna convention from May 21, 1963 (in the IAEA framework). This agreement offers a protection to the French nuclear suppliers against any damage claims in the case of a nuclear accident occurring on the Russian federation territory. This project of law aims at approving this agreement. (J.S.)

  10. The concept of ''pollution damage'' in the maritime conventions governing liability and compensation for oil spills

    International Nuclear Information System (INIS)

    Jacobsson, M.

    2000-01-01

    Compensation for pollution damage caused by spills from oil tankers is governed by an international regime elaborated under the auspices of the International Maritime Organization (I.M.O.). The framework for the regime was originally by the 1969 International Convention on Civil Liability for Oil Pollution Damage (1969 Civil liability convention) and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971 Fund Convention). This old regime was amended in 1992 by two protocols, and the amended Conventions are known as 1992 Civil Liability Convention and the 1992 Fund Convention. The Civil Liability conventions govern the liability of ship-owners for oil pollution damage. The Conventions lay down the principle of strict liability for ship-owners and create a system of compulsory liability insurance. The ship-owner is normally entitled to limit his liability to an amount which is linked to the tonnage of his ship. The regime of liability and the funds created by the 1971 and 1992 Conventions are analyzed in detail. Are studied as following: the concepts of pollution damage and the safeguard measures or preventive measures, the question of receivability for compensation demands (damage to properties, cleansing operations, costs, economic loss). The question of compensation conditions for the only economic loss and the damage to environment are tackled. This expose is concluded by enlightening the contribution brought by the previously named Conventions to the International law about the civil liability. (N.C.)

  11. Reciprocity within the framework of nuclear civil liability law

    International Nuclear Information System (INIS)

    Feldmann, F.J.

    1986-01-01

    With regard to reciprocity in international and national nuclear liability law, the Federal Republic of Germany attaches great importance to that principle, especially under the following three aspects: 1.) Application of the international conventions in national law, irrespective of their internationally binding nature, 2.) application of the international conventions in relations with non-convention states in cases of damage, 3.) application of supplementary national nuclear liability law in relations with convention as well as non-convention states in cases of damage. (CW) [de

  12. Convention on supplementary compensation for nuclear damage

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1998-07-22

    The document reproduces the text of the Convention on Supplementary Compensation for Nuclear Damage which was adopted on 12 September 1997 by a Diplomatic Conference held between 8-12 September 1997 in Vienna

  13. Convention on supplementary compensation for nuclear damage

    International Nuclear Information System (INIS)

    1998-01-01

    The document reproduces the text of the Convention on Supplementary Compensation for Nuclear Damage which was adopted on 12 September 1997 by a Diplomatic Conference held between 8-12 September 1997 in Vienna

  14. Morocco. Act no. 12-02 on civil liability for nuclear damage. Promulgated on 7 january 2005. Chapter 1. General provisions

    International Nuclear Information System (INIS)

    Anon.

    2005-01-01

    Three texts concern Morocco with the Act on civil liability for Nuclear damage (2005), International Atomic energy Agency with the code of conduct on the safety of research reactors (2004), United Nations with U.N. Security Council Resolution 1540 (2004). (N.C.)

  15. Comparative Study of Determining of the Responsible Person and the Basis of Compensation in Civil Liability Results from Events Related to Nuclear Facilities

    Directory of Open Access Journals (Sweden)

    Sayyed Mohammad Mahdi Qabuli Dorafshan

    2015-12-01

    Full Text Available Nuclear facilities, though have large advantages for human being, they also creates heavy hazards. Thus, the question of civil liability results from events of mentioned facilities are so significant. This paper studies the question of the basis and responsible for compensation results from aforementioned events in international instruments, Iran and French law. Outcome of this study shows that in this regard, Paris and Vienna conventions and the other related conventions and protocols adjust a special legal régime. In this respect, the international instruments while distancing themselves from liability based on fault, highlight the exclusive responsibility of the operator of nuclear facilities and they have commited the operator to insurance or appropriate secure financing. Also French legal régime have followed this manner with the impact of the Paris Convention and its amendments and additions. There is no special provisions in Iran legal régime in this matter so civil liability results from nuclear events is under general rules of civil liability and rules such Itlaf (loss, Tasbib (causation, Taqsir (fault and La-zarar (no damage in the context of Imamye jurisprudence. Ofcourse, the responsible is basically the one who the damage is attributable to him. Finaly, It is appropriate that the Iranian legislator predict favorable régime and provides special financial fund for compensation of possible injured parties in accordance with necessities and specific requirements related to nuclear energy

  16. Practical problems of third party liability connected with nuclear installations

    International Nuclear Information System (INIS)

    Lacroix, F.

    1975-01-01

    A special regime of liability for nuclear damage was established by the Paris Convention, 1960, and the Vienna Convention, 1963. The same basic principles are embodied in both Conventions. Some discrepancies, however, still exist between them despite the adoption of an additional protocol to the Paris Convention in 1964 for harmonization purposes. Practical problems facing insurers and suggestions for suitable solutions are presented. International transport of nuclear material raises, in particular, complex issues. With regard to civil liability arising out of the carriage of nuclear material by sea, a possible conflict between maritime transport conventions and nuclear liability conventions was resolved by the Brussels' Convention, 1971. Wider ratification of the nuclear conventions appears to be the only way for coping with some remaining difficulties, in particular with respect to nuclear material in transit

  17. International Law governing the Safe and Peaceful Uses of Nuclear Energy

    International Nuclear Information System (INIS)

    Jankowitsch-Prevor, O.

    2002-01-01

    1. The International Governmental Institutions. History and mandates: IAEA, OECD/NEA, EURATOM. 2. International Treaties and Conventions: The Peaceful Uses of Nuclear Energy: Commitment and Verification (the NPT, Safeguards Agreements with the IAEA, The Additional protocol, Regional Non-proliferation Treaties); the Physical protection of Nuclear Material (Convention on the Physical Protection of Nuclear Material); Civil Liability for Nuclear Damage (Vienna Convention on the Civil Liability for Nuclear Damage, Protocol to Amend the Vienna Convention, Paris Convention on Civil Liability, Joint Protocol relating to the Application of the Vienna Convention and the Paris Convention, Convention on Supplementary compensation for Nuclear Damage); In case of Nuclear Accident: Notification and Assistance (Convention on Early Notification of a Nuclear Accident, Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency); International Law Governing Nuclear Safety (Nuclear Safety Convention, Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management). 3. Relationship between International and National Law

  18. Comparative evaluation of civil liability conventions on radioactive and oil pollution and liability under international law

    International Nuclear Information System (INIS)

    Hoche, A.

    1988-01-01

    In the event of transfrontier radioactive pollution or oil pollution, compensation for damage may be sought under two different liability systems: there is the framework of international law of liability of international persons, and there is the liability regime established by international conventions. The latter system has adopted a very friendly attitude towards the claims of a private victim claiming compensation from the private polluter. The book first sets out the basic principles and practice of the two liability systems, also considering the latest developments and current discussions advocating the acknowledgement of the principle of strict and absolute liability in international law. The relationship of the two systems is the major issue of the book, and the Chernobyl reactor accident has made it a particularly topical issue at that. The problems arising in the wake of this accident have shown the need for clarification in this field. The author suggests as a practical approach a strict separation of the two bases of claims, so that parallel or successive procedure on the level of international law or civil law is possible. Finally the problem of avoiding duplication in the payment of compensation is discussed. (orig./HP) [de

  19. Inadequacies in the civil nuclear liability regime evident after the Chernobyl accident: the response in the joint protocol of 1988

    International Nuclear Information System (INIS)

    Pelzer, N.

    1993-01-01

    The Joint Protocol of 21 September 1988 Relating to the Application of the Vienna Convention and the Paris Convention, by bridging both Conventions and by broadening thus the area where internationally harmonized nuclear liability law is applicable to nuclear incidents, contributes to doing away with inadequacies in the system of compensation for nuclear damage. On the other hand the Protocol has negative repercussions on the existing liability Conventions. Due to the enlargement of the territorial scope of application the compensation amounts available will be exhausted earlier. In order to avoid an aggravation of the legal position of the victims in the territories of the original Contracting Parties to the Vienna and the Paris Conventions the joint Protocol has to be responded to by a considerable increase of the compensation amounts

  20. National Assembly report on the bill authorizing joining the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage; Rapport fait au nom de la Commission des Affaires Etrangeres sur le Projet de Loi n.1792, autorisant l'adhesion a la convention internationale de 2001 sur la responsabilite civile pour les dommages dus a la pollution par les hydrocarbures de soute

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-07-01

    This report first gives an overview of the progressive implementation of measures and international convention to prevent pollution by ships: the Oilpol convention (Convention for the Prevention of Pollution of the Sea by Oil), the Marpol convention (Marine Pollution), and the different international conventions on liability and compensation (International Convention on Civil Liability for Oil Pollution, International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, convention on other damages). It also describes the French system to struggle against marine pollution. Then, it presents the main arrangements of the 2001 Convention (liability, mandatory insurance and certificate, and so on), expresses some reserves on the chosen arrangement, and comments the impact of this convention

  1. The modernization of the international nuclear third party liability regime - does exclusive liability still make sense?

    International Nuclear Information System (INIS)

    Kolehmainen, H.

    2000-01-01

    In order to create a perspective for the presentation, it might be useful to recall the general aims and purposes of the existing system for exclusive liability in the international nuclear liability regime. As is well-known, the compensation system is based on two conventions (The Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 and the Vienna Convention on Civil Liability for Nuclear Damage of 1963). The norms in these Conventions define the level at which the compensation system for nuclear accidents is based. The international co-operation which resulted in the conventions was inspired by the aim to construct a system which awards a fair and sufficient compensation for the victims of a nuclear accident. Secondly, the aim was to promote the peaceful use of nuclear energy. The purpose was also to harmonize regulations concerning nuclear energy. The preparatory works for these conventions demand a general goal to balance the interests of the potential victims of a nuclear accident and the interest of society to promote the peaceful use of nuclear energy. National legislation on nuclear third party liability is based on these conventions. There are four basic principles which guide the normative framework of these conventions. The liability of the operator of a nuclear installation is not based on fault but is strictly based on its nature. Secondly, the liability is restricted to a certain sum per accident. Thirdly, the liability of the operator ought to be covered by insurance or state guarantee. Fourthly, the liability is channeled exclusively to the operator of a nuclear plant, meaning that there are no other persons to be held liable for a possible nuclear accident. Any new orientation on third party liability for nuclear damages should be within the context of existing regulations in the field. Exceptions from established international principles in the area of nuclear liability should be openly discussed and their consequences

  2. The need to bring the new global regime of civil nuclear liability to life

    International Nuclear Information System (INIS)

    McIntosh, St.

    2000-01-01

    The Chernobyl accident raised consciousness around the world about civil liability issues. People in Australia and elsewhere looked at the existing international nuclear liability regime and concluded that it was inadequate. The amount of compensation available under the regime was too low. The regime did not cover environmental damage. Australia decided to take an active role in the proceedings of the Standing Committee on Nuclear liability. Australia has a favourable judgment on the new Convention on Supplementary Compensation for nuclear damages. It provided for a dedicated fund for transboundary damage, the inclusion of environmental damage, the lion's share of the contributions to the international fund established under the Convention to be borne by nuclear power generating states, jurisdiction over actions concerning nuclear damage from a nuclear accident in a Party's territory or Exclusive Economic Zone to lie with the courts of that Party. It reproaches this Convention for compensable damage to be determined by the law of the competent court, and the necessity of emission of ionizing radiations for the Convention to take effect. (N.C.)

  3. The protocol amending the 1963 Vienna Convention

    International Nuclear Information System (INIS)

    Lamm, V.

    1998-01-01

    In the first stage of the revision process, the only goal was to amend certain provisions of the Vienna Convention. Later, in what might be called the second stage, the question was seriously raised of establishing a new supplementary convention by which additional funds were to be provided by the international community of States. Most experts felt that the nuclear liability regime of the Vienna Convention, as amended, would really serve the interests of potential victims of nuclear incidents only if it were supported by an international supplementary fund providing additional compensation for nuclear damage to that provided by the operator. Thus, the Standing Committee started to consider the establishment, under the Vienna Convention, of a mechanism for mobilizing additional funds for compensation of nuclear damage. During the negotiations it was deemed necessary to establish a separate treaty for such a supplementary fund, and indeed, efforts were undertaken to draw up such an instrument concurrently with the revision of the Vienna Convention. (K.A.)

  4. Senate report n. 327 law project authorizing the approbation of international agreements on the civil liability in the domain of the nuclear energy; Senat rapport n. 327 projet de loi autorisant l'approbation d'accords internationaux sur la responsabilite civile dans le domaine de l'energie nucleaire

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2006-07-01

    The objective of this law project is to approve two protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a short presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two protocols of February 2004 facing the french legislation. (A.L.B.)

  5. Law no. 6.453 of 17th October, 1977 on civil liability for nuclear damage and criminal responsibility for acts relating to nuclear activities, and other provisions

    International Nuclear Information System (INIS)

    1977-01-01

    This Act was published on 17 october 1977. Under the Act the operator of a nuclear installation is exclusively liable regardless of fault for compensation of nuclear damage due to a nuclear incident. This exclusive liability is limited to an amount equal to 1,500,000 Treasury Bonds and the operator must take out the maintain insurance or other financial security to cover his liability. The Federative Government will guarantee, up to the prescribed limit, payment of compensation for nuclear damage where it is acknowledged that the operator's liability is involved. As regards apportionment of compensation, persons are granted priority over property. This Act is original in that it contains provisions on criminal liability with penalties ranging from two to ten years imprisonment

  6. Third party liability cover for nuclear damage and related problems

    International Nuclear Information System (INIS)

    Carbone, Ferdinando; Gambardella, Elio.

    1974-06-01

    This paper analyses the financial security and cover for third party liability for nuclear damage as provided for by Act No. 1860 of 31 December 1962 on the peaceful uses of nuclear energy. The relevant Sections of the Act are quoted and explained, as are the nuclear operator's obligation to furnish financial security for his liability. Different possible types of security and cover are described, also with reference to other national legislation. Finally, the author mentions the Paris Convention which provides the basis for Italian nuclear third party liability legislation. (NEA) [fr

  7. The law concerning liability for nuclear damage

    International Nuclear Information System (INIS)

    Kinouchi, Kazuo

    1978-01-01

    This treatise outlines the Law on Compensation for Nuclear Damage (Law No. 147, June 17, 1961) and the Law on Indemnity Agreement for Compensation of Nuclear Damage (Law, No. 148, June 17, 1961) which are both came into effect in March, 1962, and describes how these laws will be executed if an accident occurs actually in nuclear facilities. The first law which prescribes various provisions for compensation of nuclear damage is characterised as having the principle of no-fault liability and hence making a nuclear enterpriser responsible for securing adequate financial resources to indemnify general public for their damages from nuclear accidents. Thus, in compliance with the law a nuclear enterpriser should effect both the contract of the indemnity responsible insurance and the indemnity agreement for compensation of nuclear damage. The second law deals with the indemnity agreement which is concluded by a nuclear enterpriser with the government and constitutes a full measure for compensation of nuclear damage supplementing the indemnity responsible insurance. The indemnity agreement is to insure compensation liabilities for nuclear damages which the indemnity responsible insurance can not cover-that is, damages caused by earthquakes and volcanic eruptions, and also damages from normal operations of nuclear facilities and those occurs after 10 years of an accident. Then, the author describes in detail how these laws apply in a nuclear accident to damages to third parties and those to facilities of related nuclear enterpriser himself and to his employees. Finally, the author refers to the legal systems for compensation of nuclear damage in the United States, Britain, France and West Germany. (Matsushima, A.)

  8. Liability and damages in Japanese nuclear law

    International Nuclear Information System (INIS)

    Hoshino, E.

    1981-01-01

    The Japanese legislation relating to nuclear liability is based on two laws which date back to 1961, i.e. the law concerning compensation for nuclear damage and the law concerning financial damage compensation indemnification. In Japan, the legal channelling of liability is in force, a contractual recourse is not possible unless there is intent. The financial security act in Japan consists of a (third-party) liability insurance contract concluded with a private insurer and the cover contract concluded with the state. According to the agreement on financial security concluded between government and operator, the operator has to pay the state a certain sum per year. Basically, the amount covered is DM 50 million per site. This sum will be increased to DM 90 million. The operator is fully liable. The state is not bound by law to fully cover damages but will be - de facto - prepared to do so anyway. For potential damage to personnel, the social insurance law is applicable as it is in the Federal Republic of Germany. However, this damage is intended to be subject to nuclear liability, to be effected by an amendmend. (orig./HP) [de

  9. Entry into force of the Convention on Supplementary Compensation for Nuclear Damage: Opening the umbrella

    International Nuclear Information System (INIS)

    McRae, Ben

    2015-01-01

    There are 431 commercial nuclear power plants around the world. On 14 April 2015, 193 of these power plants were covered by a nuclear liability instrument (118 power plants by the Paris Convention and 75 by the Vienna Convention). With the entry into force of the Convention on Supplementary Compensation for Nuclear Damage (CSC)4 on 15 April 2015, the number of power plants covered by a nuclear liability instrument increased to 340. Thus, the entry into force of the CSC marked a major milestone towards the establishment of a global nuclear liability regime. This article discusses several events that have promoted progress towards a global nuclear liability regime and then addresses several questions that may arise as countries consider actions necessary to achieve such a regime. (author)

  10. Harmonisation of Nuclear Liability Regimes in Europe

    International Nuclear Information System (INIS)

    Sladonja, B.

    2000-01-01

    After we have learned about the current discussions concerning the Paris Convention revision exercise and the open matters relating to the liability limits and insurance for nuclear damages, prescription period, definition of nuclear damage etc. and different approaches in some PCC in adopting their legislation as well as about the adoption of the Protocol to Amend the Vienna Convention and Convention on Supplementary Compensation for Nuclear Damage, within the Vienna Convention countries, during the obtained Session 9 of this Conference we will focus our attention on the matters which has been discovered from the moment when the reports has been written till the date of this Conference

  11. Romanian Nuclear Liability Legislation

    International Nuclear Information System (INIS)

    Banu, R.

    2006-01-01

    The regime of civil liability for nuclear damages in the Romanian legislation is defined especially by the Law no. 703/2001 on civil liability for nuclear damage, as well as the Government Decision no. 894/2003 for the approval of the Norms for the enforcement of Law no. 703/2001. These two documents constitute the legal framework that regulates the third party civil liability for nuclear damages. The paper is proposing to present the main elements of the relatively recent legal framework, namely: the principles content in the international acts on civil liability for nuclear damages, the subject to whom such law applies, the regime of civil liability for nuclear damages in Romania and provisions regarding the terrorist acts.(author)

  12. Apportioning liability for transborder damages

    International Nuclear Information System (INIS)

    Krause-Ablass, W.-D.

    1988-01-01

    The legal situation in the case of cross border damage being caused by reactor accidents or transportation of nuclear material through more than one country is analysed. Two questions have to be asked - which country's courts have jurisdiction over the claims for damage? and which law is applicable? In considering the jurisdiction problem, the Paris and Vienna Conventions are discussed and also other rules of jurisdiction. The way the law is applicable is discussed in the second section. When the action for liability is based on the Paris or Vienna Convention the issue of reciprocity may arise and this is discussed. After a nuclear incident a potential plaintiff may have a choice amongst various jurisdictions and various available laws. Success may depend on the right choice of the forum chosen. This is illustrated by two examples. (U.K.)

  13. Liability for on-site nuclear property damage

    International Nuclear Information System (INIS)

    Neems, H.J.

    2000-01-01

    Typically, liability for on-site property addressed in contracts between operator and its suppliers. Nuclear power plant operators ordinarily protect themselves against risk of nuclear damage to on-site property by insurance. Nuclear liability laws do not specifically address liability for nuclear damage to on-site property. Nuclear plant owners should address risk of damage to on-site property when developing risk management program

  14. A U.S. Perspective on Nuclear Liability: A Continuing Impediment to International Trade and Public Protection

    International Nuclear Information System (INIS)

    Brown, O. F.

    2008-01-01

    More than two decades after the 1986 events at Chernobyl demonstrated nuclear power plant accidents can have cross-border consequences, there still is not a unified international legal regime for liability associated with nuclear accidents. This continues to present an impediment to international nuclear trade and protection of the public. Liability potentially associated with international nuclear commerce remains a labyrinth of statutes and treaties not yet interpreted by the courts. Countries with a majority of the world's 439 operating nuclear power plants are not yet parties to any nuclear liability convention in force. The global Vienna Convention on Civil Liability for Nuclear Damage now covers only about 73 operating nuclear power plants; the regional Paris Convention on Third Party Liability in the Field of Nuclear Energy now covers about 126; and, the Joint Protocol that links those two Conventions covers only about 68. The best solution would be for more countries to join the United States (with 104 operating nuclear power plants) in ratifying the Convention on Supplementary Compensation for Nuclear Damage (CSC) adopted by the International Atomic Energy Agency (IAEA) in 1997. As soon as the CSC enters into force, it will cover more nuclear power plants than either the Vienna or Paris Convention. This presentation also provides an update on insurance coverage in the United States for acts of terrorism.(author)

  15. Nuclear liability amounts on the rise for nuclear installations

    International Nuclear Information System (INIS)

    Vasquez-Maignan, Ximena; Schwartz, Julia; Kuzeyli, Kaan

    2015-01-01

    The NEA Table on Nuclear Operator Liability Amounts and Financial Security Limits (NEA 'Liability Table'), which covers 71 countries, aims to provide one of the most comprehensive listings of nuclear liability amounts and financial security limits. The current and revised Paris and Brussels Supplementary Conventions ('Paris-Brussels regime'), the original and revised Vienna Conventions ('Vienna regime') and the Convention on Supplementary Compensation for Nuclear Damage, newly entered into force in April 2015, provide for the minimum amounts to be transposed in the national legislation of states parties to the conventions, and have served as guidelines for non-convention states. This article examine in more detail increases in the liability amounts provided for under these conventions, as well as examples of non-convention states (China, India and Korea)

  16. Nuclear Liability and Insurance for nuclear Damage in Switzerland

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    1998-01-01

    With nuclear power generating 43% of its total electricity production, Switzerland is amongst the states, employing the highest percentage of nuclear electricity. Although, the country has not ratified any of the international Nuclear Liability Conventions, its Nuclear Third Party Liability Act reflects all the principles, underlying those Conventions. The statutory liability of the operator of a Swiss nuclear installation itself being unlimited, the total insurance limit of CHF 770 m. provides the highest private insurance protection worldwide. With the support of its foreign Reinsurance Pools, the capacity for this insurance guarantee has, over more than 40 years, been built up by the Swiss Nuclear Insurance Pool. Apart from Third Party Liability cover, the Pool also provides Property insurance to Swiss nuclear installation operators and reinsurance cover to other nuclear insurers worldwide. (author)

  17. Introduction of unlimited liability into the atomic law with special regard to the international nuclear liability conventions

    International Nuclear Information System (INIS)

    Hohlefelder, W.

    1984-01-01

    The paper was read at the international symposium on nuclear liability held in Munich in September 1984 by OECD/NEA and IAEA. It outlines the basic principles of the Paris liability convention and the international development. The author pleads in favour of unlimited liability for hazards on grounds of history, legal policy, legal dogmatics and practice. Moreover he thinks it useful and appropriate because it also improves the protection of the citizens. The same as the federal government the author holds that unlimited liability for hazards is compatible with the maximum damages and the congruity regulations of the Paris and Brussels liability convention. An amendment to the liability convention, though not necessary, would be desirable to make clear that both options - limited and unlimited liability - are open. (HSCH) [de

  18. The protocol amending the 1963 Vienna Convention

    International Nuclear Information System (INIS)

    Lamm, V.

    2006-01-01

    Technically the Vienna Convention was revised by the adoption of the protocol to amend the instrument. and according to Article 19 of the protocol 'A State which is Party to this Protocol but not to the 1963 Vienna Convention shall be bound by the provisions of that Convention as amended by this Protocol in relation to other States Parties hereto, and failing an expression of a different intention by that State at the time of deposit of an instrument referred to in Article 20 shall be bound by the provisions of the 1963 Vienna Convention in relation to States which are only Parties thereto'. This solution has created a special situation, because after the entry into force of the protocol there will be living together or operating in practice 'two' Vienna Conventions, notably the convention's original text of 1963 and its new version as amended by the protocol. After the protocol has come into force, a state may only accede to the amended version, but in the inter se relations of the States Party to the 'old' Vienna Convention the provisions of that convention will remain in force until such time as they have acceded to the new protocol. This rather complicated situation is nevertheless understandable and is fully in accord with Article 40 of the 1969 Vienna Convention on the Law of Treaties, which provides for the amendment of multilateral treaties. In 1989 the negotiations on the revision of the Vienna Convention had begun with the aim of strengthening the existing nuclear liability regime and of improving the situation of potential victims of nuclear accidents. The Protocol to Amend the Vienna Convention serves those purposes; it also reflects a good compromise, since it is the outcome of a negotiation process in which experts from both nuclear and non-nuclear states, from Contacting Parties and non-Contracting Parties were very active. That affords some assurance that the compromise solution reached is acceptable to all States participating in the adoption of

  19. Improvement of nuclear liability system and pros and cons for becoming a party to conventions

    International Nuclear Information System (INIS)

    Kim, S. W.; Jang, K. H.; Oh, B. J.; Yoo, S. O.; Kang, S. C.; Lee, J. I.

    2001-01-01

    In accordance with the 2001 amendment of the Nuclear Liability Act of 1969, the definition of nuclear damage was extended, the amount of liability and compulsory financial security became 300 million SDRs, prescription period for personal injury or loss of life became 30 years. Under the condition that the benefit of becoming a party to a international nuclear liability regime keeps in equilibrium with the cost thereof, we may become a party to the convention

  20. Risk of nuclear damage

    International Nuclear Information System (INIS)

    Kienzl, K.

    1997-01-01

    Following the opening and words of welcome by Mr. Fritz Unterpertinger (unit director at the Austrian Federal Ministry for the Environment, Youth and Family; BMUJF) Mrs Helga Kromp-Kolb (professor at the Institute for Meteorology and Physics of the University of Natural Resources Science Vienna) illustrated the risks of nuclear damage in Europe by means of a nuclear risk map. She explained that even from a scientific or technical point of view the assessment of risks arising from nuclear power stations was fraught with great uncertainties. Estimates about in how far MCAs (maximum credible accident) could still be controlled by safety systems vary widely and so do assessments of the probability of a core melt. But there is wide agreement in all risk assessments conducted so far that MCAs might occur within a - from a human point of view - conceivable number of years. In this connection one has to bear in mind that the occurrence of such a major accident - whatever its probability may be - could entail immense damage and the question arises whether or not it is at all justifiable to expose the general public to such a risk. Klaus Rennings (Centre for European Economic Research, Mannheim, Germany) dealt with the economic aspects of nuclear risk assessment. He explained that there are already a number of studies available aiming to assess the risk of damage resulting from a core melt accident in economic terms. As to the probability of occurrence estimates vary widely between one incident in 3,333 and 250,000 year of reactor operation. It is assumed, however, that a nuclear accident involving a core melt in Germany would probably exceed the damage caused by the Chernobyl accident. The following speakers addressed the legal aspects of risks associated with nuclear installations. Mrs Monika Gimpel-Hinteregger (professor at the Institute for Civil Law in Graz) gave an overview on the applicable Austrian law concerning third party liability in the field of nuclear energy

  1. A review on liability in case of nuclear accident

    International Nuclear Information System (INIS)

    Gallage-Alwis, Sylvie; Faron, Pauline

    2013-01-01

    After having evoked assessments of the cost of a nuclear accident in France and of that of damages caused by the Fukushima accident, the authors propose an overview of the issue of liability of companies involved in the operation of a nuclear power plant. They outline that this regime is mainly governed by two international conventions: the Paris Convention on third party liability in the field of nuclear energy, and the Brussels Convention. The first one bears on the liability of nuclear installation operators, while the second one aims at ensuring an additional compensation of casualties on public funds. They also evoke the Vienna Convention which aims at defining a world regime for nuclear liability. They outline the limited scope of application of the Paris Convention, and the limitation of compensations. They discuss the liability of companies others than those operating nuclear installations

  2. Legislative Study on China’s Compensation for Nuclear Damage Liability

    Directory of Open Access Journals (Sweden)

    Jiu Liu

    2018-06-01

    Full Text Available The civil nuclear industry plays an important role in improving environmental quality and safeguarding energy security in China. Nevertheless, the industry is facing a huge risk of nuclear accident damage. The legal system of nuclear damage compensation is of vital importance for the industry to address potential risks. The Nuclear Safety Law, which has recently been published in China, stipulates two articles about nuclear damage compensation in principle. However, in general, the current nuclear damage compensation legal system in China has not yet been made systematic and there are still problems, such as a lack of maneuverability and details. This paper adopts qualitative and quantitative methodologies to summarize and analyze the current legislation and regulation pertaining to civil nuclear damage compensation liability in China and analyzes the shortages and deficiencies of these rules in detail by using legal analysis methods. Suggestions to establish and perfect China’s legal system of nuclear damage compensation are proposed to safeguard the healthy development of the civil nuclear industry and remedy damages brought about by nuclear accidents. Such a legal system should contain the elements of clear legislative goals and objectives, a specific definition and scope of nuclear damage, strict and sole responsibility principles for operators, an appropriate liability amount, a stable financial guarantee for operators, and national supplementary liability.

  3. Public international law and civil law liability for compensation for damages by virtue of international environmental law

    International Nuclear Information System (INIS)

    Rest, A.

    1982-01-01

    The author analyses the current provisions in international law and international private law for their suitability to establish liability for damages due to transfrontier pollution, also taking into account damage occurred through the operation of nuclear power plants. As a result the author suggests that the national goverments should jointly set up standards and catalogues of environmentally detrimental effects and impacts, and of the seriousness thereof, and to make these form part of international conventions and agreements which also should unambigiously state liability for compensation for damages. For activities involving special hazards, liability for risks should be introduced in such a body of international regulations. (CB) [de

  4. Trends in nuclear third party liability law

    International Nuclear Information System (INIS)

    Avossa, G.

    1992-01-01

    For some ten years now, nuclear third-party liability has been changing at an ever-faster pace, further accelerated by the Chernobyl catastrophe. Some of these changes are discussed in this article. A joint protocol drawn up by the International Atomic Energy Agency (IAEA) and the Nuclear Energy Agency (NEA) mutually extends the benefit of the special third-party liability system regarding nuclear damage instituted by virtue of previous Conventions and settles the conflicts of law likely to result from the simultaneous application of the two international instruments. Within the framework of the IAEA, a review procedure of the Convention of Vienna has been underway since 1989, in which the NEA has taken an integral part. At the outcome of the process underway, not only will the Convention of Vienna be revised, but so, indirectly but very rapidly, will the Conventions of Paris and Brussels. Ultimately, the entire field of nuclear third-party liability will be recast for decades to come. The texts under discussion are as yet nowhere near their final stage but two areas of consideration have already emerged, which will be discussed. Substantial modifications are made in nuclear third-party liability law. Secondly, the indemnification process for nuclear damage will be vastly modified, due to the subsidiary nature of government intervention and new obligations on operators to become members of a Nuclear Operator Pool. (author)

  5. Nuclear damage under the 1997 protocol: conventional thinking?

    International Nuclear Information System (INIS)

    Warren, G.

    2000-01-01

    This communication expresses the critical point of view of nuclear insurers about the international civil liability system and tackles questions about the current revision of this system. After having examined the nuclear risk nature in the insurance point of view and remind the objective of nuclear conventions in this context, the author expresses the opinion that compensation means, planned by these conventions, can be suitable to limited nuclear accident but would be insufficient to face the consequences of a serious nuclear accident. (N.C.)

  6. Strengthening Canada's nuclear liability regime

    International Nuclear Information System (INIS)

    McCauley, D.; Henault, J.

    2014-01-01

    On January 30, 2014, a Bill entitled the Energy Safety and Security Act, was introduced in Parliament that, among other things, would strengthen Canada's nuclear civil liability legislation by replacing the current Nuclear Liability Act. The proposed legislation also includes implementing provisions that would permit Canada to join the International Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage. This paper will discuss the importance of a comprehensive civil liability regime for nuclear damage to a country's legislative framework for nuclear development and will present the key elements of Canada's new legislation and the policy considerations behind them. (author))

  7. Development of international law concerning nuclear liability

    International Nuclear Information System (INIS)

    Ifflaender, G.; Kantner, G.

    1979-01-01

    A short overview is given of the most important international conventions relating to civil liability for damage to, or loss of, life of persons or property, caused by nuclear incidents during the operation of stationary and non-stationary nuclear installations or transport of nuclear material. In accord with the international provisions, in the German Democratic Republic too, nuclear operators are exclusively liable for such damage unless it has been caused intentionally by the injury party. (author)

  8. Nuclear Liability and Insurance for Nuclear Damage in Sweden

    International Nuclear Information System (INIS)

    Thofelt, H.

    1998-01-01

    This paper contains some facts about the Swedish nuclear energy production system and about the nuclear operators liability with the important issues. The nuclear insurance of Sweden is also explained in short terms. (author)

  9. Nuclear liability legislation in the Republic of Croatia

    International Nuclear Information System (INIS)

    Sladonja, B.

    2000-01-01

    This paper contains same basic data about the legal norms relating to the third party liability system for nuclear damage that are in force in Croatia. It also describes the provisions of the new Croatian Act on Liability for Nuclear Damage, giving emphasis on those implementing substantial changes compared to the old Act. Finally, it contains some remarks relating to the possible adoption of Vienna Protocol and Convention on Supplementary Compensation of 1997 or Pariz/Brussels conventions as an alternative and at the end about the practice on the insurance of nuclear risks in the last twenty years by the Croatian Pool. (author)

  10. New legislation on civil liability for nuclear facilities; Nueva legislacion sobre responsabilidad civil en instalaciones nucleares

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2011-07-01

    The criteria followed by the new regulation is to both qualitatively and quantitatively broaden the liability of a nuclear power plant operator. This increase, in both senses, goes above and beyond what the traditional insurance market is technically in a position to handle. This has resulted in the need for public funds to cover what the insurance companies cannot. Enforcement of the requirements of the new regulation has been postponed because most of the signatory countries have not ratified the 2004 Protocol to the Paris convention. At this time it is difficult to say when this will take place. (Author)

  11. Senate report on the bill authorizing joining the 2001 International Convention on Civil Liability for Bunker Oil Pollution Damage; Rapport fait au nom de la commission des affaires etrangeres, de la defense et des forces armees (1) sur le projet de loi, Adopte par l'Assemblee Nationale, autorisant l'adhesion a la convention internationale de 2001 sur la responsabilite civile pour les dommages dus a la pollution par les hydrocarbures de soute

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-07-01

    This report recalls the different texts concerning the law of the sea: United Nations Convention on the Law of the Sea (UNCLOS) of 1982 which was ratified by France in 1996, the International Convention on Civil Liability for Oil Pollution of 1992, the creation of the International Oil Pollution Compensation Funds, and the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by sea (HNS) in 1996. While evoking some recent examples of wrecks and pollutions and some already existing French and European initiatives, it describes the implications and consequences of this convention on the French law and for its enforcement, provided that this new treaty is designed to take bunker oil into account as it may induce a significant pollution of the marine environment

  12. Nuclear energy: liability for damage to the environment according to the National Environmental Law

    International Nuclear Information System (INIS)

    Eiras, Sergio Alves; Couto, Roberto Toscano

    1995-01-01

    Liability for damage of the environment is the kind of subject which arouses heated debates in the nuclear energy field among the jurists. Brazil lacks a specific environmental law upon which settlement on questions of nuclear damage could be based. In spite of such lackness, considerable progress has been achieved with the obligatory elaboration of the Environmental Impact Assessment (EIA), the constitutional rules establishing competence and responsibilities on this matter, and some scattered laws. The objective of this work is to focus the responsibility of the Union that exercised the monopoly of nuclear activities, its agents and the team of experts which elaborate the EIA as well as the damage to the environment from a nuclear accident. This study is based on the legal definitions of nuclear reactor, radioactive waste and product, radioisotope, among others. It also focuses some proposed amendments of the law regulating both the civil and criminal liabilities for nuclear damage. (author). 7 refs

  13. Improvement of nuclear third party liability system

    International Nuclear Information System (INIS)

    Kim, S. W.; Oh, B. J.; Yoo, S. O.; Kang, S. C.; Lee, J. I.

    2001-01-01

    A special regime for nuclear third party liability is necessary since the ordinary common law is not well suited to deal with the particular problems in the field of nuclear industry. The basic principles of this regime is i) strict liability (other than traditional fault liability), ii) channelling and the exclusive liability of operator, iii) compulsory financial security, iv) limits on liability in amount and in time v) intervention by the state, etc. In Korea, a revision was made to the Nuclear Damage Compensation Act on 16th January, 2001. The revision aimed at the reflection of the spirit of the new Vienna Convention on Nuclear Liability (1997) such as i) limit of liability to an amount of 300mil SDR, ii) increase of the level of financial protection (in the presidential decree, the 'Phasing-In' system would be introduced), iii) Extension of the definition 'nuclear damage', iv) extension of the scope of application to EEZ, v) deletion of 'natural calamity' from the causes of immunity, vi) extension of prescription period for personal injury to a length of 30 year

  14. Civil Liability And Indemnity For Moral Damage In Labour Law: Application Of The Doctrine Of Punitive Damages

    Directory of Open Access Journals (Sweden)

    Elizabete Geremias

    2016-12-01

    Full Text Available This paper aims to explain and analyze the importance of the civil liability under labour law with particular emphasis on the application of the doctrine of "punitive damages" as a breakthrough for the development of Brazilian law in the field of solutions to real problems to the fundamental rights at work. The problem of the research is to identify the application of the doctrine of "punitive damages", its justification under the system of civil liability and, in particular, its applicability as a defense mechanism for fundamental rights at work. The research is descriptive and explanatory, documentary-bibliographical.

  15. The United States nuclear liability regime under the Price-Anderson Act

    International Nuclear Information System (INIS)

    Brown, O. F.

    2011-01-01

    The 1958 U. S. Price-Anderson Act created the worlds first national nuclear liability regime. It now provides US $12,6 Billion of nuclear liability coverage for the 104 nuclear power plants in the United States, by far the highest monetary coverage of any nuclear liability regime in the world. Each power plant operator provides nuclear hazards coverage for anyone liable through a combination of private insurance from the American nuclear insurance pool (now US$ 375 million) and a retrospective assessment (now US$111,9 million per power plant per incident plus 5 percent for claims and costs). The United States in 2008 ratified the International Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage (CSC). and is promoting it as the basis for a more global nuclear liability regime uniting States that are party to the Vienna Convention or the Paris Convention, or have a domestic law consistent with the CSC Annex. The CSC Annex was written to grad father the Price-Anderson Acts economic channeling of liability to the installation operator. The omnibus feature of Price-Anderson is similar to the legal channeling of all liability to the installation operator under the international nuclear liability conventions and domestic laws of many other countries. The Price-Anderson system (like the Vienna and Paris Conventions) does not provide liability coverage for nuclear damage to or loss of use of on-site property. (Author)

  16. Liability and insurance aspects of international transport of nuclear materials

    International Nuclear Information System (INIS)

    van Gijn, S.H.

    1985-01-01

    The Paris and Vienna Conventions do not affect the application of any international transport agreement already in force. However, in certain circumstances both the nuclear operator and the carrier may be held liable for nuclear damage which arises during international transports of nuclear materials. The ensuing cumulation of liabilities under the Nuclear and Transport Conventions may cause serious problems in obtaining adequate insurance cover for such transports. The 1971 Brussels Convention seeks to solve this problem by exonerating any person who might be held liable for nuclear damage under an international maritime convention or national law. Similar difficulties are encountered in the case of transports of nuclear materials between states which have and states which have not ratified the Paris and Vienna Conventions. (NEA) [fr

  17. Compensation for damages in case of a nuclear accident

    International Nuclear Information System (INIS)

    Leger, M.

    2011-01-01

    This article presents the system of compensation for damages in case of a nuclear accident. This system of civil liability for nuclear damage, as a specific regime, departs on several points from the common rules of civil liability, in order to provide an adequate and equitable compensation for the damages suffered by the victims of nuclear accidents. The French system of civil liability for nuclear damage results from two International Conventions integrated in French law (Paris convention 1960 and Brussels convention 1963) and the French law of 1968, October 30 on civil liability in the area of nuclear energy. These texts define the conditions under which a nuclear operator could be held liable in case of a nuclear accident. The protocols to amend the Paris and Brussels Conventions of 2004, not yet come into force, are also presented. They ensure that increased resources are available to compensate a greater number of victims of a nuclear accident. (author)

  18. Report realized on behalf of the Commission of the Foreign Affairs on the law project, adopted by the Senate, authorizing the approbation of the agreement between the French Republic Government and the Russian Federation Government relative to the civil liability concerning the nuclear damages occurring from the providing of goods devoted to nuclear installations in Russian Federation and coming from the French Republic

    International Nuclear Information System (INIS)

    Andre, R.

    2003-01-01

    In the framework of the civil liability concerning the nuclear damages occurring from the providing of goods devoted to the russian installations, this document presents the international cooperation between the France and the russian institutes and administrations. The objective of this document is to supply a juridical framework concerning the goods realized in Russia by France. The cooperation field with Russia is wide. Nevertheless, it concerns in first part, the 190 nuclear submarine dismantling. (A.L.B.)

  19. Third party liability of nuclear installation decommissioning with Russian nuclear submarines as an example: insurance versus technologies

    Energy Technology Data Exchange (ETDEWEB)

    Gavrilov, S.D. [PREKSAT Ltd., Moscow (Russian Federation); Derevyankin, A.A. [Reseaarch and Development Institute of Nuclear Power Engineering, Moscow (Russian Federation); Khamyanov, L.P. [All-Russian Research Institute on NPP Operation, Moscow (Russian Federation); Kovalenko, V.N. [Ministry for Nuclear Energy Of Russian, Moscow (Russian Federation); Kovalivich, O.M. [Research and Technological Center for Nuclear and Radiation Safety of Supervisory, Nuclear Energy State Commitee of Russia, Moscow (Russian Federation); Smirnov, P.L. [Nuclear Safety Institute of Russian Academy of Sciences, Moscow (Russian Federation)

    2001-07-01

    Third party and environment of civil liability damage caused by incidents at military nuclear installations, for instance at decommissioned NPS (nuclear powered submarines), may be divided into three main trends: -) Liability of NPS without high-enriched irradiated nuclear fuel (SNF) for its self-submersion (radiation incident); -) Liability of NPS with SNF aboard for its self-submersion (radiation incident); and -) Liability of floating NPS for its SNF discharge (nuclear accident). Without step-by-step transition from the Russian Federation guaranties to insurance and making allowance for liability limits according to the Vienna Convention approach, the sizes of the financial guarantee for the civil liability of the NPS owner (Russian state), in US dollars of 2000, are approximately assessed as the following: -) storing decommissioned NPS or a floating module without SNF - from 12 to 25 thousand dollars per year (per one submarine or module); -) storing decommissioned NPS with SNF inside reactors cores - from 25 to 40 thousand dollars per year; -) assembly-by-assembly removing SNF from reactors' core of decommissioned NPS - up to 1.5 million dollars for undamaged reactor per the discharging period; -) SNF removing within reactor using the filled in-space reactor's core by liquid-phased hardened or dispersed solid-phase materials from decommissioned NPS - from 30 to 50 thousand dollars for undamaged reactor per the discharging period. Both rates and sums for NPS with damaged reactors are to be estimated for the each damaged reactor and NPS at all. It is necessary to perform the measures reducing the risk of nuclear accidents of NPS with undamaged SNF and NPS with damaged reactors in possibly short time. It will allow not only to cut risks by ten times and more, but also to accumulate necessary insurance reserves faster. These measures can be partially or completely executed using the preventing measures reserves assigned to all decommissioned Russian NPS

  20. Third party liability of nuclear installation decommissioning with Russian nuclear submarines as an example: insurance versus technologies

    International Nuclear Information System (INIS)

    Gavrilov, S.D.; Derevyankin, A.A.; Khamyanov, L.P.; Kovalenko, V.N.; Kovalivich, O.M.; Smirnov, P.L.

    2001-01-01

    Third party and environment of civil liability damage caused by incidents at military nuclear installations, for instance at decommissioned NPS (nuclear powered submarines), may be divided into three main trends: -) Liability of NPS without high-enriched irradiated nuclear fuel (SNF) for its self-submersion (radiation incident); -) Liability of NPS with SNF aboard for its self-submersion (radiation incident); and -) Liability of floating NPS for its SNF discharge (nuclear accident). Without step-by-step transition from the Russian Federation guaranties to insurance and making allowance for liability limits according to the Vienna Convention approach, the sizes of the financial guarantee for the civil liability of the NPS owner (Russian state), in US dollars of 2000, are approximately assessed as the following: -) storing decommissioned NPS or a floating module without SNF - from 12 to 25 thousand dollars per year (per one submarine or module); -) storing decommissioned NPS with SNF inside reactors cores - from 25 to 40 thousand dollars per year; -) assembly-by-assembly removing SNF from reactors' core of decommissioned NPS - up to 1.5 million dollars for undamaged reactor per the discharging period; -) SNF removing within reactor using the filled in-space reactor's core by liquid-phased hardened or dispersed solid-phase materials from decommissioned NPS - from 30 to 50 thousand dollars for undamaged reactor per the discharging period. Both rates and sums for NPS with damaged reactors are to be estimated for the each damaged reactor and NPS at all. It is necessary to perform the measures reducing the risk of nuclear accidents of NPS with undamaged SNF and NPS with damaged reactors in possibly short time. It will allow not only to cut risks by ten times and more, but also to accumulate necessary insurance reserves faster. These measures can be partially or completely executed using the preventing measures reserves assigned to all decommissioned Russian NPS and

  1. Insurance Cover for Revised Nuclear Liability

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    2008-01-01

    The financial security to be provided to victims of an incident at a nuclear installation is the main objective of international nuclear liability conventions. As from the introduction of the Paris Convention on Third Party Liability in the Field of Nuclear Energy in 1960 and the Vienna Convention on Liability for Nuclear Damage in 1963 insurers have been prepared to provide the financial capacity needed to cover the liability under both conventions. They did so in close co-operation with the competent national and international authorities, which has resulted in the insurability of as much of the nuclear liability under the conventions as possible. This tradition of co-operation between authorities and insurers was extended to include the revision negotiations regarding the above conventions, which were concluded in 1997 and 2004 respectively. This has resulted in the insurability of by far the largest part of the convention based liability. However, some heads of damage have been introduced about which insurers had expressed concerns as to their likelihood to attract insurance support. In view of the explicit choice by Convention States to include the uninsurable heads of damage into the revised conventions one would expect that liability for them would fall upon national Governments. This would reflect practice in a number of States, which already assume liability for uninsurable mandatory liabilities for a long time. Nonetheless some other States now seem reluctant to do so, the resulting deadlock having a tendency to manifest itself in a negative perception of the insurance industry. Insurers are therefore appreciative of the forum provided by the CNS to once again explain the areas where problems as regards insurability have arisen and why this is the case. This presentation will show that those areas are few in number and notably relate to a limited number of environmental damages as well as the extension of prescription periods. Furthermore, thoughts will

  2. Nuclear liability act and nuclear insurance

    International Nuclear Information System (INIS)

    Clarke, Roy G.; Goyette, R.; Mathers, C.W.; Germani, T.R.

    1976-01-01

    The Nuclear Liability Act, enacted in June 1970 and proclaimed effective October 11, 1976, is a federal law governing civil liability for nuclear damage in Canada incorporating many of the basic principles of the international conventions. Exceptions to operator liability for breach of duty imposed by the Act and duty of the operator as well as right of recourse, time limit on bringing actions, special measures for compensation and extent of territory over which the operator is liable are of particular interest. An operator must maintain $75,000,000. of insurance for each nuclear installation for which he is the operator. The Nuclear Insurance Association of Canada (NIAC) administers two ΣPoolsΣ or groups of insurance companies where each member participates for the percentage of the total limit on a net basis, one pool being for Physical Damage Insurance and the other for Liability Insurance. The Atomic Energy Control Board recommends to the Treasury Board the amount of insurance (basic) for each installation. Basic insurance required depends on the exposure and can range from $4 million for a fuel fabricator to $75 million for a power reactor. Coverage under the Operator's Policy provides for bodily injury, property damage and various other claims such as damage from certain transportation incidents as well as nuclear excursions. Workmen's Compensation will continue to be handled by the usual channels. (L.L.)

  3. Act No. 225 of 17 March 1979 containing regulations on third party liability for damage caused by nuclear incidents; Nuclear Incidents (Third Party Liability) Act

    International Nuclear Information System (INIS)

    1979-01-01

    This Act on nuclear third party liability provides that the maximum amount of liability of the operator of a nuclear installation in the Netherlands is set at 100 million guilders in accordance with the Paris Convention; it also implements the Brussels Supplementary Convention's additional compensation mechanism. The new Act further provides that if damage is suffered on the Netherlands' territory as a result of a nuclear incident for which compensation is payable pursuant to the Brussels Convention or to the Act, and that the funds available for this purpose are insufficient to secure compensation of such damage to an amount of one thousand million guilders, the State shall make available the public funds needed to compensate such damage up to that amount. (NEA) [fr

  4. Apportioning liability for transborder damage

    International Nuclear Information System (INIS)

    Krause-Ablass, W.D.

    1988-01-01

    The author analyses the different legal systems applicable to transfrontier nuclear damage. Using examples, he describes the mechanisms enabling a victim of such damage to identify the competent court and the relevant law, according to whether the provisions of the Paris or the Vienna Convention come into play or whether the rules of private international law, incorporated in the various national laws are applicable (NEA) [fr

  5. Plight of China nuclear liability law and solutions of nuclear operating companies

    International Nuclear Information System (INIS)

    Su Guangchao; Wang Yonggang; Tang Yangyang

    2010-01-01

    With the development of nuclear use for peaceful purposes and the intensification of international cooperation in the field of nuclear energy, many countries attach more and more importance to legal risks of nuclear liability, and the companies in nuclear industry also enhance research on restrictive articles of nuclear liability in their international businesses. However, because China has neither signed any international convention on civil liability for nuclear damage nor adopted any law on atomic energy and on compensation for nuclear damage, many impediments often occur in international cooperation and trade. This essay is trying to outline the status and structure of international nuclear liability, analyze nuclear liabilities in international procurement for nuclear operating companies and respective solutions. (authors)

  6. Nuclear Liability and Insurance Protection for Nuclear Transport Accidents Involving Non-Contracting EU States: An assessment

    International Nuclear Information System (INIS)

    Horbach, N. L. J. T.

    2006-01-01

    This paper provides an analysis of the possible complications and consequences with respect to nuclear liability and insurance protection applicable in respect of transport activities resulting in damage suffered and/or accidents occurring in EU States that are not party to the Paris Convention. It looks at the different legal aspects (jurisdiction, applicable law, liability amounts, reciprocity) should the revised Vienna and Paris Convention become applicable in comparison with the unrevised Conventions. Within Europe, a large number of States are party to the 1960 Paris Convention and the 1963 Brussels Supplementary Convention, providing liability and insurance protection, in general, up to a limit of 300 million SDRs (or even higher). In principle, such protection is confined to nuclear incidents occurring and nuclear damage suffered in the territory of Contracting Parties, including, as recommended, the high seas, unless the legislation of the Installation State determines otherwise (Article 2). The geographical scope of application of the Paris Convention would thus vary according to the law of the Installation State. However, some EU States never became party to the Paris Convention, and are not bound by its the liability principles (notably, channelling of liability), such as Austria, Luxembourg and Ireland. Transport accidents involving these countries might therefore result in liability claims outside the treaty liability regime against operators, suppliers, carriers or persons involved and for types of damages different from those currently covered by the Paris Convention (e.g., environmental damage). It is uncertain to what extent liability insurance of the installation operators would provide adequate protection and whether related damage claims can be enforceable. In addition, a number of newly entered EU States are party to the Vienna Convention, which, although bound by liability principles basically similar to those of the Paris Convention, will

  7. South African nuclear liability laws - recent changes and challenges for insurers

    International Nuclear Information System (INIS)

    Da Silva, C.

    2004-01-01

    In the past South African Regulators did not stipulate the levels of insurance required by nuclear operators but required only that they carry adequate security. Over the last few years the South African legislators have given serious consideration to the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third Party Liability in the Field of Nuclear Energy, but decided against being signatories to such conventions. Instead, the conventions were used as a guideline as to specific requirements for local operators. Regulations have been drafted setting out specific limits of cover dependant on the type of licence held by local operators. Due to the fact that local liabilities will arise in local currencies the required limits of Insurance were converted from equivalent foreign amounts into Rands. Due to some extreme currency fluctuations this has resulted in the setting of very high Rand limits, placing both the operators and insurers in an uncertain and very difficult position with regards to accumulation adequate capacity. This paper aims at explaining the revisions that are being considered which if implemented will address insurers and operators concerns regarding available capacity the impossibility of compliance with current limits.(author)

  8. Natural Disaster as a Reason to Annul the Nuclear Liability: From National and International Law’s Perspective

    International Nuclear Information System (INIS)

    Taufiq, D.

    2016-01-01

    One serious issue that deserves more attention from Indonesia before constructing its first NPP, regarding its ''ring of fire'' geological position, is the natural disaster as a reason to annul the nuclear liability. Article 32 of Act No 10 Year 1997 on Nuclear Energy stipulates that ''nuclear installation operator shall not be responsible for the damage caused by a nuclear accident that occurred as a direct impact of a domestic or international armed conflict or natural disaster that exceeded the design limits and acceptance criteria set by the regulatory body.'' In its explanation natural disaster includes earthquakes. This article adopts the provision of article IV paragraph 3b 1963 Vienna Convention on Civil Liability for Nuclear Damage. But, in 1997 Amendment Protocol, this provision has been deleted. Natural disasters often referred to as an ''act of god'' because it occurs outside the control of the human. Nevertheless, not all natural disasters could cause the operator to annul its civil liability. The most important question is: ''has the operator taken all necessary preventive actions to prevent accidents, before and during the natural disaster?''

  9. Stakeholder involvement in international conventions governing civil nuclear activities

    International Nuclear Information System (INIS)

    Emmerechts, Sam

    2017-01-01

    Mr Emmerechts explained that international conventions have varying positions on stakeholders and their involvement depending upon the intent of the legislator and the field they cover, ranging from a narrow to a broad interpretation. He addressed stakeholder involvement in two other international conventions governing civil nuclear activities, namely the Convention on Nuclear Safety, and the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (the Joint Convention), both concluded under the auspices of the International Atomic Energy Agency (IAEA). He noted that the Convention on Nuclear Safety remains a 'traditional' international legal instrument, focusing on governments and governmental bodies as the main stakeholders and limiting obligations regarding the involvement of the public and intergovernmental organisations to their receiving information and observing. Likewise, the Joint Convention limits obligations regarding public involvement to access to information, notably as to the siting of proposed facilities. However, he noted that in the European Union, the Directive on Nuclear Safety (2014/87/Euratom) and the Directive for the Safe Management of Spent Fuel and Radioactive Waste (2011/70/Euratom) have more advanced public participation requirements in nuclear decision making. Mr Emmerechts explained that the substantial differences between nuclear legislation and the Aarhus and Espoo Conventions with regards to public involvement requirements could partly be explained by the technicality of nuclear information and by issues related to nuclear security

  10. Some legal-liability considerations on the Romanian concerns in the nuclear field

    International Nuclear Information System (INIS)

    Chirica, T.; Sandru, P.; Vatamanu, M.

    1995-01-01

    The national nuclear legislation is concerned with specific issues related to nuclear safety radiation protection clean-up activities, liability and financial guarantees for nuclear damages; it may be noted that Romania adhered to the nuclear third party liability Vienna Convention and Joint Protocol on December 29, 1992. The Romanian National Nuclear Program, which includes not only the nuclear fuel cycle but also nuclear research facilities and other peaceful applications of radioactivity implies that Romania government is aware for its own facilities, by the settlement of the insurance and pooling system for its own nuclear facilities, as well as for the regional aspects for the liability system for nuclear damage. It must be point out the opportunity and the priority to cooperate with the developed country having in mind the necessity for nuclear insurance coverage of the financial capital invested in Romania's power sector, as well as in the eastern Europe and the former Soviet Union. (Author)

  11. Focus on the future of nuclear liability law

    International Nuclear Information System (INIS)

    Pelzer, N.

    2000-01-01

    The main nuclear liability principles are examined. Then, aspects newly introduced by the 1997 Convention on Supplementary Compensation and by the new austrian nuclear liability law are studied. Then general deliberations on the extent and the limits of a civil nuclear liability regime are tackled. (N.C.)

  12. The scope of obligatory civil liability insurance of entities conducting medical activities and liability for damages resulting from violations of patients’ rights in the Polish law

    Directory of Open Access Journals (Sweden)

    Anna Augustynowicz

    2018-04-01

    Full Text Available Abstract: In the elaboration, the objective scope of obligatory civil liability insurance of entities conducting medical activities in the context of protection from damages resulting from violations of patients’ rights was presented. Based on art. 25 sec. 1 of the Act on Medical Activity, insurance protection covers damages that are the result of the provision of medical services or an illegal omission to provide them. It concerns consequences of erroneous actions related to the provision of medical services as well as damages occurring as a result of an unjustified refusal to provide a medical service or premature cessation of the provision of services if there was an objective prerequisite to continue them driven by medical grounds. The objective scope of insurance protection resulting from obligatory civil liability insurance of an entity conducting medical activities does not apply – as a rule – to damages resulting from violations of patients’ rights. It cannot be considered that a damage related to violation of a patient’s right constitutes a consequence of the provision of medical services or an illegal omission of the provisions of medical services. Such damage is a consequence of a violation of the patient’s right. Financial consequences of patients’ claims resulting from violations of patients’ rights will be borne by entities conducting medical activities. If a patient requests a financial redress, its payment will not be made from the obligatory civil liability insurance policy. The violation of patient’s right to medical services constitutes the only exception.

  13. Legal aspects of transport of nuclear materials

    International Nuclear Information System (INIS)

    Jacobsson, Mans.

    The Paris Convention and the Brussels Supplementary Convention are briefly discussed and other conventions in the field of civil liability for nuclear damage are mentioned: the Vienna Convention, the Nuclear Ships Convention and the 1971 Convention relating to civil liability in the field of maritime carriage of nuclear material. Legislation on civil liability in the Nordic countries, which is based on the Paris Convention and the Supplementary Convention is discussed, notably the principle of channelling of liability and exceptions from that principle due to rules of liability in older transport conventions and certain problems due to the limited geographical scope of the Paris Convention and the Supplementary Convention. Insurance problems arising in connection with transport of nuclear materials are surveyed and an outline is given of the administrative provisions concerning transport (based on the IAEA transport regulations) which govern transport of radioactive materials by different means: road, rail, sea and air. Finally, the 1968 Treaty on the Non-Proliferation of Nuclear Weapons is discussed. (NEA) [fr

  14. Federal Act of 29 April 1964 on Liability for Nuclear Damage (Atomic Liability Act)

    International Nuclear Information System (INIS)

    Under this Act, the operator of a nuclear installation is liable for any nuclear incident occurring in such installation or which is caused by nuclear substances in his charge. If an incident is caused by a radioisotope, the person in possession of the radioisotope at the time of the incident is liable therefore. When an incident occurs during transport of nuclear substances, the carrier is liable in three cases only: when such substances are neither despatched to nor originating from installations on Austrian territory; when they are despatched without the written consent of the Austrian operator who is to receive them; and when they are not destined for a nuclear installation. Other provisions of the Act fix liability ceilings, a basis for apportionment of compensation when several victims are involved and the amount of security for coverage of the operators liability. The Act came into force on 1 September 1964. (NEA) [fr

  15. Report realized on behalf of the Foreign Affairs Commission, of Defense and Armed Forces on the law project allowing the agreement approbation between the French Republic Government and the Russian Federal Government relative to the civil liability concerning the nuclear damages occurring from goods supplying to nuclear facilities in Russian Federation and becoming from the French Republic

    International Nuclear Information System (INIS)

    2002-01-01

    The first part presents the international civil liability system in the nuclear domain and details then the 20 june 2000 agreement. It presents also the main aspects of the french-russian cooperation in the nuclear domain. (A.L.B.)

  16. Compensation for damages in case of a nuclear accident; L'indemnisation des prejudices en cas d'accident nucleaire

    Energy Technology Data Exchange (ETDEWEB)

    Leger, M. [CEA Saclay, 91 - Gif sur Yvette (France)

    2011-01-15

    This article presents the system of compensation for damages in case of a nuclear accident. This system of civil liability for nuclear damage, as a specific regime, departs on several points from the common rules of civil liability, in order to provide an adequate and equitable compensation for the damages suffered by the victims of nuclear accidents. The French system of civil liability for nuclear damage results from two International Conventions integrated in French law (Paris convention 1960 and Brussels convention 1963) and the French law of 1968, October 30 on civil liability in the area of nuclear energy. These texts define the conditions under which a nuclear operator could be held liable in case of a nuclear accident. The protocols to amend the Paris and Brussels Conventions of 2004, not yet come into force, are also presented. They ensure that increased resources are available to compensate a greater number of victims of a nuclear accident. (author)

  17. Civil liability and compensation for damages caused by certain hazardous and noxious substances during their carriage by sea

    International Nuclear Information System (INIS)

    Bievre, A. de.

    1985-01-01

    In this paper current international efforts directed at the establishment of a special legal regime for civil liability and compensation for damages caused by hazardous and noxious substances during their transport by sea, specifically chemicals and liquid gas products, are described and analysed. Special attention is given to the way in which concern with the development of an 'environment oriented' regime which provides full recovery for victims in a reliable manner, on the one hand, and, on the other, considerations relating to cost effectiveness complement or conflict with each other. Another important area of investigation concerns the potential role of the marine insurance industry in accident prevention through the provision of incentives for careful (i.e. safe and environmentally sound) behaviour. There is a distinct regulatory trend in favour of strict liability (i.e. liability without fault) and compulsory insurance. There is also a growing perception of the need to depart from the traditional pattern of maritime liability which channels liability automatically to the person exercizing operational control during transport by sea (i.e. the carrier), and to additionally impose liability on those responsible for the risks attached to the inherently harmful characteristics of the cargoes carried. (orig.) [de

  18. The OECD/NEA workshop on the indemnification of nuclear damage in the event of a nuclear accident

    International Nuclear Information System (INIS)

    Wagstaff, F.

    2002-01-01

    Since 1993, the OECD Nuclear Energy Agency (OECD/NEA) has run the International Nuclear Emergency Exercise (INEX) Program. The program serves to discuss an effective accident management approach on the basis of a simulated nuclear accident situation together with the states involved and their institutions, and also elaborate measures for its further improvement. At the present time, the INEX Program has reached Phase 3 in which, for the first time, also aspects of liability for the consequences of accidents were included. These aspects were made the subject of a workshop held after an emergency exercise. The scenario covered was based on an INES level-4 accident in the French Gravelines Nuclear Power Station situated close to the French-Belgian border. The workshop dealt with these topics, among others: the application of the Paris Convention on Third Party Liability, the Brussels Supplementary Convention, and the Vienna Convention on Civil Liability for Nuclear Damage as well as the Supplementary Compensation Convention of 1997. It was seen that there was a clear need for further discussion, especially to shed more light on the interrelationship of these treaties. (orig.) [de

  19. Some aspects of the contractual application of the limited liability of suppliers convened by several international conventions

    International Nuclear Information System (INIS)

    Zaldivar, E.

    1976-01-01

    Civil liability for nuclear damage has been the subject of specific regulations by means of International Conventions and the laws of countries which may be qualified as suppliers of nuclear fuel, materials and installations. These regulations have been necessary to facilitate development of the peaceful uses of atomic energy. A second group of countries, namely those of Latin America, which are also purchasers, lack this specific legislation and have not ratified any International Convention on the subject. In those countries civil liability continues to be ruled by the classic norms of Roman Law. This difference in regimes has made for difficulties between suppliers and purchasers and could obstruct future exchanges in matters of nuclear energy between both groups of countries. It would be desirable for the competent authorities in purchasing countries to study the means of providing their countries with nuclear third party liability legislation based on the principles of the International Conventions. (N.E.A.) [fr

  20. Fusion energy and nuclear liability considerations

    International Nuclear Information System (INIS)

    Fork, William E.; Peterson, Charles H.

    2014-01-01

    For over 60 years, fusion energy has been recognised as a promising technology for safe, secure and environmentally-sustainable commercial electrical power generation. Over the past decade, research and development programmes across the globe have shown progress in developing critical underlying technologies. Approaches ranging from high-temperature plasma magnetic confinement fusion to inertial confinement fusion are increasingly better understood. As scientific research progresses in its aim to achieve fusion 'ignition', where nuclear fusion becomes self-sustaining, the international legal community should consider how fusion power technologies fit within the current nuclear liability legal framework. An understanding of the history of the civil nuclear liability regimes, along with the different risks associated with fusion power, will enable nations to consider the proper legal conditions needed to deploy and commercialise fusion technologies for civil power generation. This note is divided into three substantive parts. It first provides background regarding fusion power and describes the relatively limited risks of fusion technologies when compared with traditional nuclear fission technologies. It then describes the international nuclear liability regime and analyses how fusion power fits within the text of the three leading conventions. Finally, it examines how fusion power may fall within the international nuclear liability framework in the future, a discussion that includes possible amendments to the relevant international liability conventions. It concludes that the unique nature of the current civil nuclear liability regime points towards the development of a more tailored liability solution because of the reduced risks associated with fusion power. (authors)

  1. The need of the Nuclear Civil Liability Insurance; La necesidad del Seguro de Responsabilidad Civil Nuclear (SRCN)

    Energy Technology Data Exchange (ETDEWEB)

    Gomez del Campo, J.

    2011-07-01

    Nuclear Liability Insurance (NLI), emerged as a safety mechanism and product to respond to a great risk. because of the compulsory nature of international and national regulations, it has become a compulsory contract. Nuclear risk coverage pools are founded as groups of insurers and reinsures, without legal entity, which cooperate and pool their resources to deal with these great risks. In spain Atomic Pool has been renamed ESPANUCLEAR, administered by and Economic Interest Grouping called Nuclear risk Insurers. (Author)

  2. Report by the Nuclear Liability Commission

    International Nuclear Information System (INIS)

    2003-01-01

    The Nuclear Liability Commission set up by the Ministry of Trade and Industry was to find out whether the basic principles of Finland's current nuclear liability system are appropriate and well functioning and what changes should be made to the present system, taking into account Finland's position in the European convention system (Paris and Brussels Conventions). No proposal in the form of a bill was expected of the Commission. The Finnish nuclear liability system would be further developed as part of the international convention system so that the negotiated amendments to the conventions would be enforced in Finland as soon as possible after the final adoption of the convention texts. The Nuclear Liability Act would be amended so that the principle of unlimited liability of the nuclear installation operator would be adopted instead of the principle of limited liability. The unlimited liability should be covered by an insurance limited in amount so that the installation operator must take out an insurance of at least euro 700 million to cover the injured parties. The liability of the host State would be extended to cover damages exceeding the amount subject to the liability to take out an insurance referred to above by euro 500 million. The international compensation community would cover damages exceeding euro 1.2 billion by no more than euro 300 million. In this case a total of euro 1.5 billion should be compensated from the liability insurance of the installation operator and on the basis of the liability obligation of the host State and compensation community. Later, within the limits of the insurance capacity available, the liability to take out an insurance could be increased to euro 1.2 billion by gradually raising the limit so as to finally also cover fully the share of euro 500 million of the host State referred to above. As for appeal times, the Nuclear Liability Act would be amended so that the appeal time of personal damages would be prolonged. The

  3. Risk in Nuclear Industry. Liability for Nuclear Damage. Status of the Problem in the Russian Federation

    International Nuclear Information System (INIS)

    Kovalevich, Oleg M.; Gavrilov, Sergey D.; Voronov, Dmitry B.

    2001-01-01

    Russia is one of a few nuclear power states obtaining the whole number of nuclear fuel cycle (NFC) components - from mining of uranium and on-site electricity production, from NPP spent nuclear fuel processing and extracted fissile materials and radionuclides, which are available in industry, in medicine and in other relevant areas, to radioactive waste processing and disposal. For this reason it is very important to solve the problem of nuclear fuel cycle safety as it is a single system task with an adequate approach for all cycle components. The problem is that NFC facilities are technologically various and refer to different industries (mining, machinery engineering, power engineering, chemistry, etc.). Besides, the above facilities need the development of various scientific bases. The most NFC facilities is directly connected with peaceful use of nuclear energy and with military nuclear industry, as the defense orders stimulated the development of NFC. The specific attention to safety problems at the beginning of nuclear complex foundation adversely affected the state attitude towards the risk in nuclear industry, it has left the traces at present. In our paper we touch upon the problems of risk and the liability for nuclear damage for the third persons. The problems of nuclear damage compensation for nuclear facilities personnel and for the owners (operating organizations) are beyond our subject

  4. Maritime zones and the new provisions on jurisdiction in the 1997 Vienna protocol and in the 1997 convention on supplementary compensation

    International Nuclear Information System (INIS)

    Gioia, A.

    2000-01-01

    This article studies the different conventions on nuclear liability, the Vienna Convention, the Paris Convention, and the new arrangements contained in the amendment Protocol of 1997. This last part comes from the evolution of the international Law of the sea, and the Convention of 1982 on the law of the Sea is exposed. (N.C.)

  5. Financial security for nuclear liability

    International Nuclear Information System (INIS)

    Francis, H.W.

    1979-01-01

    In almost every country where nuclear insurance pools operate, except for the United States, national nuclear legislation is either based on the principles of the Paris and Vienna nuclear third party liability conventions or is strongly influenced by them. The most important feature of this legislation is the absolute liabilityy of the operator, which simplifies the insurance process by avoiding duplication of cover and minimising the possibility of complex legal questions arising in case of an incident. The paper describes the arrangements for provision of financial security, the prescription period, insurance requirements, legal costs etc. Also, problems connected with the insurance of two or more installations on the same site are analysed. (NEA) [fr

  6. Criminal offences considered in the Convention on the Physical Protection of Nuclear Material

    International Nuclear Information System (INIS)

    Neira, C.C.

    1996-01-01

    The Convention on the Physical Protection of Nuclear Material was signed in Vienna, on April 3, 1980, approved by Law 23.620 on September 28, 1998, and published in the Official Bulletin of the Argentine Republic on November 2, 1988. This Convention considers some aspects of Criminal Law and Criminal Procedural Law and integrates the normative hierarchical structure of the article 31 of the National Constitution. The adequacy of this Convention to the Argentine law is considered through two aspects: The first one examines figures existing in the Argentine Legislation about larceny and robbery of nuclear materials, misappropriation of nuclear materials, obtainment and fraud of nuclear materials, exaction through threat or intimidation, etc., which are considered in different articles of the Argentine Criminal Law. The second one analyses behaviours not foreseen in the Criminal Law and which are not qualified by the current Argentina's Criminal Code, such as exaction of nuclear material through the use of violence, the international perpetration of an act consisting to receive, possess, use, vacate, scatter nuclear material without legal authorization, or in the case that the act causes death, serious injuries to persons and others. The purpose of the future enactment of a new Nuclear Law is to put in order and fill-in gaps referred to different aspects such as civil liability in nuclear damages, characteristics of the nuclear damages, etc [es

  7. Electronuclear Park, Privatization and Civil Strict Liability

    International Nuclear Information System (INIS)

    Mondello, Gerard Camille

    2008-01-01

    The civil strict liability regime of the electronuclear industry is a fundamental variable for preventing risk. Because prices of other energies as oil or gas are becoming higher and unpredictable, nuclear power becomes cost-effective and may favour the partial privatization of nuclear parks. By considering theoretical traditional liability models, we study the conditions that ensure the most efficient safety level when comparing natural monopoly situation and Bertrand duopoly. Our results are that natural monopoly is safer than duopoly only when strict liability is fully applied. We define conditions that neutralize risk for applying some privatization plan to nuclear park

  8. International responsibility of using nuclear energy for peaceful purposes

    International Nuclear Information System (INIS)

    Ouenat, N.

    2008-01-01

    Although the stability of the idea of international responsibility in public international law, the international jurisprudence has not settled on a definition. The concept of international responsibility is no longer limited to the legal effects or consequences under international law to violate its provisions. The states recognized that the customary principles governing the international responsibility in public international law does not take into account the specificities of nuclear dangers, this sought to conclude a number of international conventions include a special system of nuclear liability not based on the wrongful act, but on the principle of keeping things, and it requires the existence of an international regime for nuclear liability in order to establish measures and procedures to achieve the implementation of the provisions for compensation unhindered by national legal systems. There is no doubt that the use of nuclear energy in time of peace falls within the scope of internationally prohibited acts. Atomic activities undertaken by the State within its borders for peaceful purposes are considered legitimate activities as long as they have taken necessary measures to avoid damage to neighboring countries. States has tended to conclude international agreements under which disputes that may result from the use of nuclear energy can be solved. The existing international legal framework on Civil Liability for Nuclear Damage consists of three major interrelated agreements: Paris Convention on civil liability in the field of nuclear energy, Vienna Convention on Civil Liability for civil damages and the Brussels Convention on Civil Liability in the Field of Maritime Carriage of Nuclear Materials.

  9. The convention on supplementary compensation for nuclear damage and asian states: the advantages and disadvantages of Korea's adherence to the convention

    International Nuclear Information System (INIS)

    Park, K.G.

    2000-01-01

    This paper intends to make some assessments of the advantages and disadvantages which would result from Korea's ratification of the Convention on Supplementary Compensation for Nuclear Damage (CSC), opened for signature on 29 September 1997 in Vienna, Austria. I have presented elsewhere a view on the creation of an Asian regional regime in the event of a transboundary nuclear accident, but here I will focus on the applicability of a global regime especially to Asian States. (author)

  10. The inadequate liability and compensation regime for damage caused by nuclear activities

    International Nuclear Information System (INIS)

    Dyke, Jon M. Van

    2010-09-01

    The specific obligation to provide restitution and compensation when nuclear activities cause injuries has been recognized repeatedly and is now certainly part of customary international law. But problems remain regarding how to measure damages, how to implement the duty to repair the injuries, and what specific obligations exist to protect neighboring states from transboundary pollution. Although some treaties exist governing liability for harm resulting from nuclear accidents, they are not adequate to protect victims and have not been widely ratified. The failure to require nuclear operators to prepare for damage that may result from accidents constitutes a subsidy to the nuclear industry and makes it difficult to compare the real costs of nuclear energy with the costs of other energy sources. This survey of settled norms and unresolved issues demonstrates that further work is needed to develop a comprehensive and authoritative regime to govern harm from nuclear activities. Although it is clear that both the operators of nuclear facilities and the states that have jurisdiction over them would be responsible to provide restitution and compensation for such harm under a strict liability regime, the types of injuries that must be compensated and the range of damages that must be covered remain subjects of controversy. Although the underlying customary international law principles (the no-harm principle and the polluter-pays principle) are clear, the actual treaties that have been drafted are inadequate and they have not been widely ratified. Victims of damage from nuclear activities would have difficulty finding a neutral tribunal in which to bring their claims and would face procedural obstacles including caps on liabilities and inappropriately short statutes of limitations as well as difficulties regarding proof of damages. The failure to develop a proper regime that would ensure full restitution and compensation for harm resulting from nuclear facilities

  11. Government Decree No 24/84 approving accession to the Convention of 31 January 1963 Supplementary to the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy

    International Nuclear Information System (INIS)

    1984-01-01

    Portugal is a Contracting Party of the Paris Convention which establishes a special system of liability for the operator of nuclear installations in Contracting States: absolute liability and its limitation in amount and in time. The Brussels Supplementary Convention, to which Portugal will accede in accordance with this Decree of 24 April 1984, introduces an additional compensation in two further tiers, the first out of public funds from the country where the nuclear incident originates and the second, highest amount, out of public funds from all Contracting States in cases where damage exceeds the sum to be paid by the Contracting Party concerned. (NEA) [fr

  12. Insurance considerations arising from the revision of the Paris and Brussels conventions on nuclear liability

    International Nuclear Information System (INIS)

    Warren, G. C.

    2000-01-01

    The work being undertaken by the 14 countries, party to the 1960 Paris Convention in preparing a revised instrument will or so it is to be hoped provide a more comprehensive scope of liability and a larger compensatory fund for the protection of potential victims. Both these developments have serious implications for insurers or other providers of financial security. Equally they are of concern to society itself as it will be necessary to balance the needs of the individual for example, in obtaining redress for injury or damage to personal property with the need to provide for the ''common good''. The author's paper will attempt to explore these avenues, to point to perceived difficulties and, perhaps, to acceptable solutions. (author)

  13. The Study for the Establishment of the Korea Nuclear Liability System complying with International Standards

    International Nuclear Information System (INIS)

    Lee, D. S.; Chung, W. S.; Yun, S. W.; Kim, H. J.; Lee, J. H.

    2011-06-01

    This study is for making system of the fast and adequate compensation to the victim in the nuclear accident of domestic and foreign country. As a method to come true the purpose we reviewed Convention on Supplementary Compensation for Nuclear Damage (hereinafter 'CSC') and designed enabling laws for joining the CSC. Moreover international workshop regarding the CSC was hold as a main assignment of this study for sharing knowledge and information with neighboring countries. Convention relating to Civil Liability in the Field of Maritime Carriage on Nuclear Material, 1971 shall be analyzed in this study. Legal approach to the CSC and designing enabling laws for joining the CSC were enclosed to this study. As a result of the international workshop this study shows how U.S. (CSC member country) deals with CSC and mandatory obligation of donating the public funds. Finally Convention relating to Civil Liability in the Field of Maritime Carriage on Nuclear Material, 1971 is analyzed legally

  14. Transport of nuclear material under the 1971 Brussels Convention

    International Nuclear Information System (INIS)

    Lagorce, M.

    1975-01-01

    The legal regime in force before entry into force of the 1971 Brussels Convention relating to civil liability for the maritime carriage of nuclear material created serious difficulties for maritime carriers, regarding both the financial risks entailed and restrictions on enjoyment of the rights granted by civil liability conventions. The 1971 Convention exonerates from liability any person likely to be held liable for nuclear damage under maritime law, provided another person is liable under the nuclear conventions or an equivalent national law. A problem remaining is that of compensation of nuclear damage to the means of transport for countries not having opted for re-inclusion of such damage in the nuclear law regime; this does not apply however to countries having ratified the Convention to date. A feature of the latter is that it establishes as extensively as possible the priority of nuclear law over maritime law. Furthermore the new regime continues to preserve efficiently the interests of victims of nuclear incidents. It is therefore to be hoped that insurers will no longer hesitate to cover international maritime carriage of nuclear material [fr

  15. 12 CFR 229.21 - Civil liability.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any...

  16. Costs for insurance of civil responsibility for nuclear damage during transportation of nuclear materials

    International Nuclear Information System (INIS)

    Amelina, M.E.; Arsent'ev, S.V.; Molchanov, A.S.

    2009-01-01

    The article considers the method of calculation of rates for insurance of civil responsibility for nuclear damage during transportation of nuclear materials, which can minimize the insurer's costs for this type of insurance in situation when there is no statistics available and it is not possible to calculate the insurance rate by the traditional means using the probability theory

  17. Liability in nuclear establishments

    International Nuclear Information System (INIS)

    Bockli, H.R.

    1980-01-01

    The paper gives a history of safety legislation in nuclear plants. A change has been suggested to the present law which would put total liability for damage or injury on the owner of the plant. This new legislation is being introduced in Switzerland. It covers even natural disasters as well as acts of war, but excludes injuries caused through negligence or irresponsibility of employee, however, third party injured as a consequence is to be compensated. The liability stretches over 30 years after the event. (G.R.S.)

  18. Nuclear liability legislation in Slovenia

    International Nuclear Information System (INIS)

    Skraban, A.

    2000-01-01

    This paper gives some basic data about nuclear installations in Slovenia, reviews Slovenian national legislation in the field of third-party liability for nuclear damage, applicability of the international nuclear liability treaties in the Slovenian legal system and outlines some main provisions of national legislation. It also aims to give some facts about history and present status of nuclear insurance pool and the insurance of nuclear risks in Slovenia. Paper finally indicates also some future legislative steps with respect to nuclear third party liability, at national and international level. (author)

  19. Liability for nuclear damage: financial and definitional limitations with particular reference to the EEC rules prohibiting subsidies and anti-competitive practices and agreements

    International Nuclear Information System (INIS)

    Sands, P.

    1992-01-01

    In March 1990 the Commission of the European Communities (EEC) held that a package of state aids (subsidies) to the United Kingdom nuclear industry were compatible with Article 92 of the EEC Treaty. The decision was significant because it held that the package of measures constituted ''state aids'' and that the nuclear industry was subject to Article 92 of the EEC Treaty; and it set some of the parameters to determine the conditions under which the Commission will authorise such state aids. The decision has implications for the emerging rules governing civil liability for damage caused by waste, including nuclear waste, currently being prepared by the EC Commission and the International Atomic Energy Agency Standing Committee on Nuclear Liability. (author)

  20. Nuclear liability insurance problems and trends as seen by the European utilities

    International Nuclear Information System (INIS)

    Gulck, Albert van.

    1978-01-01

    After recalling the basic principles of nuclear civil liability conventions, the author describes the different types of damage presently covered by nuclear insurance. Also, a Study Committee was created in Western Europe in 1974 to examine the possibility of setting up a mutual pool to cover risks such as fire and property damage in nuclear installations. In the immediate future machinery breakdown and all risk coverage on-site will not be covered. This mutual pool will widen the nuclear insurance market in the coming decades. (NEA) [fr

  1. Extension of the technical scope of the Paris and Vienna Conventions: fusion reactors and reactors in means of transport

    International Nuclear Information System (INIS)

    Reye, S.

    1993-01-01

    This paper examines the possibility of extending the technical scope of the Vienna and Paris Conventions to two types of nuclear installation presently excluded. Industrial use of fusion reactors is not expected for several decades, but the present revision of the liability regime provides a useful opportunity to ensure in advance that future industrial reactors will be covered, as well as covering risks arising from existing research reactors. Inclusion of nuclear reactors comprised in means of transport (in practice, in ships) in the liability regime would have certain advantages, but given their almost exclusively military use, such a proposal would be politically controversial. 18 refs

  2. Liability for international nuclear transport: an overview

    International Nuclear Information System (INIS)

    Brown, O.F.; Horbach, N.

    2000-01-01

    Many elements can bear on liability for nuclear damage during transport. For example, liability may depend upon a number of facts that may be categorized as follows: shipment, origin or destination of the shipment, deviation from the planed route, temporary storage incidental to carriage; content of shipment, type of nuclear material involved, whether its origin is civilian or defence-related; sites of accident, number and type of territories damaged (i.e. potential conventions involved), applicable territorial limits, exclusive economic zone, high seas, etc.; nature of damages, personal injury, property damage, damage to the means of carriage, indirect damage, preventive measures, environmental cleanup or retrieval at seas, res communis, transboundary damages etc.; victims involved, nationality and domiciles of victims; jurisdiction, flag (for ships) or national registration (for aircraft) of the transporting vessel, courts of one or more states may have (or assert) jurisdiction to hear claims, and may have to determine what law to apply to a particular accident; applicable law, the applicability laws and/or international nuclear liability conventions; the extent to which any applicable convention has been implemented or modified by domestic legislation, conflicts with the 1982 Law of the Sea Convention or other applicable international agreements, and finally, also written agreements between installation operators and carriers can define applicable law as well as responsibilities. Harmonizing nuclear liability protection and applying it to additional international shipments would be facilitated by more countries being in treaty relations with each other as soon as possible. Adherence to an international convention by more countries (including China, Russia, the United States, etc.) would promote the open flow of services and advanced technology, and better facilitate international transport. The conventions protect the public, harmonize legislation in the

  3. Ministerial Decree of 20 March 1979 excluding certain categories of nuclear substances from the scope of the Paris and Brussels Conventions on Nuclear Third Party Liability

    International Nuclear Information System (INIS)

    1979-01-01

    The purpose of this Decree is to exclude certain categories of nuclear substances from the scope of the Paris Convention on Third Party Liability in the Field of Nuclear Energy. Its publication enables implementation at the internal level of the corresponding Decision taken by the OECD Nuclear Energy Agency's Steering Committee on 27 October 1977. (NEA) [fr

  4. Third party nuclear liability regime in the Romanian legislation - current status

    International Nuclear Information System (INIS)

    Chirica, T.; Chiripus, V.

    2004-01-01

    The regime of civil liability for nuclear damages in the Romanian legislation is defined by Law no. 703/2001 on civil liability for nuclear damages, as well as Government Decision no. 894/2003 for the approval of the Norms for the enforcement of Law no. 703/2001. These two documents constitute the legal framework that regulates the third party civil liability for nuclear damages. The paper aims at presenting to the audience the main elements of the relatively recent legal framework, namely: the scope of Law no. 703/2001, as well as the subjects to whom such law applies, the regime of civil liability for nuclear damages in Romania (with special emphasis on the relevant responsibilities of nuclear operators), the Romanian nuclear damages compensation system, statute of limitation for claims, types of insurance and financial guarantees covering against civil liability for nuclear damages, limits of nuclear operators' liability, specific requirements regarding the insurance, responsibilities of control and supervision bodies, assessment of nuclear damage.(author)

  5. IAEA advisory group meeting on nuclear data for radiation damage assessment and related safety aspects, Vienna, 12-16 October 1981

    International Nuclear Information System (INIS)

    Kocherov, N.

    1982-01-01

    This Advisory Group Meeting on Nuclear Data for Radiation Damage Assessment and Related Safety Aspects was convened by the IAEA Nuclear Data Section, at IAEA Headquarters in Vienna, Austria, from 12-16 October 1981. The meeting was attended by 34 participants from 15 countries and 2 international organizations. The main objective of the meeting was to review the requirements for and the status of nuclear data needed for radiation damage estimates in reactor structural materials and related reactor safety aspects, and to develop recommendations to the Nuclear Data Section of the IAEA for its future activities in this field. (author)

  6. To What Extent International Law Constitutes an Appropriate Answer to Nuclear Accidents?

    International Nuclear Information System (INIS)

    Durand-Poudret, E.

    2015-01-01

    Regulating high risks activities has always been an ambitious task as the regime shall both prevent and compensate the potential damage of such activities. It becomes even more complex with nuclear energy as radioactivity possesses this transboundary character which implies an international cooperation. The need for an appropriate framework for nuclear energy started to raise in the 60s, when States realise that the classic liability system was not relevant for that kind of activity. The Paris and Vienna conventions were subsequently adopted in order to fill this legal gap. Nonetheless, the real turning point remains the Chernobyl accident which resulted in a considerable number of new international instruments as 5 conventions were adopted in the fields of safety and emergency preparedness within a 11 years period: the Convention on Early Notification of a Nuclear Accident, the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, the Convention on Nuclear Safety, the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management and the Convention on Supplementary Compensation for Nuclear Damage. This catastrophe was also the occasion to identify and mitigate the shortcomings of the existing regime in undertaking a revision process through several supplementary protocols, the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention, the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage. 25 years after Chernobyl, another tragic nuclear event occurred in Fukushima. Once again it challenged the efficiency of the existing international regime and raises the question as to whether international law represents a relevant solution to such accident. (author)

  7. Transport Nuclear Liability Insurance

    International Nuclear Information System (INIS)

    Folens, M.

    2006-01-01

    Although transport of nuclear substances represents only a very small part of the global transport of dangerous goods, it takes place every day all over the world and it is part of our daily life. Transport of nuclear material takes also place at every stage of the nuclear fuel cycle; radioactive materials are carried out all over the world by all major modes of transport: sea, air, road and rail. Despite the large number of nuclear transports, they are not considered as posing a serious risk. A major nuclear incident is almost always associated with the operating of fixed installations such as nuclear power plants; just think about Three Mile Island and Chernobyl. This perception is strengthened by the absence so far of serious accidents in the nuclear transport sector and this finding is in fact proof of the very safe conditions of nuclear transport. But accidents can never be excluded entirely and in some cases damages could be as large as those caused by fixed installations. This means that protection of the interests of possible victims should also be covered in a correct way. That is why the special nuclear liability regime has also been developed to cover damage caused by a nuclear transport accident. As stated by Patrick Reyners, the prime motivation for originally adopting a special nuclear regime was the harmonisation of national legislation and that nowhere more than in the field of international transport operations is such harmonisation felt desirable . The international legal regime has been developed along two tracks, one based on the mode of transport and the other based on the notion of dangerous goods. The linkage between those two tracks is of permanent concern and the mode of transport is the key element to determine which international instrument should be applicable. The purpose of this paper is to briefly introduce the financial security provided by the insurance industry to cover the international nuclear liability regime for nuclear

  8. Third party liability insurance for international transport of nuclear substances in countries party to the Paris Convention

    International Nuclear Information System (INIS)

    Lacroix, F.

    1977-01-01

    The number of international transports of radioactive materials has been increasing at an accelerating rate for several years. These transports are subject to specific safety rules which must be complied with in order to obtain nuclear third party liability cover. In general nuclear transports are insured under a policy which differs from that for installations. Transport policy criteria have been harmonized to some extent, in particular, in the frame of the OECD Nuclear Energy Agency. Certificates established by the competent national authorities testifying to the existence of insurance must in principle be approved by the countries crossed which are parties to the Paris Convention. (NEA) [fr

  9. Act of 18 July 1966 on Third Party Liability in the Field of Nuclear Energy, establishing certain measures regarding implementation of the Paris Convention and its additional protocol

    International Nuclear Information System (INIS)

    1966-01-01

    This Act on nuclear third party liability lays down that certain Articles (definitions, liability, scope and amounts of liability, insurance) of the Convention on Third Party Liability in the Field of Nuclear Energy (Paris Convention) are immediately applicable in Belgium. It stipulates that a nuclear operator is recognised as such by the King when he furnishes proof that he has taken out insurance or other financial security to cover his liability under this Act, without prejudice to implementation of legal and regulatory provisions on protection of the population against the hazards of ionizing radiations. Finally, the operator of a nuclear installation must take out and maintain, for each installation, insurance approved by the appropriate authorities; if the State itself operates a nuclear installation, it has no obligation to take out insurance or other financial security. (NEA) [fr

  10. Paris Convention on third party liability in the field of nuclear energy and Brussels Convention Supplementary to the Paris Convention

    International Nuclear Information System (INIS)

    1989-01-01

    This new bilingual (English and French) edition of the 1960 Paris Convention and 1963 Brussels Supplementary Convention incorporates the provisions of the Protocols which amended each of them on two occasions, in 1964 and 1982. The Expose des motifs to the Paris Convention, as revised in 1982 is also included in this pubication. (NEA) [fr

  11. Managing nuclear liabilities

    International Nuclear Information System (INIS)

    Pooley, D.

    1997-01-01

    This paper discusses the importance of managing liabilities in the nuclear industry and considers the main ingredients which make for successful liabilities management. It looks specifically at UKAEA's experience to date and lists its key management principles, including the use of the liabilities management ratio which is the company's current bottom-line performance measure. (Author)

  12. Nuclear Liability Laws

    International Nuclear Information System (INIS)

    McIntosh, S.

    2016-01-01

    The principles of the nuclear liability regime, including their application to the case of transport, are described in the IAEA Handbook on Nuclear Law, and will not be repeated in this paper. Rather, this paper examines some specific aspects of liability during transport, and particularly draws on some of the work of the IAEA International Expert Group on Nuclear Liability (INLEX). In that regard, particular reference is made to the Explanatory Texts published in 2004

  13. Managing UK nuclear liabilities

    International Nuclear Information System (INIS)

    Sadnicki, Mike; MacKerron, Gordon.

    1997-01-01

    This paper sets out a framework for a fundamental reappraisal of the management of nuclear liabilities in the United Kingdom, built around two policy objectives, sustainable development and cost-effectiveness. The practical implications of the policy objectives are explored in relation to nuclear liability strategies, such as the adequacy or otherwise of current funding arrangements, the completeness of liability estimates and the distribution of financial responsibility between the public and private sector. A fundamental review of the management of nuclear liabilities is urged in the light of inadequacies identified in this paper. (UK)

  14. Legal protection against nuclear damage

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1959-04-15

    The IAEA Director General appointed an international Panel of Experts to go into the question of Civil Liability and State Responsibility for Nuclear Hazards. The Panel had before it certain basic postulates formulated after a preliminary and tentative consideration of the subject. From the viewpoint of the public, the first postulate is, of course, that the use of nuclear energy be regulated by adequate licensing and control mechanisms so as to prevent any accidents. To the extent, however, that nuclear damage cannot be prevented, there must be liability on the part of the enterprise which caused the damage and, where damage exceeds its liability or its financial resources there should be some assurance of compensation by the State. This should be so not only within the borders of one State, but especially also on an international basis. Security should be required for the possible liability of the enterprises connected with a nuclear incident. Litigation with respect to liability should be concentrated in the most convenient tribunal and be governed by a single clearly defined law. The methods of distribution should meet general standards of equity and be as expeditious as possible. Emergency measures, especially evacuation, first aid and decontamination, should be organized and financed without delay. At the same time, the liability of an enterprise should not exceed its reasonable financial capabilities. This means that a ceiling should be imposed upon the amount of third party liability to which an enterprise could be held. And the liability should generally be such as can be covered by adequate financial security. Uniformity in the treatment of victims of nuclear incidents in all these fields is a desirable goal. Yet, if a rule adopted on an international level or suggested by uniform legislation were to be viable, it should adapt itself to the social, economic and legal order already existing in individual States. This may mean that in certain fields it

  15. Legal protection against nuclear damage

    International Nuclear Information System (INIS)

    1959-01-01

    The IAEA Director General appointed an international Panel of Experts to go into the question of Civil Liability and State Responsibility for Nuclear Hazards. The Panel had before it certain basic postulates formulated after a preliminary and tentative consideration of the subject. From the viewpoint of the public, the first postulate is, of course, that the use of nuclear energy be regulated by adequate licensing and control mechanisms so as to prevent any accidents. To the extent, however, that nuclear damage cannot be prevented, there must be liability on the part of the enterprise which caused the damage and, where damage exceeds its liability or its financial resources there should be some assurance of compensation by the State. This should be so not only within the borders of one State, but especially also on an international basis. Security should be required for the possible liability of the enterprises connected with a nuclear incident. Litigation with respect to liability should be concentrated in the most convenient tribunal and be governed by a single clearly defined law. The methods of distribution should meet general standards of equity and be as expeditious as possible. Emergency measures, especially evacuation, first aid and decontamination, should be organized and financed without delay. At the same time, the liability of an enterprise should not exceed its reasonable financial capabilities. This means that a ceiling should be imposed upon the amount of third party liability to which an enterprise could be held. And the liability should generally be such as can be covered by adequate financial security. Uniformity in the treatment of victims of nuclear incidents in all these fields is a desirable goal. Yet, if a rule adopted on an international level or suggested by uniform legislation were to be viable, it should adapt itself to the social, economic and legal order already existing in individual States. This may mean that in certain fields it

  16. Reassessing the nuclear liability regime

    International Nuclear Information System (INIS)

    Havinh Phuong

    1985-01-01

    The nuclear liability regime was thoroughly reviewed by nuclear plant operators, officials of regulatory authorities, and legal and insurance experts at the Symposium on Nuclear Third Party Liability and Insurance, held in September 1984 in Munich, Federal Republic of Germany. The symposium highlighted specific areas where adjustments or improvements would be needed in order to cope with practical problems encountered or emerging issues. By focusing on questions of legitimate concern to the public, it also sought to promote confidence in a compensation system for public protection that is in many ways unique. Topics addressed included the following: greater harmonization of the compensation amounts for nuclear damage established in different countries and in territorial scope; the concept of unlimited liability; the time limitation for compensation claims; the problem of proving causation; the concept of nuclear damage; and insurance coverage

  17. Liability and compensation for oil pollution damage: some current threats to the international convention system

    International Nuclear Information System (INIS)

    Chao Wu

    2002-01-01

    The carriage of oil is indispensable to the industrialized nations. In this respect, the carriage of oil is undertaken as a service to society as a whole with its individual members deriving benefits from its carriage to varying degrees. Consequently, after examining the four Conventions in the international system of compensation for oil pollution from ships, it is argued that the general citizenship of those nations pay, in exceptional cases, for a small share of the risk, which is created in part by the citizens, as users of oil. The paper proposes the creation of a fund of last resort that could be conceived either at a regional level or a national level and financed through (indirect) taxation on the population as a whole. This type of fund could have a wider use in the field of marine pollution and protection of marine resources. (author)

  18. Conflict of law issues related to Switzerland's participation in the Paris Nuclear Third Party Liability Regime

    International Nuclear Information System (INIS)

    Waldner, Michael

    2012-01-01

    In spite of the active role Switzerland played during the negotiation process of the Paris Convention, it only recently ratified the Convention including all its amending Protocols. The whole Paris regime will become binding for Switzerland only upon entry into force of the Protocols of 2004. Concurrently, the Federal Council will put into force a revised Swiss Nuclear Liability Act and ratify the Joint Protocol. Being a party to the Paris regime and the Joint Protocol, Switzerland will be in treaty relationships with Paris states and with Vienna states which are party to the Joint Protocol. This paper assesses the legal protection of Swiss victims and the liability risks faced by Swiss operators and other potential defendants (such as suppliers and builders) under the new legal regime with a particular view to conflict of laws issues. For the purpose of this assessment the paper examines which courts will be competent to hear claims of Swiss victims and against Swiss defendants in different scenarios, which law these courts should apply, whether or not the principle of legal channelling will apply and what the applicable liability amounts are. The assessment shows an ambiguous picture: Swiss operators, suppliers and builders clearly benefit from a higher degree of legal certainty. While in the absence of treaty relationships Swiss operators could potentially be sued before any foreign court, there will now be only one court with jurisdiction over claims of victims of convention states; Swiss suppliers and builders for their part will be protected by the principle of legal channelling, which basically exempts them from any liability risk. Swiss victims will benefit from treaty-backed entitlement to compensation from foreign operators; also, the judgements rendered in their favour will be enforceable in the whole convention territory; however, the limitation of the operator's liability in many Paris and Vienna states, raises doubts about whether the available funds

  19. Radiological risks and civil liability

    International Nuclear Information System (INIS)

    Miller, C.E.

    1989-01-01

    In this paper, attention is first concentrated on the substantive issue of nuclear safety-a matter on which, Friends of the Earth claimed, the Secretary of State had misdirected himself in law. The Court of Appeal's interpretation of a central element of the Nuclear Installations Act 1965 implies certain inherent problems associated with the law relating to compensation for radiation-induced injury. These problems-on the nature of causation and strict liability-are such that they cannot be solved by simple reform of current law and, it is further argued, extra-legal means of compensating those affected by radiation (and other environmental agents) are required. Before attempting to justify this assertion, it is necessary to examine the substance of the judgement in more detail. First the nature of acceptable risk is considered from absolutist and probabalistic viewpoints. The permitted discharges are reviewed followed by a discussion of the accidental discharges of radioactivity into the environment. Incidents at BNFL's Sellafield site are listed. Genetic risks are also considered. The notion of strict liability is discussed for radiation-induced injury, and an alternative approach of increased social security payments financed in part by those organisations discharging radioactivity into the environment is considered. (author)

  20. Radiological risks and civil liability

    Energy Technology Data Exchange (ETDEWEB)

    Miller, C.E. (Salford Univ. (UK). Environmental Health and Housing Div.)

    1989-01-01

    In this paper, attention is first concentrated on the substantive issue of nuclear safety-a matter on which, Friends of the Earth claimed, the Secretary of State had misdirected himself in law. The Court of Appeal's interpretation of a central element of the Nuclear Installations Act 1965 implies certain inherent problems associated with the law relating to compensation for radiation-induced injury. These problems-on the nature of causation and strict liability-are such that they cannot be solved by simple reform of current law and, it is further argued, extra-legal means of compensating those affected by radiation (and other environmental agents) are required. Before attempting to justify this assertion, it is necessary to examine the substance of the judgement in more detail. First the nature of acceptable risk is considered from absolutist and probabalistic viewpoints. The permitted discharges are reviewed followed by a discussion of the accidental discharges of radioactivity into the environment. Incidents at BNFL's Sellafield site are listed. Genetic risks are also considered. The notion of strict liability is discussed for radiation-induced injury, and an alternative approach of increased social security payments financed in part by those organisations discharging radioactivity into the environment is considered. (author).

  1. Current US nuclear liability regime

    International Nuclear Information System (INIS)

    Brown, O.F.

    2000-01-01

    The Price-Anderson Act Adopted by US Congress in 1957 as the world's first national nuclear liability regime. It is a comprehensive, complicated and unique system and stems from special features of US legal regime and federal system of government. It differs from other systems by providing for 'economic', not legal; channeling of liability to facility operator and not recommended as model for other states, but most features adopted by other states and international conventions

  2. Liability for damage to the global commons

    International Nuclear Information System (INIS)

    Leigh, K.

    1993-01-01

    The 'global commons' discussed in this paper are the areas beyond the limits of national jurisdiction. Responsibility to prevent environmental damage to these areas is clearly recognized in customary international law. On the other hand, although liability for such damage undoubtedly has a useful role to play in protecting these areas, the precise nature of liability for such damage is unclear. Some issues, such as whether liability for such damage is strict or tied to breaching a standard of care and the definition of environmental damage, equally arise in relation to damage to the environment of States. Others, such as who could take action to enforce the liability and the nature of the remedy, raise special problems in the case of damage to the global commons. The work under way in the IAEA Standing Committee on Liability for Nuclear Damage provides an opportunity for clarifying these issues in relation to nuclear damage to the global commons. Treaties dealing with particular types of damage which have recently been adopted or are currently being developed in other fields provide a starting point in dealing with this matter. More work, however, needs to be done

  3. Nuclear liability and research reactor fuel. A plant supplier's view

    International Nuclear Information System (INIS)

    Roegler, H.-J.; Hetzmann, A.

    2000-01-01

    compensation than of the operator's country. As there are many potential conflicts around the issue and as there is the need to protect the supplier from, there has been established already early in nuclear history an international regime on how to deal with such claims: 1960 - the Paris Convention (amended 1964/1982) plus the 1963 - the Brussels Supplementary Convention; 1963 - the Vienna Convention; 1988 - the Joint Protocol linking the application of the Vienna and the Paris Convention. But as many states have joined neither the Vienna nor the Paris Convention (nor the Joint Protocol), there have often been established bilateral agreements on how to deal with the nuclear liability in terms of a specific project. The main issue with such bilateral agreements is the backing by that state the owner of the plant belongs to for the owner's obligation out of the nuclear liability. Often this cannot be reached due to the need of a state's decree or modification of the law for that very purpose. This is refused sometimes as well due to lack of insight in its need for a nuclear facility as small as a research reactor. All the above issues have to be taken into considerations during the contract negotiation between the plant supplier and the plant owner when contracting for its construction. All the issues may influence also whether the plant supplier find subsuppliers which accept or can live with the results of such negotiations for their subsupplies. It is inherent that the fuel suppliers are especially keen in solutions which indemnify them from any such risk out of nuclear events; so are organisations which perform safety evaluations. The fuel suppliers especially may be the more interested in high protection the more they are urged to deliver advanced fuel with less tests prior to application, e.g. as consequence of the steady announcement of extremely ambitious development progress by the RERTR program. This contribution to the RERTR-meeting will detail and give examples in

  4. Questions raised by the concept of nuclear damage in the ambit of the nuclear Conventions with particular regard to the German viewpoint

    International Nuclear Information System (INIS)

    Steinkemper, H.

    1985-01-01

    An important consequence of the amendment of the Paris Convention and the Brussels Supplementary Convention by the Protocols of 16 November 1982 is the replacement of the European Monetary Agreement unit of account by the International Monetary Fund's Special Drawing Right. The increase by a factor of 2.5 of the maximum amounts under the Brussels Convention is also an essential aspect of the revision. The question of damage covered by the nuclear third party liability regime was not affected by the 1982 amendments. This is why the author considers it appropriate to examine in further detail a number of important questions in this field. The paper deals with the following aspects: the scope and limits of the concept of nuclear damage; the right to be indemnified for disamenities and costs arising from evacuation and prevention measures; and the problem of the nuclear link of causality for damage likely to be attributed also to non-nuclear causes. (NEA) [fr

  5. Aspects of nuclear penal liability

    International Nuclear Information System (INIS)

    Faria, N.M. de; Cruz, A.S.C. da

    1986-01-01

    Topics are treated with reference to articles of the Law 6.453 of october 17, 1977, relating to the nuclear penal liability. At the same time, the Penal Code disposes on illicits which may involve nuclear activity. With regard to the Jurisdiction, mention is made to the Federal Justice competence, due to the constitutional disposal. On the international field, the Convention on Physic Protection on Nuclear Material Transport disposes on illicit fact in which nuclear material may be involved. (Author) [pt

  6. Nuclear third party liability in Germany

    International Nuclear Information System (INIS)

    Raetzke, Christian

    2016-01-01

    The German system of nuclear third party liability has always been, and arguably still is, the object of considerable interest in the international nuclear law community. This may seem surprising since Germany adheres to the Paris Convention and is therefore a party to a community of 15 states all following the same principles enshrined in this Convention. In fact, when implementing the PC, Germany chose the approach ensuring the most literal adherence to the PC's principles: it adopted the PC in its entirety, thus directly transposing the PC text into binding German law, instead of enacting a national law derived from, but not literally translating, the PC. At the same time, perhaps no other nation has made use of the options, choices and margins offered or abandoned by the PC to the national legislators, or kept in store by way of a reservation at signature of the Convention, in such an extended manner, testing - and as has even been contended in the past: stressing - the boundaries of the PC system. Unlimited liability introduced in 1985, the highest financial security of any PC state (EUR 2.5 billion), unlimited territorial scope combined with the principle of reciprocity and liability of German operators even in the force majeure cases of Article 9 of the PC are probably the most interesting decisions made by Germany in this context, established in the Atomic Energy Act (Atomgesetz). These choices betray a certain tendency of the German government to give the greatest possible benefit to victims, and in parallel to achieve a 'normalisation' of the nuclear liability regime, without stifling the industry. Within the compromise underlying the international nuclear liability regime - enabling the nuclear industry to create and sustain an energy sector highly relevant for national electricity production on the one hand and protecting potential victims on the other - Germany has more and more shifted the balance, as far as practically possible, to the

  7. Nuclear third party liability under Polish law

    International Nuclear Information System (INIS)

    Lewaszkiewic-Petrykowska, B.

    1988-01-01

    This paper describes the system governing liability for nuclear incidents in Poland. The Atomic Energy Act of 10 April 1986, which entered into force on 1 July 1986, covers all aspects of nuclear activities, including third party liability. Such liability is channelled onto the nuclear operator who must take out insurance to cover his liability up to an amount fixed in the contract. The Act provides that questions not settled by its provisions are governed by the Civil Code; therefore, if personal injuries exceed that amount victims may claim the difference from the State under that Code (NEA) [fr

  8. Liability for the nuclear risk

    International Nuclear Information System (INIS)

    Faure, M.; Govaerts, P.; Malbrain, C.; Veuchelen, L.; Spriet, B.

    1993-01-01

    Results of a cooperative research project on the juridical aspects of nuclear risk (criminal, civil and administrative aspects), according to the Belgian and Dutch laws, are presented. In this multi-disciplinary project also attention is paid to the economic impacts and positive-scientific aspects of the nuclear risk regarding radioactive waste problems and nuclear accidents. The liability for and the decision-making regarding the site selection of nuclear power plants is dealt with as well. 9 figs., 23 tabs., 198 refs

  9. RESPONSABILIDADE CIVIL DO EMPREGADOR NOS DANOS AO MEIO AMBIENTE LABORAL / EMPLOYER’S LIABILITY IN THE DAMAGE TO THE WORKPLACE ENVIRONMENT

    Directory of Open Access Journals (Sweden)

    Caren Silva Machado

    2014-12-01

    Full Text Available The work environment consists of a fundamental human right of third dimension, and can be conceptualized as any place where work activities are performed, which must be free of harmful agents in worker’s physical or mental health. It highlights the importance of studying this subject by the fact that labor accidents commonly arise from improper work environments. Brazil is the fourth in the world ranking regarding the greatest number of accidents. This study has the general objective of analyzing if the liability of the employer in the damage to the work environment is objective or subjective. As for specific goals, this research will verify the concept of the working environment as a kind of environment in the light of the principle of human dignity; and study the institute of civil liability of the employer to see if it is possible to admit that it is objective from a systematic and harmonic analysis of the article 1, III; caput of Article 7, caput and Part III of article 170 and §3 of article 225 of the Federal Constitution and sole paragraph of article 927 of the Civil Code. The research method is deductive and hermeneutic. The methodology is bibliographic and documentary.

  10. Comments on establishing a causal link between an ''occurrence or succession of occurrences having the same origin'' and ''damage'', required for implementing the Convention on Third Party Liability in the field on nuclear energy

    International Nuclear Information System (INIS)

    Hebert, J.

    1985-01-01

    This paper considers the problems of proving the causal link between a nuclear incident and bodily injury when the latter is a non-stochastic effect or a stochastic effect of ionizing radiation and the author suggests that a solution should be sought in presumption. In the absence of such a solution, inconsistencies with the present tendency to raise coverage amounts might be misunderstood by public opinion if an incident were to occur. To conclude, the author suggests that proof of the causal link should act as a trigger for transfers of financial charges between the different categories of persons. (NEA) [fr

  11. Compensation for the damage caused by the Chernobyl disaster

    International Nuclear Information System (INIS)

    Joirysch, A.; Supataeva, O.

    1993-01-01

    The teachings of the accident at the nuclear power plant of Chernobyl clearly showed that the existing rules of Russian legislation cannot handle the problems in respect of civil liability for nuclear damage. This paper describes how the Soviet State and Soviet law tried to cope with the question of compensation for damage to human health and property in a special legal situation, due to the lack of any particular legislation covering this area and to the fact that the USSR is a Party neither to the Vienna nor the Paris Convention. In 1991 a law of the Russian Federation 'On the social protection of citizens who suffered as a consequence of the Chernobyl disaster' established a State system of services and compensation for such damage and the procedure for financing was laid down by a ministerial letter. 4 refs

  12. Statement to Second Extraordinary Meeting of Contracting Parties to Convention on Nuclear Safety, 27 August 2012, Vienna, Austria

    International Nuclear Information System (INIS)

    Amano, Y.

    2012-01-01

    Full Text: I am pleased to address this Second Extraordinary Meeting of the Contracting Parties to the Convention on Nuclear Safety. This important meeting will be closely watched by the global nuclear community. I know you will make good use of this opportunity to consider further measures to strengthen nuclear safety throughout the world in the light of the lessons which we are still learning from the Fukushima Daiichi accident. One year after the adoption of the IAEA Action Plan on Nuclear Safety, significant progress has been made in several key areas. These include the assessment of safety vulnerabilities of nuclear power plants, strengthening IAEA peer review services, improving emergency preparedness and response capabilities and reviewing IAEA safety standards. Your work this week will address the request to Contracting Parties, expressed in the Action Plan, to explore mechanisms to enhance the effective implementation of Safety Conventions and to consider proposals to amend the Convention on Nuclear Safety. You will recall that last year's Ministerial Declaration stressed 'the importance of universal adherence to, and the effective implementation and continuous review of, the relevant international instruments on nuclear safety'. The Action Plan encouraged Member States to work cooperatively to maximize the lessons learned from the Fukushima Daiichi accident and to produce concrete results as soon as possible. The IAEA has reported periodically to Member States about its work to implement the Action Plan. We have also organised a number of international expert meetings to analyse technical aspects of the accident and ensure that the right lessons are learned. The results of this Extraordinary Meeting will provide an important input to future considerations of implementation of the Action Plan. Our Member States will review implementation at the Agency's 56th General Conference next month, while the Fukushima Ministerial Conference on Nuclear Safety in

  13. IAEA Director General's concluding remarks. Meeting of the Contracting Parties to the Convention on Nuclear Safety. Vienna, 26 April 2002

    International Nuclear Information System (INIS)

    ElBaradei, M.

    2002-01-01

    The Convention on Nuclear Safety is considered as a part of the overall nuclear safety regime. That regime has many components, but they all have one single objective - to make sure that safety is at as high a level as possible. The Convention is a living process, a process which should eventually lead to increasingly greater safety. The Meting has focused on a number of issues that are also priorities for the Agency; one such issue is safety culture. The effectiveness and transparency are key issues. A second issue which is highlighted is management of nuclear knowledge. Other high priority issues which were identified include: planned life extension; the need during life extension to look into the ageing of equipment and structures; deregulation and its impact on safety; and the question of periodic safety reviews. The question of co-operation between regulatory bodies is one that was given emphasis to over the last few years. It is very important that there be exchange of experience and exchange of expertise between regulatory bodies, and between the manufacturers of power reactors and the countries where the reactors are operated. Also of importance in terms of international co-operation is the development of adequate emergency response everywhere. A major point that which is left to the participating countries is that although safety is a national responsibility - there is absolutely no question about that -many issues need international co-operation

  14. 75 FR 64717 - Convention on Supplementary Compensation for Nuclear Damage Contingent Cost Allocation

    Science.gov (United States)

    2010-10-20

    ... DEPARTMENT OF ENERGY Convention on Supplementary Compensation for Nuclear Damage Contingent Cost... Supplementary Compensation for Nuclear Damage (``CSC'') including its obligation to contribute to an international supplementary fund in the event of certain nuclear incidents. The NOI provided a September 27...

  15. Ordinance of 30 November 1981 on cover for civil liability resulting from nuclear power plant operation - RS 732.44

    International Nuclear Information System (INIS)

    1981-01-01

    Until the end of 1981, the amount of insurance for third party liability resulting from operating a nuclear electricity generating plant was limited to 200 million Swiss francs. This ordinance provides that, as from 1 january 1982, this amount is raised to 300 million Swiss francs. (NEA) [fr

  16. The compensation of losses in case of a nuclear accident

    International Nuclear Information System (INIS)

    Leger, M.

    2010-01-01

    After having recalled that the elaboration of a special regime of liability for nuclear damages due to a nuclear accident aimed at conciliating two distinct objectives (to protect population and workers, and to provide a judicial security to the nuclear industry), this document comments the present regime of nuclear civil liability, its legal framework and its evolution. It comments its scope of application (geographical field of application, concerned activities, covered damages), and the principles of nuclear civil liability regime (a specific regime has been introduced by the Paris Convention for the operators). The content of Paris and Brussels Conventions review protocols which have been signed in 2004 is described

  17. A study on the international cooperation in the nuclear liability system related to the supply of nuclear power plants to North Korea

    Energy Technology Data Exchange (ETDEWEB)

    Ham, Chul Hoon.; Kim, Tae Myeong [The Catholic University, Seoul (Korea)

    2001-12-01

    System of nuclear damage compensation was prepares to protect the interested parties in the implementation of nuclearenterprise and conciliate the conflicts of interests of them. The Light-water Reactor (LWR) Project to supply two units of light-water reactors to North Korea faced difficulties concerning nuclear damage compensation system due to decline of the international reliability and aggravation of economic condition of North Korea. It is necessary to study the special nuclear damage compensation system of the LWR Project to promote the Project and peaceful uses of atomic energy in northeast Asia. The contents and scope of the study is composed as follows; 1. Background of the LWR Project . the pending issues of them and the necessary of the special nuclear damage compensation system 2. Investigation of nuclear damage compensation system of United States, Japan, German, France and Korea 3. Account of conventions on liability for nuclear damage, especially Vienna Convention and its Protocols 4. Searching for issues of the nuclear damage compensation system of the LWR Project and its resolution 5. Comprehensive arrangement on the main issues through the study. 4 tabs. (Author)

  18. Statement to Sixth Review Meeting of Contracting Parties to Convention on Nuclear Safety, 4 April 2014, Vienna, Austria

    International Nuclear Information System (INIS)

    Amano, Y.

    2014-01-01

    Full text: Good afternoon, Dear Colleagues, Ladies and Gentlemen, I am pleased to say a few words to you at the end of the Sixth Review Meeting of the Contracting Parties to the Convention on Nuclear Safety. The Convention is a very important mechanism which has contributed a lot to strengthening nuclear safety in the countries which are party to it. In the last two weeks, you have addressed some very important issues. During your productive and lively discussions, a number of challenges were identified for consideration by Contracting Parties. These included: how to achieve harmonized emergency plans and response measures; how to make better use of operating and regulatory experience and international peer review services; and how to strengthen regulators' independence, safety culture, transparency and openness. The Agency will continue to work closely with you in addressing all of these issues. The Fifth Review Conference, which took place in 2011 just after the Fukushima Daiichi accident, was the first opportunity for Contracting Parties to address the accident in an international conference. The fact that you devoted a special session to the Fukushima Daiichi accident this time demonstrates the continued resolve of the Contracting Parties to ensure that the right lessons are learned everywhere. The Agency continues to work with all our Member States to implement the IAEA Action Plan on Nuclear Safety, about which you received a briefing. I know you will agree with me that it is vitally important that all the measures that have been agreed to strengthen global nuclear safety are actually implemented. Work continues on the IAEA report on the Fukushima Daiichi accident, which will be finalised this year. I understand that you decided to submit a proposal to amend the text of the Convention, addressing design and construction objectives for both existing and new nuclear power plants, to a Diplomatic Conference to be convened within one year. I am aware that a clear

  19. Nuclear liability, nuclear safety, and economic efficiency

    International Nuclear Information System (INIS)

    Wood, W.C.

    1980-01-01

    This dissertation applies the methods of economic analysis to nuclear liability and Price-Anderson. First the legislative history is reviewed; in that history the economic role of liability in affecting safety and allocating risk was virtually ignored. Succeeding chapters reformulate issues from the policy debate and subject them to economic analysis. A persistent issue is whether nuclear utilities respond to their limited liability by allowing a higher probability of serious accident. Comparative-static analysis shows that limited liability does lead to a higher chance of accidents, though the effect may be small. The analysis also shows that safety is achieved in a more capital-intensive manner than is cost-minimizing and that limited liability causes reactor owners to favor more heavily populated sites for plants. Therefore, the siting decision makes potential loss greater even if there is no change in the probability of an accident. Citizens' preferences on nuclear liability are examined next, starting with the nature of coverage that would be just in the sense of contraction theories such as John Rawls' Theory of Justice. Citizens behind Rawls' veil of ignorance, forced to be fair because of their ignorance of whether they will be harmed, unanimously choose a high level of coverage. The just level of coverage is greater than the existing $560 million. Second, the nature of economically efficient liability coverage is determined and contrasted with coverage that would emerge from a democratic system of public choice. Population and expected damage profiles indicate that majorities could easily be formed among groups of citizens expecting to suffer little of the damage of a nuclear accident. Thus, majority voting on liability arrangements is likely to produce an inefficiently low level of coverage

  20. Nuclear Liability and Insurance of Nuclear Damage in the Czech republic

    International Nuclear Information System (INIS)

    Zaruba, P.

    1998-01-01

    The paper gives a short introduction to the past and present situation of operation and construction of nuclear power plants in the Czech Republic, including some basic technical data and background information. It then continues in providing up to date information on the Czech nuclear legislation and consideration of various questions and problems in the light of the respective legal clauses (e.g. minimum insurance requirements, treatment of small reactors and small quantities of nuclear material, state guarantees etc.). The paper gives more detailed information about practical application of the insurance clauses of the Atomic Act, including some time related questions. A considerable part of the paper is dedicated to the past history and present functions and activities of the Czech Nuclear Insurance Pool which was officially founded in 1995 and is without doubt one of the most active and successful national nuclear insurance pools of the former East European countries. (author)

  1. Update on the Vienna Protocol and CSC: issues of implementation and application in national legislation

    International Nuclear Information System (INIS)

    Horbach, N. l. J. T.

    2000-01-01

    This paper aims to reflect the recent developments in respect of the 1997 Vienna Protocol (VP) and the 1997 Convention on Supplementary Compensation (CSC), i.e. the changes in signatories and ratificiations of both instruments, and the impacts these will have upon the geographical scope of nuclear liability laws of those countries covered or linked to each other within the international nuclear liability regime. To the extent that certain countries have ratified either the VP or the CSC, it is important to analyse their existing nuclear liability legislation and the manner in which it already implements or aims to implement certain crucial new elements introduced by both instruments, such as, the liability limitation in time and amount, the extension of the geographical scope to damage wherever suffered as well as in the EEZ, the extension of the definition of nuclear damage and preventive measures, and finally, the deletion of some of the exoneration of the operatos's liability. In this context, especially the concept of nuclear environmental damage and the extent to which it is currently covered by existing nuclear liability legislation or, possibly, environmental law, will be given some special attention. Finally, the paper will focus on various aspects of the implementation and application of these new elements of both 1997 instruments within some CEEC's nuclear liability regimes as an example to identify those issues that will produce special problems (e.g., administrative, legal, insurance, or political) or necessitate additional legislative efforts in respect of their implementation in national laws. (author)

  2. Act no 388 to amend Section 15 of the Nuclear Liability Act

    International Nuclear Information System (INIS)

    1986-01-01

    Finland is ratifying the Montreal Protocols Nos 3 and 4 to the Warsaw Convention concerning carriage by air; protocol No 4 contains no exclusion clause for nuclear damage. This Act amends the 1972 Nuclear Liability Act to the effect that air carriers of nuclear substances have a right of recourse against the operator liable under nuclear legislation. In this way the principle of channelling liability onto the nuclear operator is maintained. (NEA) [fr

  3. Seguro Nuclear

    International Nuclear Information System (INIS)

    Oliveira, S.C.C. de.

    1978-04-01

    A description of the constitutive elements of insurance and its features in the field of law, and special legislation about the matter are given. The relationship between the liability of the nuclear power plant operator and the international conventions about civil liability on nuclear damage is discussed. Some considerations on damage reparing in the United States, Germany, France and Spain are presented. (A.L.S.L.) [pt

  4. Nuclear technology and human civilization in interplay

    International Nuclear Information System (INIS)

    Broda, E.

    1979-01-01

    This lecture was held by E. Broda during a series of lectures “Wiener Internationale Hochschulkurse”, organized by the University of Vienna in 1979. The lecture is about nuclear technology and human civilization in interplay. (nowak)

  5. CIVIL LIABILITY IN ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    Andreea Marica

    2008-09-01

    Full Text Available La protection de l’environnement représente une priorité à l’échelle mondiale, dans le contexte de l’apparition de certains problèmes universels, comme: la réduction de la couche d’ozone, l’amplification de l’effet de serre, désertification, destruction des forêts, la réduction de la biodiversité, problèmes concernant toutes les nations et tous les Etats du monde. Les Etats et les organisations internationales ont adopté traités, conventions, déclarations, plans et programmes d’action contenant des principes de base de la protection de l’environnement, dans des conditions de développement durable. Une série de décisions et résolutions d’une importance capitale, comme la Déclaration de Stockholm (1972, la Convention de Rio de Janeiro (1990, la Carte Mondiale (1982 votée par l’ONU en 1982, la Convention d’Aarchus (1998 concernant le droit d’être informé, de participer à la prise des décisions et d’accès à la justice en cas de préjudice relatives à l’environnement, se constituent en un nouveau domaine, dynamique de législation. La Roumanie a signé et ratifié ces conventions, de sorte que celles-ci font partie du droit interne.En général, la notion de responsabilité, présente dans tous les domaines du droit, s’est formée et a évolué avec la société moderne, qui impose une certaine conduite à chaque sujet, qui est obligé de ne violer les intérêts généraux et les droits légitimes d’une personne et ne pas lui provoquer un quelconque préjudice. Dans le contexte de l’existence de la vie sur terre et dans le contexte des provocations permanente en vue d’assurer la survie de l’humanité, la politique de ce domaine a en vue la protection, la conservation et le développement de l’environnement. Pour atteindre cet objectif, la protection juridique de l’environnement ne saurait être séparée de l’existence de la responsabilité juridique, de la personne qui a caus

  6. New Swiss legislation on nuclear third party liability

    International Nuclear Information System (INIS)

    Fischer, U.

    1981-10-01

    Following a description of the Paris Convention and Brussels Supplementary Convention system for nuclear third party liability and that prevailing until now in Switzerland, the paper reviews the new Swiss nuclear third party liability Bill prepared after a popular consultation. The new provisions are analysed and in particular, that providing for unlimited liability. (NEA) [fr

  7. The compensation of losses in case of a nuclear accident; L'indemnisation des prejudices en cas d'accident nucleaire

    Energy Technology Data Exchange (ETDEWEB)

    Leger, M. [CEA Saclay, Dir. Juridique et du Contentieux, 91 - Gif-sur-Yvette (France)

    2010-07-01

    After having recalled that the elaboration of a special regime of liability for nuclear damages due to a nuclear accident aimed at conciliating two distinct objectives (to protect population and workers, and to provide a judicial security to the nuclear industry), this document comments the present regime of nuclear civil liability, its legal framework and its evolution. It comments its scope of application (geographical field of application, concerned activities, covered damages), and the principles of nuclear civil liability regime (a specific regime has been introduced by the Paris Convention for the operators). The content of Paris and Brussels Conventions review protocols which have been signed in 2004 is described

  8. Decree No. 79-623 of 13 July 1979 publishing the Decision on the exclusion of certain categories of nuclear substances from the scope of the Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and the Decision (with an annex) on the exclusion of small quantities of nuclear substances from the scope of the Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy, adopted on 27 October 1977

    International Nuclear Information System (INIS)

    1979-01-01

    This decree lays down that certain specified quantities and categories of nuclear substances are excluded from the nuclear operator's liability. This implements in France two Decisions taken by the NEA Steering Committee under the Paris Convention which enables the Committee to exclude from the operator's liability, nuclear installations, fuel or substances if the small extent of the risks involved so warrants. Both Decisions are reproduced in the Decree. (NEA) [fr

  9. Insurance of liability for the transport of nuclear materials

    International Nuclear Information System (INIS)

    Deprimoz, J.

    1975-01-01

    The legal principle governing civil liability for damage involving nuclear substances in course of carriage are summarized, and the main aspects of the French nuclear insurance market are analysed. The financial capacity of insurance and the role of the Atomic Pool as an aid in this respect as well as its use as a mechanism for reinsurance are also discussed. As regards the insured party, cases are reviewed where the principle of the sole liability of the operator is inapplicable. Arguments are put forward demonstrating that acknowledgement of a plurality of insured persons would not necessarily lead to an increase of insurance costs. Finally, a review is made of the nature and extent of the damage covered according to whether such damage is caused to persons or property [fr

  10. Reflections on drafting of civil liability clauses and solving of disputes in supply contracts throughout the nuclear fuel cycle

    International Nuclear Information System (INIS)

    Virole, jean.

    1977-01-01

    The lengthy duration and diversity of the stages of the fuel cycle and the geographical distribution of the nuclear industries give the contracts for carrying out the different operations such flexibility that in order to settle disputes concerning notably but not exclusively liability, reference may be made to different legal systems according to whether the regulations of international public or private law can be applied. The options provided for co-contractors in view of the flexibility of the contracts lead to adoption of varying clauses for settling disputes according to the different industrial achievements envisaged. (NEA) [fr

  11. The Convention on Supplementary Compensation for Nuclear Damage and participation by developing countries: A South African perspective

    International Nuclear Information System (INIS)

    Davies, David B.

    2014-01-01

    This article contends that it is essential that new entrant countries into the nuclear energy industry have comprehensive nuclear legislation; it is less clear, however, whether new entrant countries find it essential to join any of the various international nuclear liability conventions, as some countries have been slow or resistant to the idea. This article will take a closer look at the potential influencing factors driving membership or non-membership in the CSC by a developing country. First, however, is a discussion of the basic principles of international nuclear third party liability, the CSC itself, developing countries' current participation in the various international nuclear liability conventions and the advantages and disadvantages of the CSC. The author's views regarding participation by a developing country in the CSC will also be presented. (author)

  12. Nuclear operator liability amounts and financial security limits (Last updated: July 2014)

    International Nuclear Information System (INIS)

    2014-07-01

    This table aims to gather information on the amounts available to compensate potential victims of a nuclear incident in countries and economies having nuclear power plants and/or having ratified at least one of the international conventions on nuclear third party liability. In the table: - First tier corresponds to the liability amount imposed on the operator ('Operator's Liability Amount'). - Second tier corresponds to the amounts provided from public funds beyond the Operator's Liability Amount, to be made available by the State in whose territory the nuclear installation of the liable operator is situated ('Additional State Compensation'). - Third tier corresponds to public funds contributed jointly by all the States parties to the BSC or CSC according to a pre-determined formula ['Additional Compensation (International Arrangements)']. Please note that under Article V, subparagraph 1 of the Vienna Convention, 'The liability of the operator may be limited by the Installation State to not less than US $5 million for any one nuclear incident'. Subparagraph 3 of the same article further provides that 'The United States dollar referred to in this Convention is a unit of account equivalent to the value of the United States dollar in terms of gold on 29 April 1963, that is to say US $35 per one troy ounce of fine gold.' Therefore, in this table (1963: USD 5 million) means that a country applies the Operator's Liability Amount as provided under the Vienna Convention. SDR is a unit of account used by the International Monetary Fund and is based upon a basket of weighted currencies. The latest exchange rates of SDRs per currency units are available at http://www.imf.org/external/np/fin/data/rms_five.aspx

  13. Efficient prevention and compensation of catastrophic risks. The example of damage by nuclear accidents

    International Nuclear Information System (INIS)

    Vanden Borre, T.

    2001-01-01

    This book deals with the liability for damage due to catastrophic risks. The nuclear liability law serves as an example of such a catastrophic risk. The question that we tried to answer is what an efficient compensation scheme for catastrophic risks should look like. This question is dealt with both from a law and an economic point of view and from a comparative point of view. The main element in comparing the laws in different countries is the comparison between Belgian and Dutch civil (nuclear) liability law. But also American nuclear liability law is part of the analysis (the Price-Anderson Act). The book consists of four parts: (nuclear) civil liability law, legal and economic approach, analysis of other compensation systems and conclusions. The big themes in this book are therefore civil (nuclear) liability law, insurance law and environmental liability law [nl

  14. CIVIL LIABILITY OF DOCTORS AND THEIR INSURANCE (MALPRACTICE

    Directory of Open Access Journals (Sweden)

    Gârbo Viorica Irina

    2013-07-01

    Full Text Available Malpractice insurance of medical staff is probably the oldest professional liability insurance underwritten in the insurance market in Romania. The aim of our research is to theoretically examine in a qualitative inquiry the usefulness of insurance completion by the practitioners from the Romanian health system at both state and private, in order to improve a best practice medical insurance. The medical profession is practiced in Romania under the Code of Medical Ethics 30 March 2012 prepared in code that complies with international standards contained in the Geneva Declaration of 1948, as amended by the World Medical Association and the International Code of Medical Ethics. The forms of medical liability are: disciplinary, administrative, civil and criminal and only the civil liability can be taken into insurance because only it meets the conditions of insurability. Once we explain in general and the insurance liability in particular we show articles of the Romanian Civil Code which establishes the obligation the one that caused an injury to a third person for the repair or indemnify and conditions provided by the Civil Code as an act to be considered liability. Then we refer to situations where the patient may be damaged through the fault of the doctor or the doctor unit operates. The object of malpractice insurance is loss of money that the insured would have to pay a patient whom he caused injury as a result of acts or deeds of negligence committed to, during and in relation to professional activity. Risks taken in the insurance are personal injury, illness or death of the patient and / or moral damages. Regarding the excluded risks we have presented an overview of the more common contracts underwritten by Romanian insurance companies. We show the way of underwriting, the insured sums of the standard insurance and the additional one which subscribes moral damages, to companies in Romania agreed by bodies which organize and supervise the

  15. New Trends in European Nuclear Liability Law

    International Nuclear Information System (INIS)

    Getz, H.; Steinkemper, M.H.

    1981-10-01

    This paper analyses recent developments in nuclear liability legislation in Europe. The first part deals with the planned revision of the Paris Convention and the Brussels Supplementary Convention; the second part focuses on the reforms envisaged in the field in Switzerland and in the Federal Republic of Germany, in particular concerning unlimited liability. Finally, the author concludes that national reform plans and work at international level are not opposed, but supplementary activities. (NEA) [fr

  16. Report realized on behalf of the Foreign Affairs Commission, of Defense and Armed Forces on the law project allowing the agreement approbation between the French Republic Government and the Russian Federal Government relative to the civil liability concerning the nuclear damages occurring from goods supplying to nuclear facilities in Russian Federation and becoming from the French Republic; Rapport fait au nom de la commission des affaires etrangeres, de la defense et des forces armees sur le projet de loi autorisant l'approbation de l'accord entre le Gouvernement de la Republique francaise et le Gouvernement de la Federation de Russie relatif a la responsabilite civile au titre de dommages nucleaires du fait de fournitures en provenance de la Republique francaise destinees a des installations nucleaires en Federation de Russie

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2002-07-01

    The first part presents the international civil liability system in the nuclear domain and details then the 20 june 2000 agreement. It presents also the main aspects of the french-russian cooperation in the nuclear domain. (A.L.B.)

  17. Should nuclear liability limits be removed. Yes

    International Nuclear Information System (INIS)

    Haas, L.

    1985-01-01

    Arguing in favor of unlimited liability in the event of a nuclear accident, the author cites a mathematical probability of a core meltdown in the US as 45% during the next 20 years. The liability insurance carried by the nuclear industry is less than for large hotels and industrial parks, and is only a small fraction of the potential costs of damage and compensation. If nuclear technology is safe, limits are not needed. If liability is limited, it removes the incentive to improve safety and sends inaccurate price signals to utilities choosing among competing technologies. There is also the ethical aspect of shifting liability costs from ratepayers and stockholders to accident victims and general taxpayers. There are other ways to finance nuclear risks, such as a sinking fund, the removal of the nuclear exclusion in property insurance policies, and annual retrospective assessments per reactors

  18. Civil Cases Proof Peculiarities of Road Traffic Accidents Damages

    Directory of Open Access Journals (Sweden)

    Polyakov D. N.

    2012-11-01

    Full Text Available The author reveals proof peculiarities in civil cases of reparation of damages harmed by road traffic accident, in relation to the determination of a respondent (debtor. In the article are analyzed the appropriate norms of the RF Civil code regulating the rules and conditions of civil liability for damage caused by using a transport facility as a source of danger

  19. Act No. 160 of 17 March 1979 containing regulations approving the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and its Additional Protocol of 28 January 1964 as well as the Brussels Convention of 31 January 1963 supplementary to the Paris Convention and its Additional Protocol of 28 January 1964

    International Nuclear Information System (INIS)

    1979-01-01

    By this Act the Netherlands approved the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy, as well as the Brussels Convention of 1963 Supplementary to that Convention. This Act came into force on 28 December 1979 thus bringing into force on that date the Paris Convention and the Brussels Supplementary Convention in the Netherlands. (NEA) [fr

  20. Progress towards a global nuclear liability regime

    International Nuclear Information System (INIS)

    2014-01-01

    During its April 2014 meeting, the Steering Committee for Nuclear Energy held a policy debate on 'Progress towards a Global Nuclear Liability Regime'. The Steering Committee heard presentations from several experts on nuclear liability issues. To prepare the delegates to the Steering Committee for the policy debate, the NEA Secretariat prepared a background note on the status of the nuclear liability regimes, as well as on current issues and challenges in implementing the regimes. This article is based on the background note and is intended to provide basic information on the relevant international conventions and an overview of recent developments to enhance the understanding of the legal framework in which policy-makers and practitioners are engaging to respond to the call for broader adherence to the international liability instruments. (authors)

  1. 1986 Agreement on third party liability in the nuclear field

    International Nuclear Information System (INIS)

    1986-01-01

    This Agreement intends to facilitate the settlement of disputes, if they are due to an event (caused by the peaceful utilisation of nuclear energy) which occurs on the territory of one State and gives rise to damage on the territory of the other State. Unlike the Federal Republic of Germany, Switzerland has neither ratified the Paris Convention of 29th July 1960 on Third Party Liability in the Field of Nuclear Energy nor the Brussels Supplementary Convention of 31st January 1963. This might result in diverging interpretations by the German and Swiss courts, in particular, regarding the competent courts and the laws applicable if a third party liability problem were to arise between both countries. The Agreement therefore aims to settle these matters directly by treaty between the States before the courts are confronted by an occurrence of damage and have to seek a solution which conforms to international private law. (NEA) [fr

  2. Ecological impacts and damage - comparison of selected components for nuclear and conventional power plants (example of Mochovce nuclear power plant)

    International Nuclear Information System (INIS)

    Bucek, M.

    1984-01-01

    A comparison is given of ecological damage for the nuclear power plant in Mochovce and a conventional power plant with the same power. Ecological effects and damage are divided into three groups: comparable damage, ecological damage caused only by conventional power plants and ecological damage caused only by nuclear power plants. In the first group the factors compared are land requisition, consumption of utility water and air consumption. In the second group are enumerated losses of crops (cereals, sugar beet, potatoes, oleaginous plants) and losses caused by increased disease rate owing to polluted environment by conventional power plants. In the third group health hazards are assessed linked with ionizing radiation. Also considered are vent stack escapes. (E.S.)

  3. Questions of jurisdiction in the event of a nuclear accident in a member state of the European union

    International Nuclear Information System (INIS)

    Galizzi, P.

    1996-01-01

    Jurisdictional problems are outlined that could be encountered by victims of a serious nuclear accident, with transboundary consequences, seeking to recover compensation (in a Member State of the European Union). The situation is only partly covered by existing treaty law and not all Member States are a party to the relevant treaties. A hypothetical case-study has been devised which supposes that a nuclear accident has occurred in the Netherlands causing damage in three selected countries. Of these, the first (Germany) is a party to the 1960 Paris Convention on Third Party Liability in the field of Nuclear Energy, the second (Hungary) is a party to the 1963 Vienna Convention on Civil Liability for Nuclear Damage, and the third (Luxembourg) is a not a party to either Convention. Answers are sought for two questions related to this hypothetical accident. Firstly, which courts have jurisdiction over private claims for damage caused in these various countries? Secondly, which law will the competent courts apply? (UK)

  4. Compensation of damage caused by diverted nuclear substances

    International Nuclear Information System (INIS)

    Deprimoz, J.

    1981-10-01

    This paper provides a comprehensive analysis of the insurance system for nuclear liability. As a rule, if nuclear fuel, radioactive products or waste are governed by nuclear energy law providing for strict and channelled liability, their legal holder will pay for damage arising from them anywhere within 20 years after theft or diversion and 10 years after the nuclear incident. In most countries, atomic liability insurers will implicitly grant their cover through policies underwritten by legal holders. If diverted substances have a low specific radioactivity, their legal holder remains liable according to common law and insurance policies cover this conventional liability. (NEA) [fr

  5. Proposed Amendments to the Nuclear Liability

    International Nuclear Information System (INIS)

    1981-01-01

    This Memorandum issued by the Swedish Ministry of Justice contains proposed amendments to the 1968 Nuclear Liability Act which can be divided into two categories. Those in the first category are required to enable Sweden to ratify the draft Protocols to amend the Paris Convention and the Brussels Supplementary Convention. The second category of amendments propose that the nuclear operator's liability be raised from the present sum of 50 million Kroner to 500 million Kroner, to be covered by insurance; it is also proposed that a State liability be introduced over and above the compensation available, the aggregate amount being limited to 300 million Kroner. State indemnification would apply to the Nordic countries. The Annexes to the Memorandum contain the English and French texts of the draft Protocols to amend both above-mentioned Conventions (NEA) [fr

  6. Civil liability - aspects of the law n0 6.453 of 1977

    International Nuclear Information System (INIS)

    Rocha, L.M.G. da

    1980-01-01

    The nuclear damage liability in the Brazilian legal scope is discussed. The law n 0 6.453 of september 1977, which characterizes the nuclear activities criminal illicits and prescribes the correspondent penalties, is analysed. (A.L.) [pt

  7. Ordinance on nuclear third party liability (ORCN)

    International Nuclear Information System (INIS)

    1983-12-01

    The Ordinance exempts from the application of the 1983 Act on Nuclear Third Party Liability some substances with low radiation effects. It determines the amount of private insurance cover and defines the risks that insurers may exclude from cover. It establishes a special fund for nuclear damage made up of contributions from the nuclear operators. Specifications are given on the amount of the contributions and their conditions, as well as on administration of the fund. The Ordinance repeals the Ordinance of 13 June 1960 on funds for delayed atomic damage, the Order of 19 December 1960 on contributions to the fund for delayed atomic damage and the Ordinance of 30 November 1981 on cover for third party liability resulting from nuclear power plant operation [fr

  8. The international nuclear liability and compensation regime put to the test of a nuclear accident

    International Nuclear Information System (INIS)

    Reyners, P.; Tetley, M.

    2003-01-01

    Full text: It appears that nuclear emergency plans place generally more emphasis on the nuclear safety and radiation protection aspects of the management of an accident, both inside the installation concerned and off-site, than on the particular requirements of local residents who would find themselves suddenly in such an emergency situation and of possible victims of nuclear damage. In a similar vein, studies focusing on the international nuclear third party liability regime usually take a global perspective and leave little room for the treatment of individual cases. The albeit welcome dearth of practical experience in Western countries in providing compensation for accidents of nuclear origin has, however, meant that public and local authorities are not always fully conscious of the importance of this question which should be dealt with in as practical a manner as possible. In order to cover all the legal and practical questions that could arise during the management of the consequences of a nuclear accident with regard to third party liability, insurance and compensation, the OECD/NEA held in co-operation with French authorities a workshop in November 2001. It was decided to organize this workshop according to three main stages: the alert phase, the accident phase and the post-accident phase; and to examine during these three stages the various roles played by local and national authorities, the nuclear operator and his insurer, as well as the nature and form of their respective actions. These questions were addressed both from the angle of applicable domestic legislation and of the relevant international conventions. From the analysis of different national experiences and of the information exchanged during the workshop, a striking diversity may be noted of solutions adopted or envisaged to address various aspects of civil liability, insurance and indemnification of damage in a nuclear emergency situation. This lack of uniformity should not necessarily be

  9. Third Party Liability governing Dangerous and Nuclear Activities

    International Nuclear Information System (INIS)

    Di Martino, Vittorio.

    1979-01-01

    The introductory chapters of this book analyse the concept of fault as a basis for third party liability and the evolution of jurisprudence and doctrine towards the concept of absolute liability. The following part covers the Italian system of liability for hazardous activities. The nuclear third party liability system is then analysed according to existing international conventions and nuclear legislation in several countries. The Appendix contains various legislative and regulatory texts on nuclear third party liability in Italy and in other countries which provide for special legislation in this field. (NEA) [fr

  10. Terrorism and nuclear damage coverage

    International Nuclear Information System (INIS)

    Horbach, N. L. J. T.; Brown, O. F.; Vanden Borre, T.

    2004-01-01

    This paper deals with nuclear terrorism and the manner in which nuclear operators can insure themselves against it, based on the international nuclear liability conventions. It concludes that terrorism is currently not covered under the treaty exoneration provisions on 'war-like events' based on an analysis of the concept on 'terrorism' and travaux preparatoires. Consequently, operators remain liable for nuclear damage resulting from terrorist acts, for which mandatory insurance is applicable. Since nuclear insurance industry looks at excluding such insurance coverage from their policies in the near future, this article aims to suggest alternative means for insurance, in order to ensure adequate compensation for innocent victims. The September 11, 2001 attacks at the World Trade Center in New York City and the Pentagon in Washington, DC resulted in the largest loss in the history of insurance, inevitably leading to concerns about nuclear damage coverage, should future such assaults target a nuclear power plant or other nuclear installation. Since the attacks, some insurers have signalled their intentions to exclude coverage for terrorism from their nuclear liability and property insurance policies. Other insurers are maintaining coverage for terrorism, but are establishing aggregate limits or sublimits and are increasing premiums. Additional changes by insurers are likely to occur. Highlighted by the September 11th events, and most recently by those in Madrid on 11 March 2004, are questions about how to define acts of terrorism and the extent to which such are covered under the international nuclear liability conventions and various domestic nuclear liability laws. Of particular concern to insurers is the possibility of coordinated simultaneous attacks on multiple nuclear facilities. This paper provides a survey of the issues, and recommendations for future clarifications and coverage options.(author)

  11. Review of the nuclear liability act

    International Nuclear Information System (INIS)

    1990-01-01

    There has always been concern that nuclear materials have the potential to cause injury and property damage. For this reason, nuclear operators have always been required by national regulatory authorities to exercise special precautions in the operation of their facilities. Federal legislation was drafted in Canada as the Nuclear Liability Act in 1970. The Act ensures that funds are available from all operators of nuclear facilities to provide financial compensation to third parties for injuries or damages suffered as a result of a nuclear incident; at the same time the Act provides protection to the operators by limiting their related liability. The Act also protects persons other than operators. The review of the Act has progressed in stages. The first stage was conducted by the staff of the Atomic Energy Control Board and catalogued previously identified difficulties with the Act. The second stage was a preliminary examination of the Act by an Interdepartmental Working Group. 2 figs

  12. Nuclear Liability Legislation in the Republic of Croatia

    International Nuclear Information System (INIS)

    Sladonja, B.

    1998-01-01

    This paper contains a basic data about the legislation referring to third party liability for nuclear damage in Croatia. It also, gives some drafting provisions in the Croatian Nuclear Liability Act, but only those which implements a substantial changes compared to the Act currently in force. (author)

  13. Civil liability related to imaging exams in Brazil

    OpenAIRE

    Fontana, Mathias Pante; Liedke, Gabriela Salatino; Fontoura, Helena da Silveira; Silveira, Heraldo Luis Dias da; Silveira, Heloísa Emilia Dias da

    2015-01-01

    Aim: To analyze all court lawsuits in Brazil in relation to civil liability involving radiographic and tomographic images up to February 2014. Methods: All Brazilian courts were surveyed for “civil liability,” “error,” “radiology,” “radiography,” and “tomography,” returning 3923 second-instance lawsuits. Out of them were excluded labor legislation, health insurance coverage of radiological examinations, and criminal liability cases and 359 were selected. Compliance with expert reports, involv...

  14. Rules common to nuclear incidents occurring in installations or during transport of nuclear substances

    International Nuclear Information System (INIS)

    Lagorce, M.

    1976-01-01

    As concerns the peaceful applications of nuclear power, the traditional third party liability regulations were found to be inadequate to cover the specific aspects of the nuclear risk, and this was likely to hinder the progress of this new activity. This was why the countries involved opted for the elaboration of a special liability regime by adopting the Paris Convention of 29th July 1960, the Convention Supplementary to the Paris Convention of the 31st January 1963 and the Vienna Convention of 21st May 1963. The Paris and Vienna Conventions set up a regime characterized by the nuclear operator's absolute and exclusive liability, the limitation of such liability in amount and in time the uniquity of jurisdictional competence, the obligation to provide financial security for compensation of damage. The purpose of the Brussels Supplementary Convention is to increase the amount of compensation for damage by additional funds supplied partly by the State involved and partly by a collective contribution from the various countries Parties to the Convention, thus setting up a mechanism of international solidarity. (NEA) [fr

  15. Act of 19 June 1974 on Compensation for Nuclear Damage

    International Nuclear Information System (INIS)

    1974-01-01

    This Act which came into force on 18 September 1974 replaces the nuclear third party liability provisions of the 1962 Act on nuclear installations. Its adoption enabled the Danish Government to ratify the 1960 Paris Convention and the 1963 Brussels Supplementary Convention. In accordance with the principles prescribed by these Conventions, the Act establishes an absolute and limited third party liability system (75 million Danish Krone) and compulsory insurance for the operator of a nuclear installation situated in Denmark. In certain conditions, the State may have to intervene to ensure compensation of nuclear damage exceeding the financial security provided by the operator liable. (NEA) [fr

  16. Nuclear Installations Act 1969

    International Nuclear Information System (INIS)

    1969-01-01

    The purpose of this Act is to amend the Nuclear Installations Act 1965 to bring it into full compliance with the international conventions on nuclear third party liability to which the United Kingdom is a Signatory, namely, the Paris Convention, the Brussels Supplementary Convention and the Vienna Convention. (NEA) [fr

  17. Royal Order of 13 May 1980 fixing the maximum amount of liability of the operator for damage caused by a nuclear incident

    International Nuclear Information System (INIS)

    1980-01-01

    The purpose of this Order is to raise the maximum liability of the nuclear operator to one milliard Belgium francs per nuclear incident. This measure was taken with a view to keeping the operator's maximum liability at least at a constant value. (NEA) [fr

  18. Protocol to amend the convention on third party liability in the field of nuclear energy of 29th July 1960, as amended by the additional protocol of 28th January 1964, Paris, 16 November 1982

    International Nuclear Information System (INIS)

    1983-01-01

    This Protocol further amends the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, concluded between the Federal Republic of Germany, Austria, Belgium, Denmark, Spain, Finland, France, Greece, Italy, Luxembourg, Norway, Netherlands, Portugal, United Kingdom, Sweden, Switzerland and Turkey within the framework of the Organisation for Economic Co-operation and Development. (U.K.)

  19. Responsabilidade civil do Estado por omissão estatal Civil liability of the State for environmental neglect

    Directory of Open Access Journals (Sweden)

    Haide Maria Hupffer

    2012-06-01

    Full Text Available Constituição Federal de 1988 é um divisor de águas ao assumir-se como Constituição Ambiental, provocando uma ruptura em relação ao conceito de responsabilidade civil. Partindo de uma abordagem qualitativa, dialética e jurisprudencial, este artigo analisa o Princípio Responsabilidade desenvolvido por hans jonas e realiza um diálogo com o instituto da responsabilidade civil ambiental, identificando, com apoio na legislação constitucional e infraconstitucional, as controvérsias doutrinárias acerca da natureza da responsabilidade estatal (objetiva ou subjetiva frente a casos de omissão da administração pública e à ocorrência de dano ambiental. Conclui-se que o Superior Tribunal de Justiça assume uma dimensão mais alargada do conceito de responsabilidade civil do Estado, demonstrando uma tendência pela responsabilidade civil objetiva com base no risco. Assim, o Brasil, salvo algumas divergências doutrinárias, adota a responsabilidade civil objetiva do Estado pela teoria do risco administrativo alicerçada no ato ilícito e na aceitação do risco.The Federal Constitution of 1988 is a 'water divisor' since it assumes the role of Environmental Constitution, causing a rapture of the concept of civil liability. Starting from a qualitative, dialectical and jurisprudential approach, this article analyzes the Principle of Liability according to Hans Jonas in order to dialogue with the Institute of Civil Environmental Liability, identifying, with the support of the constitutional and infraconstitutional legislation, the doctrinary controversies about the nature of state liability (objective or subjective towards cases of neglect by the public administration and the event of environmental damage. It is possible to conclude that the Higher Court of Justice assumes a larger dimension of the civil liability of the State, thus showing the tendency towards the objective civil liability based on the risk. Therefore, Brazil, regarded some

  20. Nuclear Energy and Liability in Law. Records of the meeting

    International Nuclear Information System (INIS)

    1977-01-01

    The question of nuclear energy and liability in law was discussed at a one-day meeting organised jointly by the Societe francaise de radioprotection and the Societe francaise d'energie nucleaire. This report contains three of the papers presented. The first paper describes the different types of liability: civil, penal, administrative, international and explains the reasons which have led the legislator to introduce special liability rules to meet the problems raised by nuclear energy. The second paper deals with radiation protection and the different types of liability in law which may result from activities involving radiation protection. Finally, the third paper discusses nuclear risk insurance from the viewpoint of atomic insurance pools and specifies that insurers are concerned with improving accident prevention measures, in close collaboration with nuclear operators and the public authorities. (NEA) [fr

  1. The Vienna Conventions on Early Notification and Assistance

    International Nuclear Information System (INIS)

    Cameron, P.

    1988-01-01

    Following the Chernobyl accident, the IAEA established and opened for signature on 26th September 1986 two Conventions, on Early Notification of a Nuclear Accident and on Assistance in Case of a Nuclear Accident or Radiological Emergency respectively. This chapter describes the Conventions and their origins (NEA) [fr

  2. Particular aspects and limits of absolute nuclear liability

    International Nuclear Information System (INIS)

    Engelhard, M.; Brunengo, C.

    1981-10-01

    Ambiguities subsist concerning the application limits of conventional non-nuclear liability and nuclear liability. Based on three examples where the system of channelling liability onto the operator of a nuclear installation is not applied: holder of low-risk nuclear products or materials; nuclear/supplier contractual relations; and nuclear operator/third party relations, this paper outlines some practical solutions to the problems met. The solutions considered concern: suppression of nuclear risk exclusions in policies underwritten by persons who do not take part in the nuclear activity and generalizing and strengthening of the channelling of the nuclear risk onto the operator as well as creation of ''bridges'' between the existing Conventions. (NEA) [fr

  3. Liability Issues

    International Nuclear Information System (INIS)

    O’Donoghue, K.

    2016-01-01

    Nuclear liability conventions try to provide a set of rules to govern third party liability. Not all States are parties to one of the existing liability conventions. There are a number of reasons why individual States may choose not to join one of the existing conventions. These include limits of compensation, jurisdiction issues, complexity, cost and definition of damage among others. This paper looks at the existing conventions and identifies some of the main issues in the existing conventions which prevent some States from signing them. The paper attempts to tease out some of the perceived gaps in the existing conventions and give a brief description of the reasons why non-Contracting Parties have difficulty with the provisions of the conventions. The paper recognizes that there has been work done in this area previously by the International Expert Group on Nuclear Liability (INLEX) and others to try to develop the existing frameworks to enhance global adherence by nuclear and non-nuclear States to an effective nuclear liability regime. (author)

  4. Nuclear operators' third party liability amounts and financial security limits (Last updated: December 2017)

    International Nuclear Information System (INIS)

    2017-12-01

    This table aims to gather information on the amounts available to compensate potential victims of a nuclear incident in countries and economies having nuclear power plants and/or having ratified at least one of the international conventions on nuclear third party liability. In the table: Public funds correspond to the amounts provided from public funds beyond the Operator's Liability Amount to be made available by the States parties to the BSC or CSC according to such conventions, or by any public authority pursuant to applicable laws and regulations. International funds correspond to public funds contributed jointly by all the States parties to the BSC or CSC according to a pre-determined formula provided in the respective conventions. The amount provided in the table corresponds to the total amount of the international funds calculated the day the table was updated. For the CSC international fund, an on-line calculator is available at https://ola.iaea.org/ola/CSCND/index.html Under Article V, subparagraph 1 of the Vienna Convention, 'The liability of the operator may be limited by the Installation State to not less than US $5 million for any one nuclear incident'. Subparagraph 3 of the same article further provides that 'The United States dollar referred to in this Convention is a unit of account equivalent to the value of the United States dollar in terms of gold on 29 April 1963, that is to say US $35 per one troy ounce of fine gold'. Therefore, in this table (1963: USD 5 million) means that a country applies the Operator's Liability Amount as provided under the Vienna Convention. With regard to the BSC, in 1992 the OECD Council issued a recommendation [C(92)166/FINAL] that the contracting parties to the BSC shall not invoke Article 3 (b)(i) of the BSC in cases where the amount of the insurance or other financial security of the operator is higher than SDR 175 million per incident (i.e. public funds tier) of the BSC. As a

  5. Limiting the liability of the nuclear operator

    International Nuclear Information System (INIS)

    Reyners, P.

    1986-01-01

    This article discusses the questioning of a fundamental principle of the special nuclear third party liability regime by certain NEA countries: the limitation of the nuclear operator's liability. This regime, set up since the late fifties at European then at worldwide level, had until now been widely adopted in the national legislation of most of the countries with a nuclear power programme. The author analyses the different arguments in favour of restoring unlimited liability for the nuclear operator and attempts to define its implications for the future of the nuclear third party liability regime in NEA countries. (NEA) [fr

  6. Decree No. 33/77 of 11 March approving ratification of the Convention on Third Party Liability in the Field of Nuclear Energy, signed in Paris on 29 July 1960 and amended by the Additional Protocol, signed in Paris on 29 January 1964

    International Nuclear Information System (INIS)

    1977-01-01

    This Decree, promulgated on 21 February 1977, approves ratification of the Paris Convention and reproduces the full text of the Convention in French, followed by its translation into Portuguese. The Paris Convention provides an exceptional nuclear liability system and its scope is limited to risks of an exceptional character for which common law rules and practice are not suitable. Under the Convention, liability is absolute, channelled onto the nuclear operator and limited in amount. (NEA) [fr

  7. Nuclear third party liability and insurance - Status and prospects. Proceedings of the Munich symposium, 10th-14th September 1984

    International Nuclear Information System (INIS)

    1985-01-01

    A symposium on Nuclear Third Party Liability and Insurance, organised by the OECD Nuclear Energy Agency and the International Atomic Energy Agency in 1984 reviewed the fundamental principles of the nuclear third party liability regime and discussed the relationship of the insurance market with the international Conventions in this field. It also examined the concept of nuclear damage and a number of new issues raised by technical developments such as long-term radioactive waste management and decommissioning of nuclear installations. These proceedings reproduce the papers presented, in English or French, as well as the ensuing discussions and panel discussions. (NEA) [fr

  8. Nuclear Liability, State of the Art

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    2010-01-01

    Over fifty years ago states started to introduce legislation protecting the public against the potential magnitude and peculiarity of risks arising from the nuclear energy production. They did so trough a specific liability and compensation regime. Whether legislation was based on national initiatives or, as more frequently, related to international nuclear liability conventions, it was based on a number of principles being applied universally. Furthermore, it at the same time strived for not preventing the development of the nuclear industry because of an unbearable liability. This paper aims at explaining the broad outline of the above legislation, its development since its early years, the state of the art as regards its modernisation as well as the (alleged) problems underlying the delay in its introduction in a number of countries. When dealing with those problems it will be inevitable to touch upon a number of insurance related matters, which, as an insurer I am happy to tell, will lead me to familiar territory.(author).

  9. Nuclear liabilities - nuclear insurance. Pt. 1

    International Nuclear Information System (INIS)

    Roesch, H.

    1981-01-01

    Too much emotion is involved in the topic of nuclear energy. This is often due to the fact that the persons involved lack of essential basic knowledge. This article and the following ones represent an attempt to offer a technically oriented introduction into the physical preconditions of the problems and the questions concerning matters of liability and insurance. (orig.) [de

  10. ILLEGAL ACTS - CONDITION OF LIABILITY FOR DAMAGES CAUSED IN EXERCISING LEGAL LABOR RELATIONS

    Directory of Open Access Journals (Sweden)

    Ştefania-Alina Dumitrache

    2014-11-01

    Full Text Available According to article 253 and 254 of Labor Code, both employers and employees are responsible under the rules and principles of contractual liability for damages to the other party of legal labor relationship and we emphasize that this is not purely civil liability, but a variety of it, determined by the specific peculiarities of legal labor relations. Thus, we highlight that labor law provisions which refer to liability for damages complement, unquestionably, with the common law relating to civil liability. The paper analyzes the objective basis of legal accountability, namely the illicit act causing damages committed in fulfilling labor duties or in connection tot hem, therewith the method detailed and comparative documentation of legislation in the field and relevant doctrine.

  11. Law no. 10.308 of 20th November, 2001 on radioactive waste repositories siting, construction, licensing, operation, inspection, costs, indemnity, civil liability and guarantees concerning to the radioactive wastes repositories and other provisions

    International Nuclear Information System (INIS)

    2001-01-01

    This Act was published on November 20, 2001 and set forth regulations on the final disposal of radioactive wastes produced in Brazil, including siting, construction, licensing, operation, inspection, costs, indemnities, civil liability and guarantees concerning to the radioactive wastes repositories. This act allows for installation and operation of initial, intermediary and final repositories in accordance with the criteria established by the Brazilian Nuclear Energy National Commission - CNEN. The person or organization granted with CNEN authorization for operation of the initial repositories shall be liable for personal, patrimony and environmental radiological damages. The civil liability of CNEN is concerned to the radioactive waste intermediary and final disposals and transportation

  12. motor vehicle lessors' liability for damages to third parties: acomment

    African Journals Online (AJOL)

    eliasn

    of defining the scope of application of the Ethiopian law on liability for damages ... Federal Supreme Court in a recent case has rendered a decision that allows. ♧ .... 3.1 Whether Third Party Practice Exonerates Joint and Several. Liability.

  13. Act N0 65-956 of 12 November 1965 on the third party liability of operators of nuclear ships

    International Nuclear Information System (INIS)

    1965-01-01

    This Act determines the liability of operators of nuclear ships according to the general principles of the Paris Convention. In particular, such operators are solely liable for nuclear damage caused by a nuclear incident up to a limit of 500 millions French francs. With regard to French nuclear ships and insofar as the security provided by the operator is insufficient to meet claims for which he is liable up to the above-mentioned limit, the State intervenes to that amount. (NEA) [fr

  14. Nuclear Liability and Insurance Cover for Risk of Nuclear Power Plants - Situation for Nuclear Installations in Germany

    International Nuclear Information System (INIS)

    Boediker, T.

    1998-01-01

    A dispute about nuclear liability and insurance cover for risks of nuclear power plants from an insurer's point of view has to determine and to judge the essential risk relevant factors. These are beside plant and site specific factors considerations of insurance restrictions in the extent of cover compared with the legal scope of liability for (re-)insurability's sake. Among such consideration are: financial limitation and obligation for its reinstatement, exclusions for gradual emissions of approved activities, armed conflicts, hostilities, civil war, insurrections or grave natural disaster and restrictions in the limitation and preclusion periods. In comparison with conventional liability risks there are some specialties to be considered some of which prove to be a risk relief other as a risk burden for insurance: Salvage expenses or interests and court costs to be paid by unsuccessful party in a lost litigation do not fall under legal liability and hence are excluded from the financial security cover so that are compensation is subject to agreed separate limits. A serious burden for the insurers can result out of the loss regulation costs in case of a severe nuclear accident. These expenses, which can exceed hundred million DM by far, are to be carried by the insurers in the frame of their obligation to investigate raised claims. Therefore the insurers should aim a fixed limitation in order to restrict their limit. (author)

  15. Present state of nuclear power plants insurance in Belgium

    International Nuclear Information System (INIS)

    Lacroix, F.

    1976-01-01

    A brief recall is given of the main provisions of international conventions on civil liability in the scope of the nuclear energy and a description of the insurance conditions. The insurance problems of damages including the security of some special risks are considered. (A.F.)

  16. Civil Liability Resulting from Sport Referees Misjudgment

    Directory of Open Access Journals (Sweden)

    seyed hassan hosseinimoghaddam

    2017-10-01

    Full Text Available There is no doubt that sport is helping people to have health and happiness.  However,   this has undergone several changes over time since but there was professional the sports mix with championship and all there phenomena.  Nowadays, sport is considered as a profession and many companies and plus can see it as a business.  Moreover, governments mix the scores with politics.  Referees are not guaranteeing discipline in sport fields. The decisions referees make have some consequences including civil responsibilities.  So, the referees are expected to make up for theor loss caused by their decisions. From this point of view the responsibilities of the referrals should be investigated to clarify the limits of their responsibilities and the extent to which they have to make up for the loss. If these limitations are not clarified the maximum reaction the referee may receive would not extend notifications of unfair decisions which may not have any legal consequences for him. The may not be responsible to the loss caused by his decisions regarding the breakdown of club properties or viewers of the match. It should be noted that the referee alone is not responsible for making up the loss and should make up for that as one of the casual elements according to the civil law and Islamic punishment rule acted in 2013.

  17. [Liability in Anaesthesiology: theory of disproportionate damage].

    Science.gov (United States)

    Galán Gutiérrez, J C; Galán Cortés, J C

    2013-10-01

    An analysis is made of the controversial application of the theory of disproportionate damage in the anaesthetic act, due to the high inherent risk, and regardless of the seriousness and importance of the surgery being performed. The existence of a disproportionate damage, that is, damage not foreseen nor accountable within the framework of the professional performance of the anaesthetist, does not by itself determine the existence of liability on the part of the anaesthetist, but the demand from the professionals themselves for a coherent explanation of the serious disagreement between the initial risk implied by their actions and the final consequence produced. Copyright © 2012 Sociedad Española de Anestesiología, Reanimación y Terapéutica del Dolor. Published by Elsevier España. All rights reserved.

  18. Deliberations on Compensation and Remediation of Nuclear Damage to the Environment

    International Nuclear Information System (INIS)

    Pelzer, N.

    2010-01-01

    At its meeting held on 17 and 18 November 2009, the OECD NEA's Nuclear Law Committee (NLC) discussed the issue of obtaining financial security to cover liability for environmental damage. The experts from the insurance industry observed that the liability for environmental damage under the '2004 Paris Convention on Third Party Liability in the Field of Nuclear Energy' (2004 Paris Convention)2 may differ from the liability established under the 'Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage' (referred to as 'directive'). This discussion put into focus the question whether the term 'liability' of the operator under the 2004 Paris Convention and under the directive covers identical concepts of 'compensation'. It is true that the directive, according to its Article 4, excludes nuclear risks or environmental damage or the imminent threat of such damage originating from defined nuclear activities from its scope of application. However, it reserves the right to amend that exclusion by 2014 [Article 18(2) and (3)]. Irrespective of this legal situation, there exists an understandable interest of the insurance industry and of other stakeholders as well to get clarification on which type of obligation the operator has to meet under both instruments, or in other words: which liability and coverage consequences does damage to the environment entail for the operator?

  19. Chernobyl: Lessons in nuclear liability

    International Nuclear Information System (INIS)

    Kwaczek, A.S.; Mooney, S.; Kerr, W.A.

    1990-01-01

    Chernobyl dumped significant quantities of radioactive fallout as far as 1,300 miles away, causing severe economic loss in nations stretching from Sweden to Greece. It cost innocent sheep growers in Wales, fishermen in Switzerland, reindeer-dependent Laplanders in Norway, dairymen in Sweden and Austria, and cheese makers in Greece. European nations have calculated costs from deposition of nuclear materials in the hundreds of millions report the authors. The accident at chernobyl and the European experience with the consequences can offer several insights relevant to the US commercial nuclear industry, the authors note: (1) the aggregate effect of such an accident is extremely large and unpredictable; (2) adequate disaster planning can significantly reduce costs and ease the disruption; and (3) the experience raises questions about the adequacy of the nation's nuclear insurance and liability programs. given the number of commissioned nuclear reactors today, the present scheme would provide financial compensation of approximately $7 billion per incident. Depending on the circumstances, the authors say this may not be sufficient

  20. Nature and finality of liability insurance support to nuclear operators

    International Nuclear Information System (INIS)

    Deprimoz, J.

    1975-01-01

    First the specific features of the law originated from the Paris Convention of 1960 is described: strict liability channeled on the operator, the both principles being already underlying in the insurance policies delivered to nuclear operators before their introduction in the internal legislation of the countries that ratified the convention. Then the specific services expected from the liability Insurer are reviewed and the method now prevailing for a rating approach of the risks is analyzed. The new rating techniques that could be justified by speeding up the erection program of nuclear plants through the world are surveyed [fr

  1. Nuclear energy and civilization

    International Nuclear Information System (INIS)

    Soentono, S.

    1996-01-01

    The role of energy is indeed very important since without it there will be no living-things in this world. A country's ability to cultivate energy determines the levels of her civilization and wealth. Sufficient energy supply is needed for economic growth, industrialization, and modernization. In a modern civilization, the prosperity and security of a country depends more on the capability of her people rather than the wealth of her natural resources. Energy supplies the wealth, prosperity and security, and sufficient reliable continuous supply of energy secures the sustainable development. The energy supply to sustain the development has to improve the quality of life covering also the quality of environment to support the ever increasing demand of human race civilization. Energy has a closer relationship with civilization in a modern society and will have to become even closer in the future more civilized and more modern society. The utilization of nuclear energy has, however, some problems and challenges, e.g. misleading information and understanding which need serious efforts for public information, public relation, and public acceptance, and possible deviation of nuclear materials for non-peaceful uses which needs serious efforts for technological and administrative barriers, precaution, prevention, safety, physical protection, safeguard, and transparency. These require cooperation among nuclear community. The cooperation should be more pronounced by heterogeneous growing Asian countries to reach harmony for mutual benefits toward better civilization. (J.P.N.)

  2. Spent nuclear fuel disposal liability insurance

    International Nuclear Information System (INIS)

    Martin, D.W.

    1984-01-01

    This thesis examines the social efficiency of nuclear power when the risks of accidental releases of spent fuel radionuclides from a spent fuel disposal facility are considered. The analysis consists of two major parts. First, a theoretical economic model of the use of nuclear power including the risks associated with releases of radionuclides from a disposal facility is developed. Second, the costs of nuclear power, including the risks associated with a radionuclide release, are empirically compared to the costs of fossil fuel-fired generation of electricity. Under the provisions of the Nuclear Waste Policy Act of 1982, the federally owned and operated spent nuclear fuel disposal facility is not required to maintain a reserve fund to cover damages from an accidental radionuclide release. Thus, the risks of a harmful radionuclide release are not included in the spent nuclear fuel disposal fee charged to the electric utilities. Since the electric utilities do not pay the full, social costs of spent fuel disposal, they use nuclear fuel in excess of the social optimum. An insurance mechanism is proposed to internalize the risks associated with spent fueled disposal. Under this proposal, the Federal government is required to insure the disposal facility against any liabilities arising from accidental releases of spent fuel radionuclides

  3. Sustainable development and nuclear liability

    International Nuclear Information System (INIS)

    Schwartz, J.

    2001-01-01

    Although the high safety standards of the nuclear industry mean that the risk of an accident is low, the magnitude of damage that could result to third parties from such an accident is considerable. It was thus recognised from the very inception of the nuclear power industry that a special legal regime would need to be established to provide for the compensation of victims of a nuclear accident. The ordinary rules of tort and contract law were simply not suited to addressing such a situation in an efficient and effective manner. (authors)

  4. Standard rules for liability and cover for nuclear installations

    International Nuclear Information System (INIS)

    Pfaffelhuber, J.K.; Kuckuck, B.

    1980-01-01

    To afford full protection for possible victims, the authors of this article are in favour of doing away with the limitation of liability of nuclear operators presently provided under the German Atomic Energy Act, the principle of which is based on the Paris Convention and the Brussels Supplementary Convention. In support of this argument reference is made to the recent accident at Three Mile Island, trends in other national legislation towards unlimited liability as well as high safety standards in German nuclear plants. Finally, possible ways of providing unlimited liability are proposed, in particular increased insurance cover and the constitution of an interest-bearing fund in addition to State intervention in case of a major nuclear incident. (NEA) [fr

  5. A RESPONSABILIDADE CIVIL DOS REGISTRADORES IMOBILIÁRIOS THE LIABILITY OF THE ESTATE REGISTERS

    Directory of Open Access Journals (Sweden)

    Fernanda Heloisa Macedo Soares

    2015-12-01

    Full Text Available O presente estudo refere-se à Responsabilidade Civil dos Registradores, objetivando estabelecer as situações em que estes profissionais são responsáveis por danos causados no exercício de suas funções. O foco principal foi a responsabilidade civil dos registradores, sendo evidente que para um desenvolvimento coerente e sequencial do tema proposto, foi necessário a abordagem de conceitos fundamentais inerentes à responsabilidade civil, assim como o conceito de registradores. O objetivo desta pesquisa foi analisar o ordenamento jurídico brasileiro sobre os registradores e, a partir de uma interpretação sistemática das normas existentes, identificar qual o tipo de responsabilidade que deve ser atribuída a estes, que embora sejam dotados de fé pública dos atos em que intervêm e das declarações que retratam, não são funcionários públicos. Com o intuito de atingir este objetivo, foi necessário abordar sobre a responsabilidade civil, desde seus aspectos históricos, seus pressupostos, chegando a sua classificação como responsabilidade contratual ou extracontratual, objetiva ou subjetiva. Também se fez menção quanto à responsabilidade civil do Estado; ademais, foi explanado sobre os registradores desde suas origens, com ênfase em suas funções e atos praticados. A metodologia utilizada foi à pesquisa bibliográfica. Diante do que foi exposto no desenvolvimento da presente monografia, chegou-se à conclusão que a responsabilidade civil dos registradores trata-se de responsabilidade civil subjetiva, ou seja, aquela que exige a comprovação do elemento culpa, uma vez que estes são pessoas físicas e não se encaixam no disposto do artigo 36, § 7º da Constituição Federal.   Palavras-Chave: Responsabilidade Civil, Registrador, Imobiliário   The present study refers to the Liability and Registrars , aiming to establish the situations in which these professionals are responsible for damage caused in the exercise of

  6. Six Decades of Nuclear Accidents, Nuclear Compensation, and Issues of Radioactive Waste Management

    International Nuclear Information System (INIS)

    Boonsuwan, P.; Songjakkeaw, A.

    2011-11-01

    Thailand has made a serious aim to employ nuclear power by adopting five 1,000 MWt in the 2010 national Power Development Plan (PDP 2010) with the first NPP coming online in 2020. However, after the Fukushima nuclear disaster in March 2011, the National Energy Policy Committee had made the resolution to postpone the plan by 3 years. The post-Fukushima atmosphere does not bode well for the public sentiment towards the proposed programme, especially with regards to safety of an NPP. Nonetheless, during the six decades that NPPs have been in operation in 32 countries worldwide, there are only 19 serious accidents involving fatalities and/or damage to properties in excess of 100 million USD. Out of the three significant accidents - Fukushima nuclear accident (2011), Chernobyl nuclear accident (1986), and Three Miles Island nuclear accident (1979) - only the accident at Three Miles Island occurs during normal operation. Such can be implied that the operation of NPPs does maintain a high level of safety. The current technology on nuclear safety has been advancing greatly to the point that the new NPP design claims to render the possibility of a severe accident resulting in core melting insignificant. Along with the technical improvements, laws and regulations have also be progressing in parallel to adequately compensate and limit the liability of operators in case of a nuclear accident. The international agreements such as the Vienna Convention on Civil Liability for Nuclear Damage and the Convention of the Third Party Liability in the Field of Nuclear Energy had also been established and also the national laws of countries such as the United States and Japan have been implemented to address such issues to the point that victims of a nuclear accidents are adequately and justly compensated. In addition to the issues of nuclear accident, the dilemma in nuclear waste management, especially with regards to the High Level Waste which is highly radioactive while having very

  7. Liability for the nuclear risk; Aansprakelijkheid voor het nucleaire risico

    Energy Technology Data Exchange (ETDEWEB)

    Faure, M. [ed.] [Rijksuniversiteit Limburg, Maastricht (Netherlands); Govaerts, P.; Malbrain, C.; Veuchelen, L. [Centre d`Etude de l`Energie Nucleaire, Mol (Belgium); Spriet, B. [Katholieke Univ. Leuven (Belgium). Inst. voor Strafrecht; Heldeweg, M.; Hertogs, M.; Van Maanen, G.; De Roos, T.; Seerden, R. [Maastrichts Europees Instituut voor Transnationaal Rechtswetenschappelijk Onderzoek METRO, Rijksuniversiteit Limburg, Maastricht (Netherlands)

    1993-12-31

    Results of a cooperative research project on the juridical aspects of nuclear risk (criminal, civil and administrative aspects), according to the Belgian and Dutch laws, are presented. In this multi-disciplinary project also attention is paid to the economic impacts and positive-scientific aspects of the nuclear risk regarding radioactive waste problems and nuclear accidents. The liability for and the decision-making regarding the site selection of nuclear power plants is dealt with as well. 9 figs., 23 tabs., 198 refs.

  8. An overview of the insurance of nuclear power plants

    International Nuclear Information System (INIS)

    Tannion, T.

    2011-01-01

    Insurance is the transfer of financial risk. It is used to offset losses on the happening of a contingent and uncertain event. It is, in effect, the transfer of the financial risk of a loss, from one entity to another, in exchange for the payment of a premium. In the interest of brevity, this paper does not address the issue of civil liabilities applying to the operation of nuclear power plants and arising out of the Paris or Vienna Conventions or any of the protocols thereto. For detailed information on these, please refer to the IAEA or WNA web sites. (Author)

  9. Legal aspects and liabilities of storage in transit of nuclear materials

    International Nuclear Information System (INIS)

    Mees, M.C.

    1983-01-01

    This paper considers the question of storage in transit of nuclear materials under the Paris Convention. It specifies the concepts of storage in transit of nuclear materials and then sets out the basic principles of nuclear third party liability. The paper concludes with an analysis of the practical situation in this field and the extent of State liability. (NEA) [fr

  10. Liability of suppliers to nuclear power plants in Western Europe

    International Nuclear Information System (INIS)

    Kuhn, W.

    1988-01-01

    The Paris Convention provides that liability for a nuclear incident is channelled onto the operator of the nuclear installation concerned. However, the author analyses in which cases and by what mechanisms, the operator can have a right of recourse against a supplier of that installation. He illustrates, by several scenarios of nuclear incident with transfrontier effects how a supplier may be held liable, and describes the relevant rules of law applicable, based on private international law and tort law principles (NEA) [fr

  11. Strict liability as a legal mechanism protecting the aggrieved parties' interests within the nuclear liability regime

    International Nuclear Information System (INIS)

    Novotna, Marianna

    2016-01-01

    The no-fault liability principle of nuclear liability regime, its compensation schemes, sociological and legal grounds of its construction as well as liberation grounds are analysed. The simple existence of causation of damage and nuclear accident without necessity of proving negligence or any other type of fault on the part of the operator as an adequate basis for the operator’s strict liability is highlighted thus simplifying the litigation process eliminating potential obstacles, especially such as might exist with the burden of proof. The question of weighing the interests of society in the development of nuclear industry, the necessary extent of protection of victims of nuclear accidents and the interests of operators of nuclear facilities as main determinants of the strict nature of nuclear liability is also described. (orig.)

  12. Protocol to amend the convention of 31st January 1963 supplementary to the Paris convention of 29th July 1960 on third party liability in the field of nuclear energy, as amended by the additional protocol of 28th January 1964, Paris, 16 November 1982

    International Nuclear Information System (INIS)

    1983-01-01

    This Protocol further amends the Convention of 31 January 1963 supplementary to the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy, concluded between the Federal Republic of Germany, Austria, Belgium, Denmark, Spain, Finland, France, Italy, Luxembourg, Norway, Netherlands, United Kingdom, Sweden and Switzerland, within the framework of the Organisation for Economic Co-operation and Development. (U.K.)

  13. [Beginners' operations and medical specialist standards : Avoidance of criminal liability and civil liability].

    Science.gov (United States)

    Schneider, H

    2018-05-16

    In all phases, patients are entitled to receive medical treatment according to medical specialist standards. This does not mean that patients necessarily have to be treated by a medical specialist. Operations performed by "beginners", e. g. assistant physicians, are permitted. However, there are increased liability risks, both for the specialist and the assistant physician. Furthermore, there are risks of criminal responsibility for causing bodily harm by negligence or negligent manslaughter. This article portrays the requirements of civil liability and criminal responsibility concerning beginners' operations on the basis of cases and judgments of the Federal Court and the Higher Regional Courts in Germany. Additionally, the reception of the jurisprudence by the relevant legal literature will be discussed. Jurisprudence and legal literature categorize breaches of duty of care. Assistant physicians can be subject to contributory negligence liabilities, while specialists can bear liabilities for negligent selection, organization or supervision. Responsible specialist and assistant physicians can protect themselves (and the patient) and avoid legal risks by only performing operations adequate to their educational level or by delegating operations to beginners and ensuring intervention by a specialist by supervision of the operation which is suitable to the assistant physician's level of education.

  14. Reflections of Civil and Criminal Liability in Obstetrical Violence Cases

    Directory of Open Access Journals (Sweden)

    Roberto Carvalho Veloso

    2016-10-01

    Full Text Available Obstetric violence is characterized by the imposition of interventions harmful to the physical and psychological integrity of pregnant women, perpetrated by health professionals and institutions (public and private in which such women are assisted. This paper aims to discuss the civil and criminal liability in cases of obstetric violence, from the judgments of the Supreme Court (STF, Superior Court of Justice (STJ and the Courts of Justice (TJs of the Rio Grande do Sul State and Minas Gerais, in order to identify the nature of the punishment and characterization of obstetric violence.

  15. Decision on the Exclusion of Small Quantities of Nuclear Substances outside a Nuclear Installation from the Application of the Convention on Third Party Liability in the Field of Nuclear Energy (This Decision was adopted at the 133. Session of the Steering Committee for Nuclear Energy held on 3-4 November 2016.)

    International Nuclear Information System (INIS)

    2017-01-01

    The steering committee, having regard to the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, as amended by the Additional Protocol of 28 January 1964, by the Protocol of 16 November 1982 and by the Protocol of 12 February 2004, and, in particular, Article 1(b) thereof; considering that, by virtue of that Article, the Steering Committee may, if in its view the small extent of the risks involved so warrants, exclude any nuclear installation, nuclear fuel or nuclear substances from the application of the Paris Convention; considering that nuclear substances in transport or use outside a nuclear installation, within defined limits and under specifically prescribed conditions during transport, should, in view of the small extent of the risks involved, be excluded from the application of the Paris Convention; having regard to its Decision of 18 October 2007 on the Exclusion of Small Quantities of Nuclear Substances outside a Nuclear Installation from the Application of the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960 as amended; considering that the 2005 Edition of the Regulations for the Safe Transport of Radioactive Material of the International Atomic Energy Agency referred to in the Annex to the above-mentioned Decision, has been replaced by revised editions, the most recent of which is the 2012 Edition, which is used as the basis for corresponding national and international regulations in this field; considering the need for a decision the annex of which is in line with the 2012 Edition of those Regulations; decides: 1. Nuclear substances which are consigned by an operator to a recipient for use shall be excluded from the application of the Paris Convention for the period during which they are outside a nuclear installation provided that the consignment, when leaving a nuclear installation, complies with the provisions set forth in the Annex to this Decision and with other relevant

  16. Future financial liabilities of nuclear activities

    International Nuclear Information System (INIS)

    1996-01-01

    This report deals with future financial liabilities arising from nuclear activities, in particular electricity generation. Future financial liabilities are defined as costs which an organisation or company is expected to meet beyond some five years as a consequence of its current and past activities. The study provides a comprehensive picture on policies for recognizing and funding future financial liabilities arising from nuclear activities and their implementation schemes in Nea Member countries. Mechanisms for reporting and funding future financial liabilities are described, analysed and compared. The report offers some findings, conclusions and recommendations for consideration by Member countries. The nuclear activities considered in the report include nuclear research and development, nuclear industry sectors such as uranium mining and milling, conversion and enrichment, nuclear fuel fabrication, nuclear power plant operation and maintenance, and radioisotopes production. Future financial liabilities arising from these activities cover management and disposal of radioactive wastes, reprocessing of spent fuels when applicable and decommissioning of facilities at the end of their life time. 12 refs., 14 figs., 16 tabs

  17. A Nuclear Third Party Liability Regime of a Multilateral Nuclear Approaches Framework in the Asian Region

    Directory of Open Access Journals (Sweden)

    Makiko Tazaki

    2014-01-01

    Full Text Available There are two primary challenges for establishing nuclear third party liability (TPL regimes within multilateral nuclear approaches (MNA to nuclear fuel cycle facilities in the Asian region. The first challenge is to ensure secure and prompt compensation, especially for transboundary damages, which is also a challenge for a nation-based facility. One possible solution is that in order to share common nuclear TPL principles, all states in the region participate in the same international nuclear TPL convention, such as the Convention on Supplementary Compensation for Nuclear Damage (CSC, with a view to its entry into force in the future. One problem with this approach is that many states in the Asian region need to raise their amount of financial security in order to be able to participate in the CSC. The second challenge lies with the multiple MNA member states and encompasses the question of how decisions are to be made and responsabilities of an installation state are to be shared in case of a nuclear incident. Principally, a host state of the MNA facility takes on this responsibility. However, in certain situations and in agreement with all MNA member states, such responsibilities can be indirectly shared among all MNA member states. This can be done through internal arrangements within the MNA framework, such as reimbursement to a host state based on pre-agreed shares in accordance with investment and/or making deposits on such reimbursements in case of an incident.

  18. Compensation for oil pollution damage caused by oil spills from ships and the International Oil Pollution Compensation Fund

    International Nuclear Information System (INIS)

    Jacobsson, M.

    1994-01-01

    Liability and compensation for pollution damage caused by oil spills from laden tankers is governed by two international conventions: the 1969 Civil Liability Convention and the 1971 Fund Convention. The Civil Liability Convention established a system of strict liability for tanker owners and introduced compulsory liability insurance. The Fund Convention created a system of supplementary compensation administered by an intergovernmental organization, the International Oil Pollution Compensation Fund (IOPC Fund), which at present has 56 member states (August 1993). The IOPC Fund pays compensation to victims of oil pollution in member states when the compensation from the ship owner and his insurer is insufficient. (author)

  19. Reviewing the justification and adequacy of existing legal principles governing nuclear third party liability

    International Nuclear Information System (INIS)

    Gnam, P.A.

    1983-01-01

    Following a review of the legal principles governing nuclear third party liability which are applied in most countries, this paper discusses certain reforms to this regime which have already been applied or are being studied in certain countries - namely the fixing of an unlimited amount of liability for nuclear damage. (NEA) [fr

  20. Compensation for nuclear damage in the OECD member countries

    International Nuclear Information System (INIS)

    1977-01-01

    The study aims to describe briefly the main features of the system for compensation of nuclear damage in OECD Member Countries, emphasising the practical arrangements for compensating such damage, with illustrations drawn from various national legal provisions applicable to such cases. The study indicates and compares legislative provisions which are specifically nuclear, without going into the substantive and procedural rules of the general law, reference to which frequently occurs in enactments relating to nuclear third party liability. The references to national nuclear legislation illustrate the manner in which effect has been given to international Conventions. (Auth.) [fr

  1. Medical Liability in the Light of New Hungarian Civil Code

    Science.gov (United States)

    Barzó, Tímea

    2015-01-01

    The number of medical malpractice lawsuits filed each year in Hungary has considerably increased since the change of regime. The judicial decisions and practices on determining and awarding wrongful damages recoverable for medical malpractices in the Hungarian civil law have been developing for decades.

  2. BNFL nuclear decommissioning liabilities management program

    International Nuclear Information System (INIS)

    Colquhoun, A.P.

    1995-01-01

    The objective of this paper is to describe BNFL's policy and strategy for decommissioning and also to summarize the overall scope of nuclear liabilities in the wider field of waste retrieval and storage, as well as the dismantling and demolition aspects of decommissioning. BNFL's recently established organisational arrangements for discharging all types of these liabilities are explained, together with a review of practical progress in dealing with them. Organisational changes in recent years have amalgamated decommissioning work with operations covering waste storage and retrieval operations. A strategy of minimising residual activity in shutdown plants is pursued, followed by dismantling and demolition on appropriate time scales to minimise risk and cost. Since April 1995, a new BNFL subsidiary, Nuclear Liabilities Management Company Limited has taken responsibility for discharge of BNFL's Waste Retrieval and Decommissioning liabilities on all BNFL sites. NLM has the objectives of optimal and lowest cost management of liabilities and much clearer segregation of physical operations from project specification and planning. The Ministry of Defense (MoD) policy, strategy, work programmes and progress for the Atomic Weapons Establishment (AWE) are also outlined. MoD/AEA has established an equivalent strategy for dealing with its liabilities. (J.S.). 5 refs., 2 figs., 4 appends

  3. Protocol to amend the convention on third party liability in the field of nuclear energy of 29 July 1960, as amended by the additional protocol of 28 January 1964 and by the protocol of 16 November 1982

    International Nuclear Information System (INIS)

    Johnston, Donald; )

    2004-01-01

    The governments of Germany, Belgium, Denmark, Spain, Finland, France, Greece, Italy, Norway, Netherlands, Portugal, United Kingdom, Slovenia, Sweden, Switzerland and Turkey; considering that it is desirable to amend the Convention on Third Party Liability in the Field of Nuclear Energy, concluded at Paris on 29 July 1960 within the framework of the Organisation for European Economic Co-operation, now the Organisation for Economic Co-operation and Development, as amended by the Additional Protocol signed at Paris on 28 January 1964 and by the Protocol signed at Paris on 16 November 1982; have agreed that the Convention shall be amended again. This document presents the modifications given to the text in 6 different languages

  4. 75 FR 43945 - Convention on Supplementary Compensation for Nuclear Damage Contingent Cost Allocation

    Science.gov (United States)

    2010-07-27

    ... of nuclear power around the world to meet the challenges of climate change, energy security, and... than power reactors having a thermal power rating of over 300 Megawatts. Also, nuclear facilities other... United States nuclear reactor operators. 934(a)(1). \\3\\ The Price-Anderson Act (``Price-Anderson'' or...

  5. Beyond Vienna and Montreal: A global framework convention on greenhouse gases

    International Nuclear Information System (INIS)

    Wirth, D.A.; Lashof, D.A.

    1993-01-01

    This chapter discusses the need for a framework treaty analogous to the Vienna Convention and to the Montreal Protocol for greenhouse gases. Discussed are the following topics: (1) the immediate need for multilateral greenhouse gas controls, including policy implications of scientific uncertainties; (2) recent steps toward a greenhouse gas convention; (3) an environmentally meaningful plan for a greenhouse gase conventions, including the ozone precident, CO 2 targets, resource transfers, trading emissions allocations, institutional issues

  6. Nuclear Reactors and Their Legal Liability Insurance

    International Nuclear Information System (INIS)

    Ekener, H.

    1999-09-01

    This paper examines Regulatory Regime in Turkey has no general Nuclear Energy Act and apart from legislation to the Turkish Atomic Energy Authority, the applicable law mainly covers protection and the licensing against of nuclear installation. In Addition this paper also contains briefly the major points which have to be taken into consideration and advance in the legal liability insurance of the nuclear power plants

  7. The allocation of liability for nuclear risks - the UK standpoint

    International Nuclear Information System (INIS)

    Jenkin, J.W.L.

    1983-01-01

    While nuclear legislation in most countries channels liability for nuclear damage solely to the operator of a nuclear installation, contractors supplying equipment and services in the United Kingdom and abroad may be liable for nuclear risks in certain circumstances. This paper discusses the risks for which a contractor may be held liable and the uncertainties in their respect. It also suggests some steps that can be taken to ensure that such risks are borne by those who can most readily bear them. (NEA) [fr

  8. International nuclear third party liability law: The response to Chernobyl

    International Nuclear Information System (INIS)

    Schwartz, J.A.

    2006-01-01

    In terms of liability and compensation issues, the response of the international community to the accident at Chernobyl has been comprehensive, aimed at modernising two outdated international regimes, linking them together and adopting a brand, new global one - all this in the hope of bettering the situation of victims of a nuclear accident, wherever they may be found. That improvement will be brought about in a number of ways once all of the relevant international instruments have entered into force. Much more money will be available to compensate victims of a nuclear accident and that money will be more readily and easily accessible. More victims will be entitled to compensation, both in terms of the type of damage that they have suffered and where those victims were physically located at the time they suffered it; in some cases, such as under the Supplementary Compensation Convention, victims in states other than that of the liable operator will be in a privileged position as regards a portion of the available compensation. In addition, the period in which claims for compensation can be made in respect of personal injury and loss of life has been extended, in recognition of the fact that some such injuries may not manifest themselves for many years after the accident has occurred. Yet despite the lessons learned from Chernobyl, despite the attempts to make these new or amended instruments as attractive as possible to encourage the broadest possible adherence, their acceptance by individual states has not been overwhelming. This is particularly true in the case of the VC Protocol and the CSC where the required liability amounts and financial security limits were intentionally established at levels deemed to be acceptable to the vast majority of potential parties. It is equally discouraging to see that Ukraine has not ratified either the VC Protocol or the CSC, even though it signed both shortly after their adoption in 1997. Similarly, the Russian Federation has

  9. Looking at nuclear liability and insurance in Russia

    International Nuclear Information System (INIS)

    Schwartz, J.

    1997-01-01

    A recent seminar in Moscow has addressed the issue of nuclear liability and insurance in the Russian nuclear industry since the breakup of the Soviet Union. The potential benefits of joining the international liability regime and adopting comprehensive nuclear liability legislation were discussed. The need to establish appropriate nuclear insurance structures and provide indemnity to cover the liability were also debated. Whether these changes can be put into action or not is less certain than the need for them. (UK)

  10. Challenges facing the insurance industry since the modernisation of the international nuclear third party liability regime

    International Nuclear Information System (INIS)

    Quere, Alain

    2014-01-01

    The modernisation of international conventions governing third-party liability in the nuclear field is essentially an attempt to resolve certain shortcomings whilst setting out higher compensation sums and extending the cover for nuclear damage for which compensation is payable. The latest convention revisions occurred in 2004 and led to the adoption of protocols amending the Paris Convention on Third Party Liability in the Field of Nuclear Energy and the Brussels Convention supplementing the Paris Convention. However, the substance of the current regimes is largely the result of conventions drawn up in the 1960's and, in the eyes of the general public, the changes made in 2004 are mainly concerned with increasing the compensation sums. Despite the proposed increases in the compensation amounts, there is certainly no doubt that the potential costs of a major nuclear accident will not be fully covered by the revised Conventions. In other words, the actual compensation amount in the event of nuclear damage is quite low if we refer back to known events. By way of example, the direct cost of the Fukushima Daiichi nuclear power plant accident is estimated to be above EUR 100 billion according to different sources. The accident virtually bankrupted the Tokyo Electric Power Company (TEPCO) immediately after this event. The economic costs of the Chernobyl accident, however, are difficult to assess even now. But, according to various sources, the costs also exceed USD 100 billion. The Fukushima Daiichi and Chernobyl accidents share common characteristics. First, the amount of damage could have been even higher had the accident occurred close to major population centres or if the wind direction at the time of the accident had been different. Second, no compensation was provided by the insurance world. Further, these two accidents did not occur within the framework of the new amended conventions (the latest revision of the Paris Convention has still not taken effect). These

  11. Grounding Damage to Conventional Vessels

    DEFF Research Database (Denmark)

    Lützen, Marie; Simonsen, Bo Cerup

    2003-01-01

    The present paper is concerned with rational design of conventional vessels with regard to bottom damage generated in grounding accidents. The aim of the work described here is to improve the design basis, primarily through analysis of new statistical data for grounding damage. The current regula...

  12. Management of nuclear liabilities in Germany

    International Nuclear Information System (INIS)

    Roser, T.

    1995-01-01

    The management of nuclear liabilities in the Federal Republic of Germany is explored in this article. The intermediate storage and final disposal of spent fuels from the country's twenty nuclear power stations is discussed. Flexible solutions to the changing problems of nuclear fuel cycle economics are needed. Financing the back end of the nuclear power station lifetimes is currently underfunded. Monies should be accumulated during the plant's active life. The political, technical, legal and economic aspects of the nuclear industry must also be included. (UK)

  13. A study on the civil liability of radiological technologist in medical malpractice

    International Nuclear Information System (INIS)

    Lim, Chang Seon

    1995-01-01

    Recently the suits for medical malpractice are gradually increasing in this country. The main purpose of this study is to excavate the most suitable theories about civil liabilities on medical malpractice by radiological technologist. To solve the above-mentioned problems in medical malpractice, I have proceeded to make a survey of traditional theories and tried to excavate the most suitable theories for our medical circumstances among those theories. Both domestic and foreign relevant professional literatures and legal cases were investigated in this study. Several important findings of this study are as follows. First, the nature of legal interrelationship between radiological technologist and physician(or the representative of a hospital) is to define the content of employment. But in the eye of medical law, the interrelationship between radiological technologist and physician is written that radiological technologist should be directed by physician. Second, the nature of legal interrelationship between patient and physician(or the representative of a hospital) is to define the content of legal obligation of physician(or the representative of a hospital), and radiological technologist execute his obligation as proxy for physician. Therefore, patient can not clame any legal right to radiological technologist. Third, radiological technologist has the obligation of Due Care in medical practice. Fourth, on the medical malpractice by radiological technologist the civil liability can be treated as either tortious liability or contractual liability, and physician (or the representative of hospital) take the responsibility for the damage compensation. In this case, physician has the right of indemnity to radiological technologist. But it should be dinied or extremely limited

  14. Act of 17 April 1986 to implement Articles 7 and 8 of the Convention on Physical Protection of Nuclear Material, done in Vienna and New York on 3 March 1980

    International Nuclear Information System (INIS)

    1986-01-01

    The purpose of this Act is to implement in domestic legislation Articles 7 and 8 of the Convention on the Physical Protection of Nuclear Material, signed by Belgium on 13th June 1980. Article 7 of the Convention lays down that states Parties must provide for penalties for a number of serious offences with respect to nuclear material. Article 8 specifies the cases in which measures must be taken by States Parties to establish their jurisdiction over such offences. (NEA) [fr

  15. National nuclear safety report 1998. Convention on nuclear safety

    International Nuclear Information System (INIS)

    1998-01-01

    The Argentine Republic subscribed the Convention on Nuclear Safety, approved by a Diplomatic Conference in Vienna, Austria, in June 17th, 1994. According to the provisions in Section 5th of the Convention, each Contracting Party shall submit for its examination a National Nuclear Safety Report about the measures adopted to comply with the corresponding obligations. This Report describes the actions that the Argentine Republic is carrying on since the beginning of its nuclear activities, showing that it complies with the obligations derived from the Convention, in accordance with the provisions of its Article 4. The analysis of the compliance with such obligations is based on the legislation in force, the applicable regulatory standards and procedures, the issued licenses, and other regulatory decisions. The corresponding information is described in the analysis of each of the Convention Articles constituting this Report. The present National Report has been performed in order to comply with Article 5 of the Convention on Nuclear Safety, and has been prepared as much as possible following the Guidelines Regarding National Reports under the Convention on Nuclear Safety, approved in the Preparatory Meeting of the Contracting Parties, held in Vienna in April 1997. This means that the Report has been ordered according to the Articles of the Convention on Nuclear Safety and the contents indicated in the guidelines. The information contained in the articles, which are part of the Report shows the compliance of the Argentine Republic, as a contracting party of such Convention, with the obligations assumed

  16. Nuclear Liability Act of 8 June 1972 as amended by the Act of 15 September 1989

    International Nuclear Information System (INIS)

    1989-09-01

    The 1972 Nuclear Liability Act has been amended by an Act 1989 to bring its provisions in line with those of the Paris Convention and the Brussels Supplementary Convention as amended respectively by the 1982 Protocols. The 1989 Act also raises the limit of the nuclear operator's liability from 42 million Finnish marks (approximately 8 million Special Draing Rights - SDRs) to 100 million SDRs [fr

  17. Transport and repair of contaminated nuclear components - liabilities and insurance

    International Nuclear Information System (INIS)

    Brunego, C.; Deprimoz, J.; Engelhard, M.

    1983-01-01

    The nuclear park has been constructed fairly recently and has not yet required large-scale maintenance efforts; however account should now be taken of the fact that periodic checks of nuclear power plants will imply systematic transfers of irradiated or contaminated materials outside the plants. In this context, the paper reviews the nuclear third party liability regime under the Paris Convention and the Euratom directives on radiation protection. It then describes the cover offered by insurance pools in several European countries. (NEA) [fr

  18. Limiting Civil Liability in the Sphere of Business Auditing

    Directory of Open Access Journals (Sweden)

    Carmen COSTULEANU

    2011-09-01

    Full Text Available The statutory audit of business entities is represented by the audit of annual financial accounts or consolidated financial accounts, according to the Community legislation transposed in national regulations. Negligence or imprudence in performing the activities related to this type of audit entail special consequences. It is to some of the elements derived from this context that we refer in this paper, especially as there is often the underlying risk for the auditor to be held liable. It is worth noting that one cannot claim several compensations for the same action. Then, the auditor is not jointly liable with the other authors of the illicit actions which have caused damages. On the other hand, limited liability does not apply to the situations when it has been proven that the auditor has breached his professional duties with direct intent.

  19. Nuclear liability legislation in Ukraine

    International Nuclear Information System (INIS)

    Hamankov, V.

    2000-01-01

    The present report contains certain information concerning the current situation dealing with provision of nuclear and radiation safety during the performance of all types of activity associated with nuclear installations, facilities of radioactive waste management and utilization of ionizing radiation sources in 1999. We try to make a concise analysis o legal bases of ensuring safety and to present general information concerning the Nuclear Insurance Pool of Ukraine. (author)

  20. The Liability of the Employer and the Liability of the Employees between Civil Law and Labour Law

    Directory of Open Access Journals (Sweden)

    Alexandru POPA

    2010-02-01

    Full Text Available The working relationships based on the individual labour contract have an unprecedented aspect in civil law, namely, inequity of parts during the performance of the contract. This inequity is transposed in theoretical and applicative plan by the existence of the subordination report between the employer and employee. The lack of balance of the forces between the two parts of the contract constituted the necessary element for the birth of the new law branch which, by its settlements, to compensate this drawback. Though, in matter of liability, this “law of inequity” does not distinguish as a creator of new and independent institutions from “the general law”, apparently confining only at the removing or compensating the premises of the parts inequity. Thus, the Romanian labour law create a specific institution named patrimonial liability which involve applicable rules in the legal relationship arise from the individual labour contract that represent an exception from the common rules of the civil liability but does not completely delimit from it and using it as a decipherer resource of its elements and as supplement resource.The patrimonial liability does not exclude in all the situations the co-existence of other forms of civil, contravention or criminal liability if the necessary elements for their incidence occur.

  1. Captivity mark as Foundation of Civil Liability for Risk in Prol Consumer

    Directory of Open Access Journals (Sweden)

    Fernando Antônio de Vasconcelos

    2016-06-01

    Full Text Available The postmodern society can be seen as risk society. From the Ulrich Beck’s idea that the acquired knowledge allows the current development model, but its generates uncontrollable risks, this study attempts to make a validation of trademark captivity theory as the basis for civil liability for risk. The strength of the brands as fundamental goals in today’s economic process is seen as a vector of liability for consumers as a vulnerable class. The difficulty of consumers in the process of accountability for damages suffered in their relations is still present. The supply process is complex and is formed by a network arrangements which stresses the consumer’s vulnerability. The trademark captivity allows the identification of an economic group participants by sharing the brand. The proposal in this article, is to strengthen the idea of   captivity mark as accountability paradigm from the brand with the theory of risk, examining its feasibility framing the sole paragraph of Article 927 of the Brazilian Civil Code.The methodology will be based on a legal-economic aspect and depart from an inductive analysis and bibliographic surveys, with the theoretical framework of Ulrich Beck, Antonny Giddens and Claudia Lima Marques.

  2. Should nuclear liability limits be removed. No

    International Nuclear Information System (INIS)

    Pape, E.C.

    1985-01-01

    The opposing view to the proposition that limits on nuclear liability under the Price-Anderson Act should be removed cites the historical recognition of the need to protect the public as it was defined in 1957. The limit on liability today is $630 million per nuclear incident, with total protection continuing to increase as new plants come on line and additional purchased insurance becomes available. The limit gives the industry an incentive to commit capital and technical resources to develop new technology. Removing the limit would increase costs, but not benefits, for electric consumers, and would require a new way to protect the public other than through purchased insurance or the utility's resources. The industry will support raising the limit, however

  3. Congenital Disabilities (Civil Liability) Act 1976 of 22 July 1976

    International Nuclear Information System (INIS)

    1976-01-01

    The Nuclear Installations Act 1965 has been amended to enable children born disabled in consequence of a breach of duty under the 1965 Act to claim compensation. Although the latter Act is therefore amended, it is provided that the general rules now laid down do not, in themselves, affect operation of the special liability regime provided by the 1965 Act. An injury, for the purposes of the 1965 Act, means that the persons concerned will be able to recover compensation for that injury under that Act from the operator of the nuclear installation concerned, if they can establish that they have been affected in this way and that the cause was a nuclear occurrence or an emission of ionizing radiation for which the operator is liable under the 1965 Act. A woman involved in such an occurrence while she is pregnant with the result that her child is born disabled will be regarded as having been injured, even if she herself has suffered no physical or mental injury. Compensation may be reduced by reason of the fault of the claimant only to the extent that the cause of the injury is attributable to an act of the claimant committed with intent to cause harm or wantonly. (N.E.A.) [fr

  4. Civil consequences of nuclear power

    International Nuclear Information System (INIS)

    Bell, D.I.; Verrastro, G.J.

    1978-01-01

    With the proliferation of nuclear power as an energy source, much controversy has developed regarding the compensation of injuries resulting from reactor accidents. In order to promote the continuing quest for safety, this paper suggests a scheme of liability that will protect the component manufacturers and designers and at the same time provide compensation within the current framework of our legal system

  5. Reconsideration of the principle of the nuclear operator's limitation of liability

    International Nuclear Information System (INIS)

    Hohlefelder, W.

    1985-01-01

    The author considers that the introduction of unlimited strict liability in nuclear liability law is now reasonable and appropriate; there is no need for liability and cover to coincide to ensure the soundness of the regime. The provisions in Article 7 of the Paris Convention regarding maximum amounts of liability can no longer be considered to be the sole permissible system. Interpretation on the basis of the spirit and the purpose of these rules indicates that also unlimited liability is permissible in the light of the economic and safety-related technical development of the peaceful uses of nuclear energy. Also, a deviation from the principle that limited liability and cover should tally seems possible. (NEA) [fr

  6. Nuclear waste management, reactor decommisioning, nuclear liability and public attitudes

    International Nuclear Information System (INIS)

    Green, R.E.

    1982-01-01

    This paper deals with several issues that are frequently raised by the public in any discussion of nuclear energy, and explores some aspects of public attitudes towards nuclear-related activities. The characteristics of the three types of waste associated with the nuclear fuel cycle, i.e. mine/mill tailings, reactor wastes and nuclear fuel wastes, are defined, and the methods currently being proposed for their safe handling and disposal are outlined. The activities associated with reactor decommissioning are also described, as well as the Canadian approach to nuclear liability. The costs associated with nuclear waste management, reactor decommissioning and nuclear liability are also discussed. Finally, the issue of public attitudes towards nuclear energy is addressed. It is concluded that a simple and comprehensive information program is needed to overcome many of the misconceptions that exist about nuclear energy and to provide the public with a more balanced information base on which to make decisions

  7. Nuclear damage compensation and energy reform

    International Nuclear Information System (INIS)

    Yokemoto, Masafumi

    2013-01-01

    Nuclear damage compensation and energy reform were closely related. Nuclear damage compensation cost should be part of generation cost of nuclear power. Extend of nuclear damage compensation was limited by compensation standard of Tokyo Electric Power Co. (TEPCO) following guidelines of Dispute Reconciliation Committee for Nuclear Damage Compensation. TEPCO had already paid compensation of about two trillion yen until now, which was only a part of total damage compensation cost. TEPCO had been provided more than 3.4 trillion yen by Nuclear Damage Liability Facilitation Cooperation, which would be put back by nuclear operators including TEPCO. TEPCO could obtain present raising funds and try to reconstruct business with restart of nuclear power, which might disturb energy reform. Present nuclear damage compensation scheme had better be reformed with learning more from Minamata disease case in Japan. (T. Tanaka)

  8. Unlimited - nuclear liabilities in the Federal Republic of Germany

    International Nuclear Information System (INIS)

    Arendt, W.

    1986-01-01

    Unlimited nuclear liabilities as in force in the Federal Republic of Germany go beyond the international rules of the Paris liability agreement. The unlimited liability mainly roots in the positive operational experiences and safety balance of the 20 nuclear power plants which meanwhile are in operation in the Federal Republic of Germany. Nuclear liabilities must not be confounded with scepticism as to the utilization of nuclear power. Extraordinary requirements of that kind should rather be reflecting responsibility and clear ideas and notions of the advantages and risks of nuclear energy. (HSCH) [de

  9. Convention on nuclear safety

    International Nuclear Information System (INIS)

    1994-01-01

    The Convention on Nuclear Safety was adopted on 17 June 1994 by Diplomatic Conference convened by the International Atomic Energy Agency at its Headquarters from 14 to 17 June 1994. The Convention will enter into force on the ninetieth day after the date of deposit with the Depository (the Agency's Director General) of the twenty-second instrument of ratification, acceptance or approval, including the instruments of seventeen States, having each at leas one nuclear installation which has achieved criticality in a reactor core. The text of the Convention as adopted is reproduced in the Annex hereto for the information of all Member States

  10. Decision and Recommendation Concerning the Application of the Paris Convention on Third Party Liability in the Field of Nuclear Energy to Nuclear Installations for the Disposal of Certain Types of Low-level Radioactive Waste (This Decision and Recommendation was adopted at the 133. Session of the Steering Committee for Nuclear Energy held on 3-4 November 2016.)

    International Nuclear Information System (INIS)

    2017-01-01

    The steering committee, having regard to the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, as amended by the Additional Protocol of 28 January 1964, by the Protocol of 16 November 1982 and by the Protocol of 12 February 2004, and in particular Article 1(b) thereof; Considering that, by virtue of that Article, the Steering Committee may, if in its view the small extent of the risks involved so warrants, exclude any nuclear installation, nuclear fuel or nuclear substances from the application of the Paris Convention; having regard to Article 8(b) and Article 10(b) of the Statute of the OECD Nuclear Energy Agency; considering that nuclear installations for the disposal of low-level radioactive waste are covered by the provisions of the Paris Convention; considering that it should be made possible for Contracting Parties to cease the application of the Paris Convention to a nuclear installation for the disposal of certain types of low-level radioactive waste where the risks involved are so limited; noting the attached Explanatory Note; decides that any Contracting Party may cease to apply the Paris Convention to a nuclear installation for the disposal of low-level radioactive waste, provided that the provisions set out in the Appendix to this Decision and Recommendation and any additional conditions which the Contracting Party may judge appropriate to establish are met; recommends that the Contracting Parties which make use of this option notify the other Contracting Parties, as well as the Nuclear Energy Agency; and recommends that the Nuclear Energy Agency, as appropriate, analyses periodically the experience gained by the Contracting Parties which use this option and reports back to all the Contracting Parties. (authors)

  11. Nuclear insurance and third-party liability. An overview

    Energy Technology Data Exchange (ETDEWEB)

    Rashid, Nahrul Khair

    1986-04-01

    As for any other insurance policy, nuclear insurance involves two parties, the insurer and the insured. The coverage provided for can be against any misfortune or peril; material or physical losses, financial losses, third party liability or even the insured himself as in the case of life or personal insurance. In property and liability insurance, the element of certainty does not exist. Accidents cannot be predicted, the insured will only be able to financially recover the present worth of the property insured as evaluated at the time of the accident and to the extent of the damage arising from the event insured against, which in most cases will be lower than the full value of the property.

  12. Present status and prospects of the compensation system for nuclear damage in China

    International Nuclear Information System (INIS)

    Zhou, Z.; Liu, C.

    1993-01-01

    In handling liability for nuclear damage matters, China currently adheres to the rules stipulated in the administrative legal document regarding liability to third parties for nuclear damage enacted by the State Council, in which it is defined that the principles of absolute liability, limitation of liability and single competent court are applicable in China. The Chinese government shall enact state laws on liability for nuclear damage on the basis of the above-mentioned legal document and with active consideration of the function of the state in the compensation for nuclear damage

  13. Liability for damage caused by medical X-ray treatment

    International Nuclear Information System (INIS)

    1977-01-01

    A case of liability for damage caused by X-ray medical treatment was recently brought before the courts in Norway. Following a mistake by the physician handling the X-ray apparatus the plaintiff had received an overdose of radiation on her nose and a lengthy and expensive plastic surgery treatment had been required to repair the damage. The local court of Aalesund ruled in April 1975 that the physician concerned had committed a fault but could not be accused of gross negligence or gross fault in view of Norwegian case law on medical liability. Therefore the plaintiff obtained compensation for her medical expenses but was refused compensation for non-material damage (disfigurement and pretium doloris). (NEA) [fr

  14. Liability for oil spill damages: issues, methods, and examples

    International Nuclear Information System (INIS)

    Grigalunas, T.A.; Opaluch, J.J.; Diamantides, J.; Mazzotta, M.

    1998-01-01

    Liability is an important incentive-based instrument for preventing oil spills and provides a sustainable approach for restoring coastal resources injured by spills. However, the use of liability for environmental damages raises many challenges, including quantification of money measures of damages. In this article, case studies are used to illustrate the issues, methods, and challenges associated with assessing a range of damages, from those that can be measured relatively easily using market information to more 'esoteric', and much more difficult, cases involving non-market-valued losses. Also discussed are issues raised by the new national and international regulatory focus on restoration and by the simplified, compensatory formula used by some states. (author)

  15. Rules specific to nuclear incidence occurring in installations or during transport of nuclear substances

    International Nuclear Information System (INIS)

    Rocamora, P.

    1976-01-01

    International nuclear third party liability conventions deal in depth with the liability system governing the transport of nuclear substances. Without appropriate legislation, international transport would be likely to meet very serious legal difficulties. The rule of nuclear conventions apply the same system to transport as to nuclear installations and mainly enable a determination of the operator liable. They also allow the person responsible for transport to assume liability therefor in place of the operator who whould normally have been liable. These nuclear conventions do not affect application of international transport conventions and this provision has been the cause of serious difficulties regarding maritime transport. This resulted in the adoption in 1971 in Brussels of a convention relating to civil liability in the field of maritime carriage of nuclear material. The purpose of this convention is to establish in the field of maritime transport, the priority of the system of absolute, exclusive and limited liability in the nuclear conventions. (NEA) [fr

  16. 75 FR 16645 - Increase in the Primary Nuclear Liability Insurance Premium

    Science.gov (United States)

    2010-04-02

    ... Primary Nuclear Liability Insurance Premium AGENCY: Nuclear Regulatory Commission. ACTION: Final rule... impractical. The NRC is amending its regulations to increase the primary premium for liability insurance... protection requirements and indemnity agreements to increase the primary nuclear liability insurance layer...

  17. Liability and insurance of nuclear accident risk the swiss regulation in perspective

    International Nuclear Information System (INIS)

    Umbricht, R.; Zweifel, P.

    1998-01-01

    In this paper we argue that compulsory insurance of nuclear liability should be extended. Most countries have explicit limitations of operators' liability, which also lie at the heart of international conventions. Moreover, there are implicit limitations imposed by operators' inability to pay where unlimited and strict liability applies. These limitations result in static and dynamic inefficiencies because they allow nuclear plant operators to eschew the risk costs of a severe nuclear accident. Extension of compulsory insurance, however, will exacerbate problems of market failure in insurance: National insurance pools have monopolized the business and are expected to exercise market power. Furthermore, their capacity may fall short of required coverage. Bringing in capital market investors can alleviate these problems. Nuclear liability insurance data from Switzerland provides statistical evidence in support of our main points. (authors)

  18. Civil liberties and nuclear terrorism

    International Nuclear Information System (INIS)

    Goldberg, S.

    1987-01-01

    The importance of preventing nuclear terrorism is so great that it is easy to believe that the usual concern with civil liberties must take a back seat. But it is precisely when emergencies are invoked that the authors must not forget the importance of freedoms. Emergency powers are easily abused, and, even in the absence of abuse, mistakes can be made. It is hard to understand why they care about civil liberties if every suspect is guilty, every wiretap is necessary, and every search is justified. But sometimes suspects are innocent, wiretaps are used for political ends, and searches disrupt lives to no end. Civil liberties do not exist in a vacuum. If society is destroyed, civil liberties are likely to be destroyed as well. Virtually every legal doctrine this study addresses involves a recognition that individual rights must be balanced against valid social needs. The civil liberties focus on here fall under the general headings of freedom of speech and association, privacy, due process rights for suspects, and freedom from unreasonable searches and seizures. One essential point applied to all these areas: although a counterterrorist activity is legal, that does not mean the activity has no impact on civil liberties. It may be legal, for example, to have a massive federal police force that provides hundreds of guards for every shipment of plutonium. Even so, that procedure still raises civil liberties concerns, since many Americans would feel less free in a society of that type

  19. Towards a new international framework for nuclear safety: Developments from Fukushima to Vienna

    International Nuclear Information System (INIS)

    Durand-Poudret, Emma

    2015-01-01

    On 11 March 2011, the nuclear safety sector was deeply shaken by the accident at the Fukushima Daiichi nuclear power plant in Japan. Because of this accident, 25 years of established certainties in nuclear power plant operational safety that followed the Chernobyl disaster were once again called into question. The adequacy of the international safety instruments was naturally questioned as well. The global nuclear safety framework is primarily composed of the Convention on Nuclear Safety (CNS) and the safety standards of the International Atomic Energy Agency (IAEA). Should this accident have been an inducement for a comprehensive overhaul of the existing framework? The broader international community mobilised its resources in response to this event, reflecting the overriding importance of nuclear safety and the urgent need to learn lessons from the accident. A process of reviewing the effectiveness of the CNS thus began in April 2011 at the Fifth Review Meeting of the Contracting Parties to the Convention. In September 2011, the adoption of the IAEA Action Plan on Nuclear Safety encouraged the states parties to study mechanisms to enhance the effective implementation of the CNS and to consider proposals to amend the Convention. In August 2012, the Second Extraordinary Meeting of the Contracting Parties allowed certain states to table amendments, thus stimulating debate but also revealing the difficulty of obtaining the majority required for such an undertaking. In order to break the impasse, an effectiveness and transparency working group was set up with the ambitious task of reporting to the Sixth Review Meeting on 'a list of actions to strengthen the CNS and on proposals to amend, where necessary, the Convention'. Since the amendment approach appeared to be a valid solution, Switzerland took the opportunity of the Sixth Review Meeting to submit a new draft to that effect. The convening of a Diplomatic Conference under Article 32 of the CNS would then

  20. Inventory of nuclear liabilities - The Belgian perspective

    International Nuclear Information System (INIS)

    Minon, Jean-Paul

    2003-01-01

    Like all countries that use radioactive materials for producing electricity or for other peaceful purposes, Belgium is faced with an important challenge: the safe management of all these materials, in both the short and long term. Of course there is a price to pay for this management, which in accordance with the ethical principle of inter-generational fairness should be borne mainly by the current generations. However, it is possible that when the moment has come, the financial resources to cover the costs of decommissioning and remediation of these installations, prove to be insufficient or even completely non-existent: this then results in a nuclear liability. This kind of situation can have several causes, such as an underestimation of the actual costs by the operator or the owner of the nuclear installation or by the holder or the owner of the radioactive materials, negligence, transfer of ownership of the nuclear installation or the nuclear site without transfer of the corresponding provisions, a reduction in the operating time, a bankruptcy as well as ignorance. Because it wishes to avoid the occurrence of new nuclear liabilities, the Belgian legislator, by virtue of article 9 of the programme law of 12.12.97, charged ONDRAF/NIRAS, the Belgian Agency for Radioactive Waste and Enriched Fissile Materials, with collecting all the elements that are necessary in order to examine to which degree the decommissioning and remediation costs can be actually covered when the time comes. ONDRAF/NIRAS was specifically charged with ascertaining all facts of a technical and financial nature which should enable the minister responsible for energy to verify whether every operator or owner of a nuclear installation and every holder or owner of radioactive materials have provided in time for the requisite financial resources to cover the future costs of decommissioning and remediation. This evaluation of course also serves to enable the government to take the necessary

  1. Civil nuclear: which hazards?

    International Nuclear Information System (INIS)

    2011-01-01

    This document briefly indicates and describes the various hazards of exposure to radioactivity in relationship with the different stages of exploitation of nuclear energy: mining, exploitation, fuel reprocessing and waste management. It briefly presents and describes the scenarios associated with major risks in the exploitation phase: core fusion (description, possible origins, consequences in terms of possible releases), formation of hydrogen (chemical reaction, risk of explosion with releases, failure modes for the containment enclosure). It proposes a brief overview of consequences for mankind and for the environment due to irradiation and contamination. A brief assessment of major nuclear accidents is given, with an indication of their severity INES classification (Kyshtym, Three Mile Island, Chernobyl, Fukushima). It evokes incidents which occurred in France, and outlines the main challenges and stakes in terms of risk prevention, of plant control, of nuclear material and waste management, of public information, and of struggle against nuclear weapon proliferation. Actors and their roles are indicated: operator (EDF in France), control authority (ASN), actors in charge of waste management (ANDRA), research and information institutions (CEA, IRSN, CRIIRAD), international scientific bodies (UNSCEAR)

  2. Legal Liability of Civil Servants of Local Public Authorities in the Republic of Moldova

    Directory of Open Access Journals (Sweden)

    Natalia Saitarli

    2015-08-01

    Full Text Available In the working out of legal liability, there are a lot of published articles, collections and monographs nowadays which have got already some productive achievements. However, the notion of liability and its central problems have been controversial subjects for long years that create discussions and cause the necessity to elaborate some methodological questions. The legal liability is being determined as a duty “to be responsible“, “to account“. One of the results in the research is to determine that the legal liability has become the idea of “positive law responsibility“, under which we understand not the liability of the person who has committed an infringement of the law but vice versa a lawful behavior of the person who commits no law infringements. The goal of the given article is to regard the legal liability of civil servants of local public authorities in the Republic of Moldova because an efficient activity of the state (a good state government depends on the determination of concrete forms of the legal liability for the local public authorities.

  3. Nuclear Law Bulletin No. 94, Volume 2014/2

    International Nuclear Information System (INIS)

    2014-01-01

    The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides subscribers with authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include 'Facilitating the entry into force and implementation of the Amendment to the Convention on the Physical Protection of Nuclear Material: Observations, challenges and benefits'; 'The legal status of nuclear power in Germany'; 'Challenges facing the insurance industry since the modernisation of the international nuclear third party liability regime'; 'Draft Federal Act of the Russian Federation, 'The Civil Liability for Nuclear Damage and its Financial Security''. (authors)

  4. Nuclear Liability Act as amended (No 484/72)

    International Nuclear Information System (INIS)

    1972-01-01

    This Act which entered into force on 16th June 1972 adopted the essential principles laid down in the Paris Convention. These include in particular absolute liability of the operator, its limitation in amount and in time. (NEA) [fr

  5. Transposition into swiss law of the Paris convention and the Brussels supplementary convention, as amended

    International Nuclear Information System (INIS)

    Tami, R.; Daina, S.

    2004-01-01

    Apart from the considerable increase in the amounts of cover, two basic factors lie behind the Swiss government decision to propose shortly to parliament a draft revised L.R.C.N.(federal act on nuclear third party liability). These are, firstly, that the revised Paris/Brussels system still incorporates the principle of the limited liability of the operator of a nuclear installation but now contains a minimum liability amount (liability threshold) and no longer a maximum amount (liability ceiling), and secondly, that the States parties are allowed to provide in their national legislation for the unlimited liability of operators. One of the aims of ratifying the revised conventions is to enable most victims to obtain fair compensation on an egalitarian basis for damage caused by a nuclear incident, and also to join an international system for compensating nuclear damage based on solidarity between states, most of them nuclear. (N.C.)

  6. Nuclear operator liability amounts and financial security limits as of June 2011

    International Nuclear Information System (INIS)

    2011-06-01

    This table aims to gather information on the amounts available to compensate potential victims of a nuclear incident in countries and economies having nuclear power plants and/or having ratified at least one of the international conventions on nuclear third party liability. For each country listed in the table are indicated: the International Liability Convention (PC, BSC or VC, RVC and/or JP and/or CSC), the type of Installations / Activities, the Operator's Liability Amount (in National Currency or Special Drawing Rights (SDR) with USD/EUR Equivalent), the Financial Security Limit (in National Currency or Special Drawing Rights (SDR) with USD/EUR Equivalent), the Additional State Compensation if any, and the Additional Compensation (International Arrangements) if any

  7. Joint Protocol relating to the application of the Vienna Convention and the Paris Convention. Status list as of 30 September 2002. Signature, ratification, acceptance, approval or accession

    International Nuclear Information System (INIS)

    2002-01-01

    The document presents the status of signature, ratification, acceptance, approval or accession of the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention as of 30 September 2002. The Joint Protocol entered into force on 27 April 1992

  8. Joint protocol relating to the application of the Vienna Convention and the Paris Convention. Signature, ratification, acceptance, approval or accession. Status as of 31 December 1996

    International Nuclear Information System (INIS)

    1997-01-01

    The document presents the status of signature, ratification, acceptance, approval or accession of the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention as of 31 December 1996. The Joint Protocol entered into force on 27 April 1992

  9. Joint protocol relating to the application of the Vienna Convention and the Paris Convention. Status list as of 12 September 2000. Signature, ratification, acceptance, approval or accession

    International Nuclear Information System (INIS)

    2000-01-01

    The document presents the status of signature, ratification, acceptance, approval or accession of the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention as of 12 September 2000. The Joint Protocol entered into force on 27 April 1992

  10. Joint protocol relating to the application of the Vienna Convention and the Paris Convention. Signature, ratification, acceptance, approval or accession. Status as of 31 December 1996

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-02-28

    The document presents the status of signature, ratification, acceptance, approval or accession of the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention as of 31 December 1996. The Joint Protocol entered into force on 27 April 1992.

  11. Risks and nuclear insurance

    International Nuclear Information System (INIS)

    Debaets, M.; Springett, G.D.; Luotonen, K.; Virole, J.

    1988-01-01

    When analysing the nuclear insurance market, three elements must be taken into account: the nuclear operator's liability is regulated by national laws and/or international Conventions, such operators pay large premiums to insure their nuclear installations against property damage and finally, the nuclear insurance market is made up of pools and is mainly a monopoly. This report describes the different types of insurance coverage, the system governing nuclear third party liability under the Paris Convention and the Brussels Supplementary Convention and several national laws in that field. The last part of the report deals with liability and insurance aspects of international transport of nuclear materials [fr

  12. Nuclear power reactors: reactor safety and military and civil defence

    International Nuclear Information System (INIS)

    Hvinden, T.

    1976-01-01

    The formation of fission products and plutonium in reactors is briefly described, followed by a short general discussion of reactor safety. The interaction of reactor safety and radioactive release considerations with military and civil defence is thereafter discussed. Reactors and other nuclear plants are factors which must be taken into account in the defence of the district around the site, and as potential targets of both conventional and guerilla attacks and sabotage, requiring special defence. The radiological hazards arising from serious damage to a power reactor by conventional weapons are briefly discussed, and the benefits of underground siting evaluated. Finally the author discusses the significance of the IAEA safeguards work as a preventive factor. (JIW)

  13. Nuclear operator. Liability amounts and financial security limits

    International Nuclear Information System (INIS)

    2015-07-01

    This paper gives, for numerous countries involved (or would be involved) in nuclear activities, financial information on the liability amount imposed on the operator, the amounts provided from public funds beyond the Operator's Liability Amount, to be made available by the State in whose territory the nuclear installation of the liable operator is situated, and the public funds contributed jointly by all the States parties to the BSC or CSC according to a pre-determined formula

  14. 1988 changes to United States law regarding nuclear third party liability

    International Nuclear Information System (INIS)

    Cunningham, G.H.

    1989-09-01

    The Price-Anderson Amendments Act of 1988 has introduced sweeping changes into the nuclear third party liability regime in the United States. The basis principle that a single, assured source of funds for compensation of those injured by a nuclear incident, regardless of the party actually at fault, has been maintained. The amount of such funding has been increased tenfold, to more than $7 billion, with a commitment that even more will be made available by the Congress, if needed. The scope of compensable injury has been broadened to include precautionary evacuations. With respect to contractors carrying out the defense-related nuclear activities of the Government, the changes have been equally momentous. The ceiling on Government idemnification has risen to keep pace with the maximum amount of licensee liability. Provisions designed to provide greater incentive to adherence to all nuclear safety standards have been added, authorizing the imposition of substantial civil and criminal sanctions for violations

  15. Multilateral agreements

    International Nuclear Information System (INIS)

    Anon.

    2012-01-01

    I. Status of conventions in the field of nuclear energy as of December 2012: Non-proliferation and nuclear security (Treaty on the Non-Proliferation of Nuclear Weapons, Convention on the Physical Protection of Nuclear Material, Amendment to the Convention on the Physical Protection of Nuclear Material, International Convention for the Suppression of Acts of Nuclear Terrorism, Comprehensive Nuclear-Test-Ban Treaty); Nuclear safety and emergency response (Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, Convention on Early Notification of a Nuclear Accident, Convention on Nuclear Safety, Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management); Liability and compensation for nuclear damage (Paris Convention on Nuclear Third Party Liability, Brussels Supplementary Convention on Third Party Liability in the Field of Nuclear Energy, Protocol to Amend the Paris Convention on Nuclear Third Party Liability, Protocol to Amend the Brussels Convention Supplementary to the Paris Convention, Vienna Convention on Civil Liability for Nuclear Damage, Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage, Joint Protocol relating to the Application of the Vienna Convention and the Paris Convention, Convention on Supplementary Compensation for Nuclear Damage). II. Status of conventions in the field of environmental protection/assessment which affect nuclear energy use as of December 2012: Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention), Protocol on Strategic Environmental Assessment (Kiev Protocol), Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR). III. OECD member country participation in the nuclear energy treaties/conventions and in the

  16. Nuclear liability interest in population and environmental exposures from the nuclear fuel cycle

    International Nuclear Information System (INIS)

    Piccolo, R.G.

    1988-01-01

    The potential for costly nuclear liability claims is often a hidden dimension to the operation of a nuclear power plant. There are two predominant modes for this to occur: either from on-site exposures to plant workers and alleged bodily injury; or from the release of plant effluents to the environment and alleged property damage and bodily injury. ANI/MAELU recently received 2 multi-million dollar nuclear liability claims alleging environmental damage caused by the routine release of radioactive effluents from nuclear facilities. In both cases, the release of radionuclides appeared to be within appropriate regulations. Two important goals of the regulations are to monitor releases and to ensure that releases are within limits intended to protect the public. While, in fact radionuclide releases are normally within regulatory limits, this does not address the growing perception that radiation at any level is harmful. ANI/MAELU is concerned because this perception impacts the possibility of tort litigation. ANI/MAELU conducted a partial review of the nuclear industry environmental monitoring programs. One general conclusion of this effort is that the industry is adequately monitoring environmental releases, thereby protecting the public. They have also generally concluded that the industry is not well poised to protect itself from some of the consequences of potential liability claims alleging property damage or bodily injury from radiation released to the environment. ANI/MAELU Bulletin 86-1, Environmental Monitoring Programs was issued in February of 1986 addressing this concern. The Bulletin identifies five areas where improvements can be made in environmental monitoring programs to reduce the potential for litigation

  17. Nuclear liability in the course of transport - some insurance aspects

    International Nuclear Information System (INIS)

    Andersson, G.

    1993-01-01

    This presentation deals with some legal and practical problems in the transport liability field, problems the author has met over the years as an insurer of nuclear risks. The intention is not to give a presentation of the nuclear liability rules as such, which should be familiar to the reader, neither to give an overall survey of the insurance procedures as regards transport of nuclear substances. It will just point out a few questions that are typical for this kind of business and that might be of interest for those who in one way or another might be involved in the insurance of nuclear transports

  18. The Carrier's Liability for Damage Caused by Delay in International Air Transport

    Science.gov (United States)

    Lee, Kang Bin

    2003-01-01

    Delay in the air transport occurs when passengers, baggage or cargo do not arrive at their destination at the time indicated in the contract of carriage. The causes of delay in the carriage of passengers are booking errors or double booking, delayed departure of aircraft, incorrect information regarding the time of departure, failure to land at the scheduled destination and changes in flight schedule or addition of extra landing stops. Delay in the carriage of baggage or cargo may have different causes: no reservation, lack of space, failure to load the baggage or cargo at the right place, or to deliver the covering documents at the right place. The Montreal Convention of 1999 Article 19 provides that 'The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carder shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures'. The Montreal Convention Article 22 provides liability limits of the carrier in case of delay for passengers and their baggage and for cargo. In the carriage of persons, the liability of the carrier for each passenger is limited to 4,150 SDR. In the carriage of baggage, the liability of the carrier is limited to 1,000 SDR for each passenger unless a special declaration as to the value of the baggage has been made. In the carriage of cargo, the liability of the carrier is limited to 17 SDR per kilogram unless a special declaration as to the value of the cargo has been made. The Montreal Convention Article 19 has shortcomings: it is silent on the duration of the liability for carriage,andit does not make any distinction between persons and good. It does not give any indication concerning the circumstances to be taken into account in cases of delay, and about the length of delay. In conclusion, it is

  19. The Role of Environmental Civil Liability in Regulation of Marine Oil Pollution in Norway

    OpenAIRE

    Denissova, Ekaterina

    2008-01-01

    Awareness of domestic and international environmental issues has long been high in Norway. As far as marine oil pollution is concerned, Norway is exposed to coastal water pollution arising from such strategically important sectors as the petroleum industry and oil transportation. This paper is an attempt to make a positive economic analysis of environmental civil liability for marine oil pollution in these two sectors. In the theoretical part of this paper (section 2) the standard model o...

  20. Managing nuclear liabilities: 'hospital pass' or major opportunity?

    International Nuclear Information System (INIS)

    May, D.

    1995-01-01

    This paper sets out to start changing the perception that liabilities management is an unattractive part of the UK Nuclear Industry. The paper describes BNFL's successes and long term challenges in this area and concludes that liabilities management presents a major opportunity to:-Remove an Achilles heel of the industry; Create value for the companies concerned by successfully driving down costs; Sustain and exploit internationally a major UK competitive edge. (Author)

  1. General Principles Governing Liability

    International Nuclear Information System (INIS)

    Reyners, P.

    1998-01-01

    This paper contains a brief review of the basic principles which govern the special regime of liability and compensation for nuclear damage originating on nuclear installations, in particular the strict and exclusive liability of the nuclear operator, the provision of a financial security to cover this liability and the limits applicable both in amount and in time. The paper also reviews the most important international agreements currently in force which constitute the foundation of this special regime. (author)

  2. Civil Liability of Teachers for Injuries to Students, and Other Torts.

    Science.gov (United States)

    Brown, R. A.

    1986-01-01

    Addresses issues involving the tort liability of Australian teachers. Explores broad interpretations of negligence, such as giving students incorrect information or negligent advice resulting in some physical or economic damage to the student. Exhorts teachers to provide their charges with the best advice possible for their individual development.…

  3. Nuclear liability insurance: a resume of recent years

    International Nuclear Information System (INIS)

    Marrone, J.

    1975-01-01

    The nuclear liability-insurance pools have steadily increased nuclear liability insurance available to the nuclear industry to its present $125 million, which is more than double the $60 million first provided in 1957. The insurance pools also provide an additional $175 million of all-risk property insurance to protect against loss of property at a nuclear facility, for a total of $300 million. This amount of liability and property insurance available for nuclear risks exceeds the coverage the insurance industry has at risk anywhere on a single unit of risk, thus attesting to the confidence in nuclear safety. The extraordinary safety achieved and recorded by the loss experience of the nuclear pools is described. The insurance pools have proposed a change in the Price--Anderson Act which would provide substantial additional sums of nuclear liability insurance to protect the public and which is likely to be the subject of examination by Congress during 1975. The proposal, if implemented, will gradually increase the protection afforded to the public and virtually eliminate the role of government indemnity. (auth)

  4. International Co-operation in providing insurance cover for nuclear damage to third parties and for damage to nuclear installations

    International Nuclear Information System (INIS)

    Deprimoz, Jacques

    1983-01-01

    This article in three parts analyses cover for damage to third parties by fixed nuclear installations, cover for damage to third parties during transport of nuclear substances and finally, cover for damage to nuclear installations. Part I reviews the principles of nuclear third party liability and describes nuclear insurance pools, the coverage and contracts provided. Part II describes inter alia the role of pools in transport operations as well as the type of contracts available, while Part III discusses material damage, the pools' capacities and the vast sums involved in indemnifying such damage. (NEA) [fr

  5. Third party liability in the field of nuclear law an irish perspective

    International Nuclear Information System (INIS)

    O'Higgins, P.; McGrath, P.

    2002-01-01

    This paper will first set out in summary form the main provisions of the Paris Convention, the instrument under which issues of third party liability between the majority of NEA member states affected by any such incident would be resolved, and will then set out some of the perceived advantages and disadvantages which would result from an application of the provisions of the Convention to a non-nuclear state such as Ireland. This paper will then consider how Irish victims of a nuclear incident might re.cover compensation for loss and damage caused by such an incident. For reasons set out below, it is the view of the authors that Irish victims of such an incident could first bring their claim in Ireland or in France, that it is likely that Irish law would apply to any such claim and that any judgement, including any interlocutory judgement in such proceedings, could be enforced in the courts of any other European Union state, including France. (authors)

  6. Nuclear data for radiation damage assessment and related safety aspects

    International Nuclear Information System (INIS)

    Kocherov, N.P.

    1989-12-01

    The IAEA Advisory Group Meeting on Nuclear Data for Radiation Damage Assessment and Related Safety Aspects was held at the IAEA Headquarters in Vienna, 19-22 September 1989. This report contains the conclusions and recommendations of this meeting. The papers which the participants prepared for and presented at the meeting will be published as an IAEA Technical Document. (author)

  7. Accident prevention and security measures to prevent intentional harm and damage through nuclear energy

    International Nuclear Information System (INIS)

    Rauschning, D.

    1984-01-01

    The author explains the authorities' duty to provide for protection against intentional damage or physical harm through the use of nuclear energy. It belongs to the competence of the various authorities to define ways and means to afford protection, and to establish an appropriate network of provisions. There are provisions belonging to criminal law, those concerning liability and indemnity, and security regulations incorporated in the law on licensing and supervision. The author presents a detailed account of the law applicable and discusses the conflict of interests between governmental duties and intentions and the civil rights of the individual affected by the provisions. (HSCH) [de

  8. Declaration by the IAEA Ministerial Conference on Nuclear Safety in Vienna on 20 June 2011

    International Nuclear Information System (INIS)

    2011-01-01

    We, the Ministers of the Member States of the International Atomic Energy Agency (IAEA), gathered in Vienna in light of the serious consequences of the nuclear accident at the Fukushima Daiichi Nuclear Power Station caused by the Great East Japan Earthquake and Tsunami to direct, under the leading role of the IAEA, the process of learning and acting upon lessons to strengthen nuclear safety, emergency preparedness and radiation protection of people and the environment worldwide [es

  9. Declaration by the IAEA Ministerial Conference on Nuclear Safety in Vienna on 20 June 2011

    International Nuclear Information System (INIS)

    2011-01-01

    We, the Ministers of the Member States of the International Atomic Energy Agency (IAEA), gathered in Vienna in light of the serious consequences of the nuclear accident at the Fukushima Daiichi Nuclear Power Station caused by the Great East Japan Earthquake and Tsunami to direct, under the leading role of the IAEA, the process of learning and acting upon lessons to strengthen nuclear safety, emergency preparedness and radiation protection of people and the environment worldwide

  10. Declaration by the IAEA Ministerial Conference on Nuclear Safety in Vienna on 20 June 2011

    International Nuclear Information System (INIS)

    2011-01-01

    We, the Ministers of the Member States of the International Atomic Energy Agency (IAEA), gathered in Vienna in light of the serious consequences of the nuclear accident at the Fukushima Daiichi Nuclear Power Station caused by the Great East Japan Earthquake and Tsunami to direct, under the leading role of the IAEA, the process of learning and acting upon lessons to strengthen nuclear safety, emergency preparedness and radiation protection of people and the environment worldwide [fr

  11. Third national inventory of nuclear liabilities - main findings, lessons learned

    International Nuclear Information System (INIS)

    Cantarella, Jacques; Roger, Brigitte

    2013-01-01

    The safe management of a country's radioactive substances in both the short and the long term implies a cost to its present society and necessitates financial resources to cover these costs. Once they are needed, these financial resources may prove to be insufficient or even completely lacking, leading to a nuclear liability. By virtue of article 9 of the Belgian law of 12 December 1997, the Belgian Government wishes to avoid the occurrence of such nuclear liabilities. This law charges ONDRAF/NIRAS, the Belgian Agency for Radioactive Waste and Enriched Fissile Materials with the mission to draw up a register of the localisation and the state of all nuclear sites and all sites containing radioactive substances, to estimate the costs of their decommissioning and remediation, to evaluate the existence and adequacy of the provisions for financing these future or current operations and to update the resulting inventory of nuclear liabilities on a five-yearly basis. This paper outlines the methodology put in place by ONDRAF/NIRAS to accomplish this assignment and highlights some of the results of this third inventory. It then focuses on the main recommendations ONDRAF/NIRAS made to the Belgian Government on the field of avoiding potential nuclear liabilities. (authors)

  12. Accidents in the operation of nuclear power stations. Action for damages against foreign operators

    International Nuclear Information System (INIS)

    Willner, K.

    1986-01-01

    On the occasion of a lecture evening of the Leo Goodman Library in Munich questions of civil liability of foreign reactor operators in cases of nuclear accidents were discussed by participants of various universities. Special subjects were i.a. problems of civil procedural and insurance law, absolute liability according to sec. 25 Atomic Energy Act as well as questions of applicable law. (WG) [de

  13. Nuclear and conventional energy transformation

    International Nuclear Information System (INIS)

    Schikarski, W.

    1979-03-01

    Atmospheric pollution from fossil fuel- and nuclear power plants have been compared. SO 2 is the substance chosen from coal- and oil fuel power plants. Measured values for chemical pollution are at levels 10 times, and radioactive pollution near to nuclear power plants, 10.000 times, below that which would cause damage to health. (A.R.H.) [pt

  14. Notion and order of determining the losses under the Vienna convention of UNO 1980 (by the example of law of England

    Directory of Open Access Journals (Sweden)

    Aleksandr V. Padiryakov

    2015-12-01

    Full Text Available Objective to carry out a comprehensive analysis of the institution of losses under the Vienna Convention of 1980 and its implementation in comparison with the regulation of the institution of losses in the law of England. Methods universal dialectic method of cognition as well as general scientific and private research methods based on it. Results the article analyses legal regulation of the institution of losses under the Vienna Convention of 1980 and reviews the practice of its application by the courts of various states as well as presents a comparative legal analysis of the institution of losses under the Vienna Convention of 1980 and the law of England. Scientific novelty the article suggests practical recommendations on using the provisions of the Vienna Convention 1980 on losses and international practices in contracting. Practical significance the findings of this paper can be used in scientific legislative and law enforcement activities and in the educational process of higher education institutions. nbsp

  15. Changing relations between civil and military nuclear technology

    International Nuclear Information System (INIS)

    Walker, W.B.

    1999-01-01

    Nuclear energy has inhabited two distinct environments since its inception - the environments of nuclear deterrence and of electricity supply. The relationships between the technologies and institutions inhabiting these environments have been both intimate and troublesome. As both nuclear weapons and nuclear power rely upon the fission energy of uranium and plutonium, and as both generate harmful by-products, they are bound to have technologies, materials and liabilities in common. However, nuclear deterrence belongs in the realm of high politics, whilst electricity production is part of the commercial world rooted in civil society. Establishing a political, industrial and regulatory framework that allows nuclear activities to develop safely and acceptably in both domains has been a difficult and contentious task. In this paper I wish to make some observations about the relations between military and civil nuclear technology at the end of this century, and about their likely character in years ahead. My main contention is that developments in the military sector and in international security will remain influential, but that their consequences will be of a different kind than in the past. (orig.)

  16. Review of nuclear liability compensation systems applicable to reactors outside the United States

    International Nuclear Information System (INIS)

    McIntosh, C.

    1985-01-01

    The review, which summarizes the Paris Convention and the Brussels Supplementary Convention, as well as the laws of Canada, France, Federal Republic of Germany, Japan, Spain, Sweden, Switzerland, and the United Kingdom, notes that the Price-Anderson program has a number of common points with the laws of Western Europe. The points of similarly are the goal of ensuring simple and equitable compensation for victims without burdening the nuclear industry with an uneconomic load. Price-Anderson differs in the higher amounts fixed for nuclear operators' liability, although the limits are now closer together. The purpose of the comparisons is to help those concerned with US programs of third-party liability and indemnification with a broader perspective

  17. 3 July 1985: Convention signed in Brussels on 31 January 1963, supplementary to the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and Act approving the Protocols to amend the Paris Convention and the Brussels Supplementary Convention

    International Nuclear Information System (INIS)

    1985-01-01

    This Act refers to the Brussels Supplementary Convention approved by Belgium in 1966 and ratified on 20 August 1985 and approves ratification of the Protocols of 16 November 1982 to amend the Paris Convention and the Brussels Supplementary Convention respectively. The Protocols are reproduced in French, Dutch and German. (NEA) [fr

  18. Introduction to the French legislation dealing with nuclear financial liabilities

    International Nuclear Information System (INIS)

    Maocec, Ch.; Olivier, M.

    2008-01-01

    This paper aims at describing the new legal frame that has been set in France by law to face the issue of the financial liabilities of the nuclear industry, i.e. financing of the decommissioning and of the long term management of spent fuel and radioactive waste. An Act has been passed, dated 28 June 2006 (waste law), for a sustainable management of radioactive material and waste, which, in particular, implies new financial duties for nuclear operators. (authors)

  19. Nuclear liability legislation in Russia - current status and expected developments

    International Nuclear Information System (INIS)

    Karpov, A. E.; Borisov, D. G.

    2000-01-01

    Present report is provided by the experts of the Russian insurance business, a company member of the Russian Nuclear Pool, and not the experts of the Ministry of Atomic Energy of Russian Federation (RF Minatom). Considering the above, the following document will outline the current status of nuclear liability legislation and insurance in Russia from a viewpoint of the insurance companies and not RF Minatom. (author)

  20. Environmental liability guideline, the environmental damage law, execution and implementation deficiencies. A study on the structural execution suitability; Die Umwelthaftungsrichtlinie, das Umweltschadensgesetz, Vollzugs- und Implementationsdefizite. Eine Untersuchung zur strukturellen Vollzugseignung

    Energy Technology Data Exchange (ETDEWEB)

    Holz, Julia-Carolina

    2017-07-01

    Is there an effective liability for environmental damage? The sinking of the tanker ''Exxon Valdez'' has brought about an innovation in US environmental law. The dying of large areas of great forest and the Sandoz case have inspired thought in Germany. Who is responsible for the damages already incurred? How are damages to be replaced? Can environmental damage be quantified? For the replacement of damages, legal liability systems have been created, which are primarily of civil law, the compensation of damages between two private parties. In Germany there is a public liability system, which places the party ''generality'' against the operator of plants as an opponent and demands compensation, restoration of natural species and habitats, water bodies and soils. In 2004, the Directive on environmental liability with regard to the prevention and remedying of environmental damage (the Environmental Liability Directive or UHRL), was adopted. In Germany, the appropriate implementation took place in 2007 with the Environmental Damages Act (USchadG). A comparison with US environmental legislation and an overview of the implementation of the Environmental Liability Directive in the Member States completes the study. Julia-Carolina Holz gives a detailed look at the fundamentals and research status of enforcement deficits and examines the enforcement of the Environmental Liability Directive as well as the Environmental Damages Act.

  1. The Civil Liability of Accountants: a study focusing the new Brazilian civil code of 2002 from the perspective of professional ethics

    Directory of Open Access Journals (Sweden)

    Ketlyn da Silva Pasquali

    2016-09-01

    Full Text Available One of the trends in the development of accountancy is the alignment of accounting principles, ethics and civil liability. In this context, this study analyzes the perception of accountants with respect to professional ethics and liability in view of the new Brazilian civil code adopted in 2002. To examine professional ethics, we investigated the perception of accountants as to civil liability, the hypotheses of incidence, and preventive measures for protecting rights and interests in light of the new civil code, using a descriptive and quantitative approach.  Data was collected by means of a questionnaire applied to a sample of 52 accountants belonging to the Accountants Union of Cascavel and Region.  Comparisons were made of the responses using graphical analysis and consensus analysis.  On the basis of the results obtained, we can conclude that the accountants  attribute importance to the use of ethics in their professional practice and that there is very strong consensus on the obligation to carry out the accounting profession zealously and with technical expertise. With regard to the degree of knowledge concerning civil responsibility and liability in the execution of their activities, we observed that these professionals know the penalties for malicious and intentional unethical acts in the exercise of the profession. Future research could explore self-assessment for further investigation with the purpose of developing a sense of individual responsibility and critical spirit.

  2. Convention on Nuclear Safety. Second National Report, October 2001

    International Nuclear Information System (INIS)

    2001-01-01

    The present document is the second Spanish national report prepared in order to comply with the obligations deriving from the convention on Nuclear Safety, made in Vienna on 20th September 1994. This convention was signed by Spain on 15th October 1994 and ratified by way of an instrument issued by the Ministry of Foreign Affairs, signed by H. M. the King on 19th June 1995. The convention, which entered into force on 24th October 1996, following ratification by a minimum number of countries, as set out in articles 20, 21 and 22 includes 51 countries and Euratom, in addition to Spain. The first review meeting, organised in accordance with chapter 3 of the Convention, was held in vienna in April 1999. Spain was represented by the CSN, the State organisation solely responsible for nuclear safety, both for the drawing up of the national report and for participation in the meeting held between the parties. In accordance with article 21, the second review meeting has been scheduled for April 2002, also in Vienna. At the review meeting, the countries party to the Convention review the national reports required by article 5, Spain submitted its first national report in September 1998. The present document is an update of that first report, and is to be submitted by 15th October 2001, as agreed on during the first review meeting. This report will be reviewed by the interested countries, which will forward their comments and questions. In April 2002, the Spanish report and the questions received will be subjected to the review process contemplated by the convention, along with the reports submitted by the other countries

  3. Brazilian nuclear legislation. Revision n.1/2002; Legislacao nuclear brasileira. Revisao n. 1/2002

    Energy Technology Data Exchange (ETDEWEB)

    Matos, Gilberto Cardoso de

    2002-07-01

    This work intends to facilitate the access to the Brazilian nuclear legislation and other legal instruments, foreseeing the use of nuclear energy and ionizing radiation in health, work and environment areas up to 2002. Legislation on the civil liability of nuclear damage, the law of licensing taxes, controlling and inspection are also included.

  4. IAEA Director General welcomes landmark convention to combat nuclear terrorism

    International Nuclear Information System (INIS)

    2005-01-01

    Full text: IAEA Director General Mohamed ElBaradei welcomed the adoption of an International convention against nuclear terrorism. 'This is a landmark achievement which will bolster global efforts to combat nuclear terrorism,' Dr. ElBaradei said. 'It will be a key part of international efforts to prevent terrorists from gaining access to nuclear weapons'. The United Nations General Assembly adopted the convention, The International Convention for the Suppression of Acts of Nuclear Terrorism, on 13 April 2005. The Convention strengthens the global legal framework to counter terrorist threats. Based on a proposal by the Russian Federation in 1998, the Convention focuses on criminal offences related to nuclear terrorism and covers a broad range of possible targets, including nuclear reactors as well as nuclear material and radioactive substances. Under its provisions, alleged offenders - for example any individual or group that unlawfully and intentionally possesses or uses radioactive material with the intent to cause harm - must be either extradited or prosecuted. States are also encouraged to cooperate with each other in connection with criminal investigations and extradition proceedings. The Convention further requires that any seized nuclear or radiological material be held in accordance with IAEA safeguards, and handled in keeping with the IAEA's health, safety and physical protection standards. Dr. ElBaradei also recalled that the Agency is in the process of amending the Convention on the Physical Protection of Nuclear Material, in order to broaden its scope, and in so doing, strengthen the current legal framework for securing nuclear material against illicit uses. A conference will be held from 4 to 8 July in Vienna to consider and adopt the amendments. The Convention opens for signature in September this year. Dr ElBaradei urged all States to 'sign and ratify the Convention without delay so nuclear terrorism will have no chance'. (IAEA)

  5. Carrier’s liability under the international conventions for the carriage of goods by sea

    Directory of Open Access Journals (Sweden)

    Anežka GROBARČÍKOVÁ

    2014-09-01

    Full Text Available As is well known, there is no international convention for the carriage of goods in general. Each mode of transport counts on one or several international conventions that specifically regulate the provision of international transport by sea, rail, road or air. Thus, multimodal freight transport are characterised by a patchwork of different legal regimes that represents a huge challenge for the growth of multimodal transport industry. The paper aims to analyse the latest, but still not in force Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (the Rotterdam rules that should provide global solution for multimodal carrier liability. Comparison of the carrier’s liability in the former conventions relating to the international carriage of goods by sea and other rules are also discussed.

  6. Civil design aspects for nuclear fuel cycle facilities

    International Nuclear Information System (INIS)

    Bhalerao, Sandip; Subramanyam, P.; Sharma, Sudin; Bhargava, Kapilesh; Agarwal, Kailash; Rao, D.A.S.; Roy, Amitava; Basu, S.

    2015-01-01

    The civil design requirements of safety related nuclear structures are much more stringent and conservative as compared to that for conventional and industrial structures. Due to the importance of safety and desired reliability in the civil design of nuclear structures, International Atomic Energy Agency (IAEA) and Atomic Energy Regulatory Board (AERB) have provided various safety guides for their safe design. There has been advancement in theoretical and experimental knowledge pertaining to the design, construction, installation, maintenance, testing and inspection of structures, systems, and components (SSCs) of nuclear power plants (NPPs), such that, their quality and reliability is commensurate with safety functions. The well established procedures are available in the form of different codes, standards, guidelines and well proven research work for NPPs. However, such procedures are somewhat limited in nature for design of civil structures in nuclear fuel cycle facilities (NFCF), and till date no separate codes or standards have been published by regulatory authorities in India that cover civil design aspects for NFCF. Hence, design of civil structures of NFCF in India is performed by using different national and international standards, and the recommendations provided by BARC Safety Council (BSC). Present paper focuses civil design aspects for NFCF in India. (author)

  7. Headquarters Vienna

    International Nuclear Information System (INIS)

    1985-01-01

    This film presents the IAEA safeguards system showing six inspectors at their work in the nuclear power plants Kozloduy (Bulgaria), Mihama (Japan) as well as in the reprocessing plant La Hague (France). The results of inspections are checked at the IAEA Headquarters in Vienna. The film shows all modern techniques applied in the IAEA safeguards system

  8. Headquarters Vienna

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1986-12-31

    This film presents the IAEA safeguards system showing six inspectors at their work in the nuclear power plants Kozloduy (Bulgaria), Mihama (Japan) as well as in the reprocessing plant La Hague (France). The results of inspections are checked at the IAEA Headquarters in Vienna. The film shows all modern techniques applied in the IAEA safeguards system

  9. Convention on the Physical Protection of Nuclear Material

    International Nuclear Information System (INIS)

    1980-01-01

    The convention on the Physical Protection of Nuclear Material is composed of the text of 23 articles, annex 1 showing the levels of physical protection and annex 2 which is the categorization list of nuclear material. The text consists of definitions (article 1), the scope of applications (2), liability of protecting nuclear material during international transport (3 and 4), duty of mutual cooperation (5 and 6), responsibility for criminal punishment (7 to 13), and final provisions (14 to 23). It is to be noted that the nuclear material for military purposes and domestic nuclear facilities are excluded in the connection. After the brief description of the course leading to the establishment of the convention, individual articles and annexes and the respective Japanese version, and the explanation based on the intergovernmental meeting discussion on the draft convention are described. (J.P.N.)

  10. Insurer risk control and nuclear liability

    Energy Technology Data Exchange (ETDEWEB)

    DeMerchant, C. [Nuclear Insurance Association of Canada, Toronto, ON (Canada)

    2015-07-01

    We specialize in high quality insurance risk management, underwriting and inspections for Canadian nuclear exposures. We provide true risk transfer, secure insurance capacity and collaborate with the world's nuclear experts to create innovative domestic solutions for our clients and members. The benefit of our experience works for all stake holders: insured clients, members, multi-level government agencies and all Canadians. NIAC has a 55-year history of partnering with insurers around the globe to create reliable risk management for the nuclear industry. We offer Canadian risk solutions, thought leadership and expertise that provides security and confidence to our customers and members. NIAC leads in the areas of nuclear insurance law, good governance and claims administration to create a true Centre of Excellence.

  11. Insurer risk control and nuclear liability

    International Nuclear Information System (INIS)

    DeMerchant, C.

    2015-01-01

    We specialize in high quality insurance risk management, underwriting and inspections for Canadian nuclear exposures. We provide true risk transfer, secure insurance capacity and collaborate with the world's nuclear experts to create innovative domestic solutions for our clients and members. The benefit of our experience works for all stake holders: insured clients, members, multi-level government agencies and all Canadians. NIAC has a 55-year history of partnering with insurers around the globe to create reliable risk management for the nuclear industry. We offer Canadian risk solutions, thought leadership and expertise that provides security and confidence to our customers and members. NIAC leads in the areas of nuclear insurance law, good governance and claims administration to create a true Centre of Excellence.

  12. Brazilian nuclear legislation. Revision n.1/2002

    International Nuclear Information System (INIS)

    Matos, Gilberto Cardoso de

    2002-01-01

    This work intends to facilitate the access to the Brazilian nuclear legislation and other legal instruments, foreseeing the use of nuclear energy and ionizing radiation in health, work and environment areas up to 2002. Legislation on the civil liability of nuclear damage, the law of licensing taxes, controlling and inspection are also included

  13. Responsabilidade civil do cirurgião-dentista: a importância do assistente técnico Surgeon dentist's civil liability: the technical assistant's importance

    Directory of Open Access Journals (Sweden)

    Ricardo Henrique Alves da Silva

    2009-12-01

    Full Text Available INTRODUÇÃO: a responsabilidade do cirurgião-dentista pode ser entendida como obrigações de ordem penal, civil, ética e administrativa, às quais está sujeito no exercício de sua atividade. Assim, se comprovado um resultado lesivo ao paciente - por imprudência, imperícia ou negligência -, o cirurgião-dentista estará sujeito às penalidades previstas no Código Civil, sendo obrigado a satisfazer o dano e indenizar segundo a consequência provocada. Em processos cíveis, as partes poderão contratar um assistente técnico para fornecer, aos respectivos advogados, conhecimentos técnicos e científicos inerentes ao tema. OBJETIVO: informar sobre a importância da atuação de assistentes técnicos em processos cíveis, propiciando às partes uma maior compreensão dos aspectos técnicos, éticos e legais. CONCLUSÃO: há a necessidade de um maior conhecimento, por parte dos profissionais em Odontologia, sobre os aspectos éticos e legais que norteiam a profissão.INTRODUCTION: The dentist's liability can be understood as the criminal, civil, ethical and administrative obligation that they have in their professional exercise. Thus, when producing a harmful result to the patient, due to imprudence, ineptitude or recklessness, the dentists will be liable to the foreseen penalties on the Civil Code, where the compensation will be obligatory to satisfy the damage according to the reached consequence. In these types of processes, the involved parts will be able to contract a technical assistant to supply the respective lawyers about biological, technician and professional knowledge. AIM: This paper aim to report about the technical assistant's importance, in the performance of each one of the involved parts in a civil process. CONCLUSION: It is necessary a major knowledge, by dentists, about legal and ethical aspects in the professional activity.

  14. A study on international nuclear organizations and conventions for the globalization of Korean nuclear community

    Energy Technology Data Exchange (ETDEWEB)

    Lee, Kwang Seok; Oh, Keun Bae; Lee, Byung Wook; Cho, Il Hoon; Lee, Jae Sung; Choi, Young Rok; Ko, Han Seok; Ham, Chul Hoon; Lee, Byung Woon [Korea Atomic Energy Research Institute, Taejon (Korea, Republic of)

    1995-12-01

    The objective of this study is to analyze the current status of international nuclear organizations and conventions in systems perspective and suggest national strategies for utilizing them for the globalization of Korean nuclear community. This study analyzes the current status of international nuclear organizations such as IAEA(International Atomic Energy Agency) and international nuclear conventions related to nuclear accidents, nuclear liability, physical protection or nuclear safety. Based on the analysis, this study suggests national strategies, in general and specific terms, to utilize international nuclear organizations and conventions for the globalization of Korean nuclear community. Separately from this report this study publishes `IAEA Handbook`, which contains all about IAEA such as statute, membership, organizational structure, main activities, finance and budget, etc.. 9 tabs., 2 figs., 35 refs. (Author).

  15. A study on international nuclear organizations and conventions for the globalization of Korean nuclear community

    International Nuclear Information System (INIS)

    Lee, Kwang Seok; Oh, Keun Bae; Lee, Byung Wook; Cho, Il Hoon; Lee, Jae Sung; Choi, Young Rok; Ko, Han Seok; Ham, Chul Hoon; Lee, Byung Woon

    1995-12-01

    The objective of this study is to analyze the current status of international nuclear organizations and conventions in systems perspective and suggest national strategies for utilizing them for the globalization of Korean nuclear community. This study analyzes the current status of international nuclear organizations such as IAEA(International Atomic Energy Agency) and international nuclear conventions related to nuclear accidents, nuclear liability, physical protection or nuclear safety. Based on the analysis, this study suggests national strategies, in general and specific terms, to utilize international nuclear organizations and conventions for the globalization of Korean nuclear community. Separately from this report this study publishes 'IAEA Handbook', which contains all about IAEA such as statute, membership, organizational structure, main activities, finance and budget, etc.. 9 tabs., 2 figs., 35 refs. (Author)

  16. Liabilities in E and P contracts; Responsabilidade civil na prestacao de servicos nos contratos de E e P

    Energy Technology Data Exchange (ETDEWEB)

    Gondinho, Andre Osorio [Escritorio Doria, Jacobina, Rosado e Gondinho Advogados Associados, Rio de Janeiro, RJ (Brazil)

    2008-07-01

    The purpose of this article is to debate legal controversies and propose solutions to issues related to the civil liability (contractual and extra-contractual) in the rendering of services in Exploration and Production (E and P) contracts, aiming at minimizing risks and reducing excessive costs for the concessionaires and service providers in the Brazilian Oil and Gas Industry. (author)

  17. The Brussels Nuclear Ship Convention and its impact on the German Atomic Energy Act

    International Nuclear Information System (INIS)

    Bernaerts, A.

    1976-01-01

    Although the Brussels Nuclear Ship Liability Convention of 1962, whose incorporation into German law was agreed upon by the German Federal Parliament (the Bundestag) in 1975, will have only minor international significance once it has entered into force, it will yet provide a new legal basis for the nuclear liability of the German vessel N.S. 'Otto Hahn' for the periods of her stay within the Federal Republic of Germany. However, there is no smooth concurrence of the Brussels Convention and the German Atomic Energy Act adapted to the Paris Liability Convention in 1975. This means that a number of questions still need to be resolved with respect to the protection of victims and the liability of shipowners. (orig.) [de

  18. The Marija Šarapova Case (related to the Croatian legal framework on damages liability

    Directory of Open Access Journals (Sweden)

    Blanka Kačer

    2018-01-01

    Full Text Available Here an attempt is made to find a legal solution to a principle problem together with analysis of a concrete example. There is confrontation between two indisputable but partially mutually exclusive rights. On the one hand, freedom of speech privately and /or publicly and this opinion need not be at all positive, and on the other hand there is every individual’s right to be free of any insult both private and public including expressing one’s own opinion which offends another. It is necessary to establish the limit of illegality. This depends on which right takes precedence. This involves an actual event in which various female tennis players publicly protested, and in this way put pressure on tournament organizers against inviting to the tournament a female tennis player who had just finished “serving” her punishment of a 15 month ban on playing at tournaments. This punishment was the result of her being caught under inspection of her as an athlete and whether she had consumed some substances from the list of forbidden substances. After thorough analysis, it was concluded that a mild display of opinion was involved which did not in any way offend another’s honour nor threaten or damage another’s personality rights. However, if this were exaggerated, then the limit has been violated– a line has been crossed which divides illegal from legal behaviour. In this second case, if other legal conditions are met, there is a case for damages lability. In the first instance, because cumulative fulfilment of all conditions is necessary, no civil damages liability exists.

  19. Nuclear liability insurance in the United States: an insurer's perspective

    International Nuclear Information System (INIS)

    Quattrocchi, J.

    2000-01-01

    By the mid-1950's the United States recognised that it was in the interest to promote commercial development of nuclear energy. But the uncertainties of the technology and the potential for severe accidents were clear obstacles to commercial development. Exposure to potentially serious uninsured liability inhibited the private sector. These impediments led Congress to enact the Price-Anderson Act in 1957. The Act had several purposes: the first was to encourage private development of nuclear power; the second was to establish a legal framework for handling potential liability claims; and the third was to provide a ready source of funds to compensate injured victims of a nuclear accident. Insurers chose the pooling technique by creating in the US the American Nuclear Insurers. ANI acts as a managing agent for its members insurance companies. The accident of three Miles Island occurred on 28 March 1979 and with came the claims experience in US. The 1988 amendments to the Price-Anderson Act directed the President to establish a Commission for the purpose of developing a means to assure full compensation of victims of a catastrophic nuclear accident that exceeds the limitation on aggregate public liability, or currently just over US$ 9.7 billion. The Presidential Commission issued its report in August 1990, in which it reached a number of conclusions and offered a number of recommendations.The US Congress has not acted on the Commission's report, but may revisit its recommendations as debate begins this year (1999) or next on the renewal of the Price-Anderson Act. (N.C.)

  20. The liability of the radiopharmacist and the nuclear physician in the use of radiopharmaceuticals

    International Nuclear Information System (INIS)

    Coustou, F.

    1986-01-01

    A brief article examines the traditional aspects of the physician's and pharmacist's liability in general followed by a discussion on the liability of the nuclear physician and the radiopharmacist in the use of radiopharmaceuticals. It is concluded that the liabilities involved in the use of radiopharmaceuticals go well beyond the scope of traditional medicine and pharmacy. (UK)

  1. IAEA advisory group meeting on nuclear structure and decay data. IAEA, Vienna 21-25 April 1980

    International Nuclear Information System (INIS)

    Lorenz, A.

    1980-10-01

    The IAEA Nuclear Data Section convened the fourth meeting of the international nuclear structure and decay data network at IAEA Headquarters in Vienna, Austria, from 21-25 April 1980. The meeting was attended by 23 Scientists from 11 Member States and 2 international organizations, concerned with the compilation, evaluation, and dissemination of nuclear structure and decay data. (author)

  2. Civil engineering challenge with nuclear waste

    International Nuclear Information System (INIS)

    Day, D.

    1985-01-01

    The civil engineer can help to solve the problems in disposing of nuclear waste in a deep geologic formation. The site for a nuclear waste repository must be carefully selected so that the geology provides the natural barrier between the waste and the accessible environment specified by the NRC and the EPA. This engineer is familiar with the needed structure and conditions of the host and surrounding rocks, and also the hydraulic mechanisms for limiting the migration of water in the rocks. To dispose of the nuclear waste underground requires stable and long-lasting shafts and tunnels such as civil engineers have designed and constructed for many other uses. The planning, design and construction of the ground surface facilities for a nuclear waste repository involves civil engineering in many ways. The transporation of heavy, metal shielded casks requires special attention to the system of highways and railroads accessing the repository. Structures for handling the shipping casks and transferring the waste onsite and into the deep geologic formation need special considerations. The structures must provide the NRC required containment, including hot cells for remote handling. Therefore, structural design strives for buildings, ventilation structures, shaft headframes, etc., to be earthquake and tornado-proof. These important design bases and considerations for the civil engineer working on a nuclear waste repository are discussed in this paper

  3. The liability according to paragraph 26 of the German Atomic Energy Act. A wallflower?; Die Haftung nach paragraph 26 AtG. Ein Mauerbluemchen?

    Energy Technology Data Exchange (ETDEWEB)

    Raetzke, Christian [CONLAR Consulting on Nuclear Law and Regulation, Leipzig (Germany)

    2018-02-15

    According to German law, liability for damage caused by radioactivity can arise from several regulations. In most cases, liability under the Paris Convention on Third Party Liability in the Field of Nuclear Energy, which applies in the field of nuclear power, is at the forefront of discussion. According to paragraph 26 of the German Atomic Energy Act, liability is somewhat in the shadow of the Paris Convention. It applies to the handling of radioactivity in medicine, research and industry (e.g. for test emitters) as well as activities involving natural and depleted uranium and nuclear fusion. The article outlines the basic elements of liability under Section 26 of the German Atomic Energy Act, which may become increasingly important in future due to recent developments such as the phasing out of nuclear power in Germany.

  4. A radical approach to decommissioning and nuclear liabilities management

    International Nuclear Information System (INIS)

    Pooley, D.

    1996-01-01

    UKAEA Government Division has been set up primarily to manage and eventually eliminate the nuclear liabilities left from the many national nuclear programmes in which UKAEA has been involved. It is no longer primarily a nuclear plant or decommissioning operator but has developed a radical approach to decommissioning. It targets best value for money, alongside meeting safety and environmental requirements, by major use of contractors for its work, including using them as managing agents for big projects. In its first year of operation it made considerable progress in setting out the mission, goals, performance measures and operational principles for such an organization, as well as in reducing costs on a wide front from those expected, in increasing competition for future projects, and in keeping individual projects under good control. It also made major physical progress with specific decommissioning projects. For the future it has established a programme of continuous performance improvement which will bring further benefits and provide a benchmark for all organizations in the business of liabilities management. (author)

  5. A radical approach to decommissioning and nuclear liabilities management

    International Nuclear Information System (INIS)

    Pooley, D.

    1995-01-01

    UKAEA Government Division has been set up primarily to manage and eventually eliminate the nuclear liabilities left from the many national nuclear programmes in which UKAEA has been involved. It is no longer primarily a nuclear plant or decommissioning operator but has developed a radical approach to decommissioning. It targets best value for money, alongside meeting safety and environmental requirements, by major use of contractors for its work, including as managing agents for big projects. In its first year of operation it made considerable progress in setting out the mission, goals, performance measures and operational principles for such an organisation, as well as reducing costs on a wide front from those expected in increasing competition for future projects, and in keeping individual projects under good control. It also made major physical progress with specific decommissioning projects. For the future it has established a programme of continuous performance improvement which will bring further benefits and provide a benchmark for all organisations in the business of liabilities management. (author)

  6. Civil nuclear energy and the proliferation of nuclear weapons

    International Nuclear Information System (INIS)

    1990-04-01

    The issue of whether civil nuclear programmes contribute to the risk of proliferation of nuclear weapons has been discussed since civil programmes were first considered, and has always complicated public attitudes to civil nuclear energy. This paper seeks to define the extent to which there is such ''linkage''. It does not deal with the linkages that exist between nuclear weapons and other industries and activities - for example, those involved in weapons delivery systems -since these are not within the Uranium Institute's area of competence. Linkage concerns regarding civil nuclear programmes arise primarily over the possibility of their being used to produce highly enriched uranium or plutonium for use in weapons. The technologies which can give rise directly to these materials are therefore ''sensitive'' in proliferation terms. Linkage may also arise through the relevant experience of the trained workforce. Such linkage is, however, limited by institutional, technical and economic factors. First, important institutional constraints on using a civil programme for military purposes exist in the form of a network of bilateral agreements and international treaties - most particularly the Nuclear Non-Proliferation Treaty - and the international safeguards inspections. Secondly, without access to the technologies of enrichment or reprocessing, the fissile material needed for an explosive cannot be obtained from any plant or process used to produce electricity. Finally, establishing a civil programme - with equipment whose design is optimized for electricity production - in order to develop weapons is an expensive route compared to specialized facilities. (author)

  7. Infrastructure development through civil nuclear cooperation

    International Nuclear Information System (INIS)

    Humphrey, A.M.; Burkart, A.R.

    2010-01-01

    Due to growing concerns over electricity demand, energy security, and climate change, numerous countries are considering the construction of new nuclear power plants. Most of these will be built in nations with existing nuclear power programs, but an increasing number of States have expressed serious interest in developing new nuclear power programs. These countries will be faced with many challenges in establishing the robust infrastructures necessary for the safe, secure, and safeguarded deployment of nuclear power. Fortunately, there is much a State can gain through cooperation with other States with more developed programs. By sharing information on previous experience and established best practices, an emerging nuclear energy State can benefit from the lessons learned by its partners. Through a broad range of civil nuclear cooperation, the United States is helping new entrants develop the sound infrastructure necessary to deploy nuclear power plants with the highest standards of safety, security, and nonproliferation

  8. Civil engineering firms and the nuclear programme

    International Nuclear Information System (INIS)

    Giral, J.L.

    1988-01-01

    Pointing out that the realization of the electronuclear programme accounted for just under 5 % of the annual turnover of civil engineering firms from 1975 to 1987, the author lists the main types of work entrusted to these firms for the bulding of the power stations: electrical work, structural work (civil engineering, metal structures. He then describes the two main problems which the profession has to face in the nuclear field: the management of final contract stages and adaptation to the slowing down in the rate of commitment of power plants [fr

  9. Application of a value-based equivalency method to assess environmental damage compensation under the European Environmental Liability Directive

    NARCIS (Netherlands)

    Martin-Ortega, J.; Brouwer, R.; Aiking, H.

    2011-01-01

    The Environmental Liability Directive (ELD) establishes a framework of liability based on the 'polluter-pays' principle to prevent and remedy environmental damage. The ELD requires the testing of appropriate equivalency methods to assess the scale of compensatory measures needed to offset damage.

  10. Nuclear Liability Act. RS, c.29 (1st supp.), s.1

    International Nuclear Information System (INIS)

    1985-01-01

    The Revised Statutes of Canada 1985 which entered into force on 12 December 1988 revoked the Nuclear Liability Act of 1970, replacing it with a new version. The new Act (Chapter N-28 of the Revised Statutes) updates the previous text and makes some linguistic corrections. The principles of the Act of 1970 remain unchanged, namely absolute liability of the nuclear operator, such liability being limited in amount and in time [fr

  11. Liability of land transportation of fuels from the perspective of Brazilian legal system; Responsabilidade civil dos transportadores terrestres de combustiveis a luz do ordenamento juridico brasileiro

    Energy Technology Data Exchange (ETDEWEB)

    Azevedo, Gabrielle Trindade Moreira de; Soares, Pedro Lucas de Moura [Agencia Nacional do Petroleo, Gas Natural e Biocombustiveis (ANP), Brasilia, DF (Brazil). Programa de Recursos Humanos em Direito do Petroleo, Gas Natural e Biocombustiveis

    2010-01-15

    The article explains about the assumptions of liability - injury, illicit act and the causation between them - and the strands that give ground, namely the subjective and objective liability. Finally, we examine the legal framework on land transportation of fuels, applying to it device relating to civil liability, determining the ways to responsibility the transportation company, in each of the modality of land transportation, which are the road, railway and by using pipes.

  12. Nuclear liability and the Price--Anderson Act

    International Nuclear Information System (INIS)

    Wilson, R.

    1977-01-01

    The Price-Anderson Act is viewed as meeting public needs in a unique and responsible way, reflecting the far-sightedness of those involved in the early development of nuclear power who saw the importance of building safety into each step of the program. An extension of the Act is advised as a first step in recognizing that many potential and real disasters (e.g., dam breaks, floods, etc.) are man-made rather than ''Acts of God''. Rather than abolish the Price-Anderson Act because it is unique, the case is made for extending it to cover these other situations. Provisions of the Act are examined in terms of the role of negligence in nuclear accidents, and the conclusion is reached that public concern for reactor safety should not be affected. Limited assets on the part of insurers and insurance pools have made government involvement important but not a real subsidy because of high premiums. Premiums in the new amendment are paid retroactively when there is an accident, which relieves the problem of anticipating what premiums may be needed in the future. This limits government liability and, combined with the waiver of defenses against liability, offers better protection for the public. Recommendations for allowing tort law to operate above the $560 million Price-Anderson limits are criticized, and a counter proposal is made for reassessing the figure at an appropriate limit and extending insurance to competitive industries

  13. Choosing between CISG and CESL: a comparison between the Common European Sales Law and the Vienna Sales Convention from the perspective of commercial parties

    NARCIS (Netherlands)

    Loos, M.B.M.; Jurčová, M.; Štefanko, J.

    2013-01-01

    If the Common European Sales Law (CESL) is adopted, commercial parties will have the opportunity to choose between this instrument and the Vienna Sales Convention (CISG) to regulate their cross-border commercial sales contracts. In this paper, a comparison is made between the two international legal

  14. Bulgarian energy legislation. Status quo and problems

    International Nuclear Information System (INIS)

    Denchev, P.

    1996-01-01

    The author gives a general survey of the present situation and the development tendencies in the Bulgarian nuclear legislation. The latest amendments of the Atomic Energy Act passed by the Bulgarian Parliament are discussed. Special attention is paid to the ratification of the following four groups of international documents: 1) The Convention on Nuclear Safety; 2) The Vienna Convention on Civil Liability for Nuclear Damage and the Joint Protocol on the Application of the Vienna Convention and the Paris Convention on Third Party Liability in the Field of Nuclear Energy; 3) The Convention for the Physical Protection of Nuclear Material, the Convention on Early Notification of a Nuclear Accident and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency; 4) The European Energy Charter and its Protocol on Energy Efficiency. The need of adoption of new legislative documents regulating the supply of radioactive materials according to the EURATOM Treaty is stressed

  15. Fatigue damage of nuclear facilities

    International Nuclear Information System (INIS)

    2001-01-01

    The conference on the fatigue damage of nuclear facilities, organized by the SFEN (french society of nuclear energy), took place at Paris the 23. of november 2000. Eleven papers were presented, showing the state of the art and the research programs in the domain of the sizing rules, safety, installations damage, examination and maintenance. (A.L.B.)

  16. Report of the working group for nuclear damage compensation system

    International Nuclear Information System (INIS)

    1989-01-01

    The Working Group for Nuclear Damage Compensation System was established within the Atomic Energy Commision of Japan on August 2, 1988. The Group has held five meetings to make a study on the revision of the reserve for nuclear damage compensation. The nuclear damage compensation system in Japan has been established under the Law Concerning Compensation for Nuclear Damages and the Law Concerning Contract for Compensation for Nuclear Damages. The former law requires the nuclear power plant operators to set up a reserve for damage compensation to ensure positive and quick payment of compensation in the event of an accident. The reserve is currently rely on liability insurance and a government compensation contract. The Working Group has concluded that the total reserve should be increased from the current yen10 bill. to yen30 bill. The amount of the reserve specified in the enforcement law for the Law Concerning Compensation for Nuclear Damages should also be increased accordingly. The Law Concerning compensation for Nuclear damage will also be applied to damage which occurs overseas as a result of an accident in Japan. (N.K.)

  17. Act of 18 March 1983 on Nuclear Third Party Liability (LRCN)

    International Nuclear Information System (INIS)

    1983-01-01

    This new Act on nuclear third party liability maintains the two essential principles established by the law in force, namely those of causation and the channelling of liability on to the operator of a nuclear installation. On the other hand, the Act waives the principle of third party liability limited in amount and provides that the person liable must commit himself for an unlimited amount. Such liability is covered as follows: by private insurance up to 300 million francs; by the Confederation up to one thousand million francs over and above the amount covered by private insurance; by all the assets of the person liable. (NEA) [fr

  18. Long-term management of radioactive waste - will the Price-Anderson system work for third party liability issues arising from the Nuclear Waste Policy Act of 1982

    International Nuclear Information System (INIS)

    Kuznick, S.K.

    1985-01-01

    Two pieces of legislation have been enacted in the United States to provide a framework for the management of radioactive waste and spent nuclear fuel: the Low-level Radioactive Waste Policy Act (1980) and the Nuclear Waste Policy Act of 1982. Neither of these statutes provide a means for resolving third party liability issues arising out of radioactive waste management. However, the Price Anderson Act (originally enacted in 1957) provides a system of financial protection that can be applied to waste management activities and that can resolve most issues pertaining to liability for nuclear damage that may result from long-term management of radioactive waste and spent nuclear fuel. (NEA) [fr

  19. Lessons learned in planning the Canadian Nuclear Legacy Liabilities Program

    International Nuclear Information System (INIS)

    Stephens, M.; Brooks, S.; Miller, J.; Neal, P.; Mason, R.

    2011-01-01

    In 2006, Atomic Energy of Canada Limited (AECL) and Natural Resources Canada (NRCan) began implementing a $7B CDN, 70-year Nuclear Legacy Liabilities Program (NLLP) to deal with legacy decommissioning and environmental issues at AECL nuclear sites. The objective of the NLLP is to safely and cost-effectively reduce the nuclear legacy liabilities and associated risks based on sound waste management and environmental principles in the best interest of Canadians. The NLLP comprises a number of interlinked decommissioning, waste management and environmental restoration activities that are being executed at different sites by various technical groups. Many lessons about planning and executing such a large, diverse Program have been learned in planning the initial five-year 'start-up' phase (concluded 2011 March), in planning the three-year second phase (currently being commenced), and in planning individual and interacting activities within the Program. The activities to be undertaken in the start-up phase were planned by a small group of AECL technical experts using the currently available information on the liabilities. Several internal and external reviews of the Program during the start-up phase examined progress and identified several improvements to planning. These improvements included strengthening communications among the groups within the Program, conducting more detailed advance planning of the interlinked activities, and being cautious about making detailed commitments for activities for which major decisions had yet to be made. The second phase was planned by a dedicated core team. More and earlier input was solicited from the suppliers than in the planning for the first phase. This was to ensure that the proposed program of work was feasible, and to be able to specify in more detail the resources that would be required to carry it out. The NLLP has developed several processes to assist in the detailed planning of the numerous projects and

  20. The creation and operation of the European Mutual Association for Nuclear Insurance - EMANI

    International Nuclear Information System (INIS)

    Van Gulck, M.A.

    1980-03-01

    This general survey of the evolution of the nuclear operator's liability, with reference to the revision of the Paris Convention and the Brussels Supplementary Convention, describes the context in which the European Mutual Association for Nuclear Insurance (EMANI) was created and its operation. The author considers the repercussions of the European operator's increased liability on the nuclear insurance pool market and the consequences of the Three Mile Island accident for property damage insurance. (NEA) [fr

  1. Ways and means of insuring against nuclear risks

    International Nuclear Information System (INIS)

    Campbell Miles, A.

    1975-01-01

    Despite stringent safety requirements imposed upon nuclear installations, the need for adequate insurance cover is motivated by the consideration that a nuclear accident could lead to very grave consequences. To marshal the large insurance capacity required, national pools were formed in many countries, which may enter into arrangements with other similar national pools to increase their own capacity with a view to an appropriate spread of the risks involved. In the absence of a national nuclear pool, application for nuclear insurance would normally be made to the national insurance market association concerned. Virtually every type of nuclear risk is insurable; various forms of material damage and liability insurances are available. The financial liability of nuclear operators is established by national legislation on the basis of international conventions. Insurance coverage is linked to the operator's amount of liability established by law. A third party nuclear liability insurance policy usually consists of three parts: Part I covers the operator's liability under his domestic nuclear legislation; Part II provides non-nuclear power for accidents on the site up to a separate liability limit selected by the operator; and Part III provides cover for costs. Other types of insurance deal with damage to the site and the installation (material damage), consequential losses, contingent liabilities of suppliers of goods and services (products liability), nuclear material in transit and nuclear-propelled ships. (author)

  2. Third Party Nuclear Liability: The Case of a Supplier in the United Kingdom

    OpenAIRE

    Thomas, A.; Heffron, R. J.

    2012-01-01

    The law surrounding third party nuclear liability is important to all parties in the nuclear supply chain whether they are providing decommissioning services, project management expertise or a new reactor. This paper examines third party nuclear liability, and in particular, in relation to a Supplier in the nuclear energy sector in the United Kingdom (UK). The term “Supplier” is used in this paper and, depending on the context, is intended to cover all parties in the supply chain providing se...

  3. Liability for damage caused by shortage and failure to use necessary medical devices

    Directory of Open Access Journals (Sweden)

    Cvetković Mihajlo

    2014-01-01

    Full Text Available In order to provide for successful, safe and high quality medical services, health care institutions need to be equipped with adequate medical devices. For this reason, every medical institution is legally obliged to have relevant medical devices. In case a patient has been deprived of some medical service for the lack of necessary medical devices (which the institution has been obliged to provide, the medical institution is responsible for the damage and harm sustained by the patient. The responsibility implies non-contractual liability (in tort law or pre-contractual liability (in contract law. In both cases, the liability is based on the presumed culpability. In order to be excluded from liability, the medical institution has to prove that the patient has been deprived of medical service (or that the institution has refused to enter into a medical service provider agreement on justifiable grounds, i.e. due to the lack of necessary medical devices. On the other hand, in case the medial institutions fail to provide needed care or violate their obligation to use medical devices when necessary, it is regarded as medical negligence (professional error. In most cases, it implies the liability of medical institutions for damage, injury or harm caused to the patient by medical services provided without applying a relevant medical device, whose use has been medically indicated. The liability is even more substantial in cases where the medical device has been available but the medical institutions has not applied it in medial treatment (even though its use has been medically indicated; such conduct is qualified as gross negligence.

  4. Lessons learned in planning the Canadian Nuclear Legacy Liabilities Program

    International Nuclear Information System (INIS)

    Stephens, Michael E.; Brooks, Sheila M.; Miller, Joan M.; Mason, Robert A.

    2011-01-01

    In 2006, Atomic Energy of Canada Limited (AECL) and Natural Resources Canada (NRCan) began implementing a $7B CDN, 70-year Nuclear Legacy Liabilities Program (NLLP) to deal with legacy decommissioning and environmental issues at AECL nuclear sites. The objective of the NLLP is to safely and cost-effectively reduce the nuclear legacy liabilities and associated risks based on sound waste management and environmental principles in the best interest of Canadians. The liabilities include shutdown research and prototype power reactors, fuel handling facilities, radiochemical laboratories, support buildings, radioactive waste storage facilities, and contaminated lands at several sites located across eastern Canada from Quebec to Manitoba. The largest site, Chalk River Laboratories (CRL) in Ontario, will continue as an operational nuclear site for the foreseeable future. Planning and delivery of the Program is managed by the Liability Management Unit (LMU), a group that was formed within AECL for the purpose. The composition and progress of the NLLP has been reported in recent conferences. The NLLP comprises a number of interlinked decommissioning, waste management and environmental restoration activities that are being executed at different sites, and by various technical groups as suppliers to the LMU. Many lessons about planning and executing such a large, diverse Program have been learned in planning the initial five-year 'start-up' phase (which will conclude 2011 March), in planning the five-year second phase (which is currently being finalized), and in planning individual and interacting activities within the Program. The activities to be undertaken in the start-up phase were planned by a small group of AECL technical experts using the currently available information on the liabilities. Progress in executing the Program was slower than anticipated due to less than ideal alignment between some planned technical solutions and the actual requirements, as well as the

  5. Civil nuclear energy and the proliferation of nuclear weapons

    International Nuclear Information System (INIS)

    1990-04-01

    The issue of whether civil nuclear programmes contribute to the risk of proliferation of nuclear weapons has been discussed since civil programmes were first considered, and has always complicated public attitudes to civil nuclear energy. This paper seeks to define the extent to which there is such 'linkage'. Linkage concerns arise primarily over the possibility of their being used to produce highly enriched uranium or plutonium for use in weapons. Linkage may also arise through the relevant experience of the trained workforce. Such linkage is, however, limited by institutional, technical and economic factors. First important institutional constraints on using a civil programme for military purposes exist in the form of a network of bilateral agreements and international treaties - most particularly the Nuclear Non-Proliferation Treaty - and the international safeguards inspections. Secondly, without access to the technologies of enrichment or reprocessing, the fissile material needed for an explosive cannot be obtained from any plant or process used to produce electricity. Even enrichment and reprocessing, as normally used in electricity programmes, do not give rise to the materials used in weapons. Finally, establishing a civil programme - with equipment whose design is optimized for electricity production - in order to develop weapons is an expensive route compared to specialized facilities. (Author)

  6. The amendment of the law on compensation for nuclear damage in Japan

    International Nuclear Information System (INIS)

    Tanikawa, H.

    2000-01-01

    The legal regime relating to the compensation for nuclear damage in Japan is governed by 'the Law on Compensation for Nuclear Damage' and the 'Law on indemnity Agreement for Compensation of Nuclear Damage'. The basic liability scheme on compensation for nuclear damage in the Compensation law is constituted on the basis of strict and unlimited liability, and such liability is channeled to a nuclear undertaker who is engaged on the operation of the reactor, etc.Furthermore, in order to operate a reactor a nuclear undertaker has to have provided financial security for compensation of nuclear damage by means of contracts, for liability insurance in respect of potential nuclear damage and an indemnity agreement for compensation of nuclear damage or the deposit. In addition to this financial security, in the event that nuclear damage occurs, and if necessary, the Government shall give to a nuclear undertaker such aid as required for him to compensate the nuclear damage. The financial security amount specified in the compensation Law has been increased to JPY (Japan yen) 60 billion. The necessity for special requirements in relation to financial security and/or the level of its amount in case of decommissioning of reactors, storage of nuclear spent fuel outside the power plant, radioisotopes other than nuclear fuel materials, or high level waste of nuclear fuel material, or the operation of experimental reactors for nuclear fusion, etc. shall be examined in the near future according to developments made in this field and the corresponding necessity for financial security for each case. (N.C.)

  7. Liability for injury to the unborn - Recent amendments to the United Kingdom Nuclear Installations Act

    International Nuclear Information System (INIS)

    Coleman, J.E.

    1977-01-01

    The adoption in the United Kingdom in 1976 of an Act to determine liability for injury to the unborn (foetus) has provided the opportunity to amend the Nuclear Installations Act which governs the liability of nuclear operators, which is now extended to such injury. Any 'injury' attributable to a nuclear operator which so affects a mother that her child is born disabled involves the liability of that operator within the meaning of the Nuclear Installations Act whether or not either parent has suffered an injury on that occasion. (NEA) [fr

  8. Managing liabilities which arise out of radioactive waste

    International Nuclear Information System (INIS)

    Hall, R.M. Jr.

    1986-01-01

    The Atomic Energy Act has established a comprehensive regulatory program which governs the management of most radioactive wastes. There are substantial civil and criminal penalties for violations. In addition, environmental statutes such as the Resource Conservation and Recovery Act and the Superfund law impose liabilities on managers of ''non-nuclear'' hazardous wastes. The availability of common law remedies by private parties subjects companies and their officers and employees, and in some cases the government, to liability for personal injuries or property damage. An environmental manager at any facility where radioactive materials are being handled must be aware of these potential liabilities and should engage in a regular program of environmental auditing to ensure compliance

  9. The law on indemnity agreement for compensation of nuclear damage

    International Nuclear Information System (INIS)

    1979-01-01

    Basic terms are defined, such as: operation of reactors; nuclear damage; nuclear enterpriser; nuclear ship; measure for compensation; amount of compensation and liability insurance contract. The government may conclude with nuclear enterprisers indemnity agreements, in which in the case of reparation responsibilities of the enterprisers coming into being, the government agrees to make for losses of the enterprisers not possible to be compensated by liability insurance contracts, etc., and the enterprisers comply to pay indemnity charges. Losses indemnified by the government with the said agreements (indemnity agreement) shall be losses of the enterprisers (indemnity loss) which occur from reparation of nuclear damages due to earthquakes or eruptions, or regular operation of reactors or damages to be compensated by the insurance contracts, which are not demanded by the sufferers for 10 years from the day of events, and others. The term of indemnity agreements is from the time of the conclusion to the date of suspension of the operation of reactors. Indemnity charges, amount of indemnity, limit of conclusion of indemnity agreements, notice, prescription and others are prescribed respectively. The government may dissolute indemnity agreements in specified particular cases, including violation of the provisions of the law concerning indemnification of nuclear damage by the enterprisers, etc. (Okada, K.)

  10. Notes on implementation of IAEA Convention on Early Notification of a Nuclear Accident (CENNA)

    International Nuclear Information System (INIS)

    Camilleri, A.

    1989-01-01

    The communication arrangements adopted to implement the Convention on Early Notification of a Nuclear Accident (CENNA) are discussed. Central to these is the global Telecommunications system (GTS) of the World Meteorological Organisation (WMO). The GTS has a global structure and proven reliability and it operates 24 hours a day and the WMO has agreed to its being used to disseminate the information specified in CENNA relevant to minimising the radiological consequences of an accident. It has been necessary for individual states to arrange for a Telecommunications link between the nearest GTS entry point (normally at a national meteorological office) and the national authority responsible for receiving and issuing notifications under the international nuclear safety conventions. A telecommunications link is in place between the IAEA's Vienna headquarters and the WMO in Vienna. The system was tested with a series of five trial transmissions conducted in January - February 1988. 3 figs

  11. Second review meeting of the Contracting Parties to the Convention on Nuclear Safety

    International Nuclear Information System (INIS)

    Rafferty, Barbara

    2002-01-01

    The Second Review Meeting of the Contracting Parties to the Convention on Nuclear Safety was held in the Headquarters of the International Atomic Energy Agency in Vienna from 15-26 April 2002, under the chairmanship of the President, Mr Miroslav Gregoric, Director of the Slovenian Nuclear Safety Authority. The Convention on Nuclear Safety entered into force in October 1996, has been signed by sixty-five States and ratified by fifty-four, bringing within its scope 428 of the 448 nuclear reactors worldwide. The Convention aims to achieve and maintain a high level of nuclear safety worldwide, through inter alia enhancement of national measures and international co-operation. Obligations on Contracting Parties in accordance with the Convention include: the establishment and maintenance of a legislative and regulatory framework to govern the safety of land-based civil nuclear installations; the allocation of adequate financial and human resources to support the safety objectives; ensuring that all reasonably practicable improvements to safety are made as a matter of urgency. Adherence to this Convention entails two basic commitments by each Contracting Party: to prepare and make available a national report for review; and to subject its national report to a peer review by the other Contracting Parties. Thus, being a Contracting Party to this Convention involves: including in the national report a self-assessment of steps and measures already taken and in progress to implement the Convention obligations; taking an active part in an open and transparent review of its national report and the Reports of other Contracting Parties; and a commitment to a continuous learning and improving process, something which is a key element of a strong safety culture. The peer review of national reports takes place every three years, the first having been held in 1999. The Second Review Meeting was attended by delegates from 46 contracting parties. During the review certain issues were

  12. There is possible damages on the nuclear power plants (NPP) of so-frontiers states and operations of the forces of the civil defense (cd) in these situations

    International Nuclear Information System (INIS)

    Ocaqov, H.O.

    2002-01-01

    Full text: According to our forecasts if any type of accident occurs at the nuclear power plant located on the territory of Armenian Republic the radioactive pollution will spread over the territory of Azerbaijan. The injection of radioactive substances and formation of a polluted zone on the significant area including some parts of the territory of Nakhichevan Republic, Nagorny Karabakh, Kelbajar and Kedabek regions are possible. In extraordinary situations occurred due to radiation accidents or under detection of a radioactive pollution the restriction of subsequent irradiation of the population is accomplished by protective measures. These measures are connected to the breakdown of normal live ability of the population, economic and social functioning of the territory i.e. it is an interference causing not only economic and ecological damage but also having adverse influence on the population. A decrease of risk to a possible low level (optimization) is carried out due to the following two circumstances: A time it of risk of a potential irradiation from all possible sources of radiation is regulated and for each source the boundary of risk is established; Under a decrease of potential radiation risk there is the minimum level of risk, below which a risk is considered as negligible and further decrease of risk is inexpedient. Under the accident control and under a realization of urgent reestablishment works it is recommended not to admit an equivalent dose (ED) of radiation more than approximately 500 mSv except for actions on rescue of life or on prevention of further development of the accident and the irradiation of large number of people. Assumed increase of radiation is admitted only for men older than 30 years only on voluntary written approval and preliminary informing them about possible doses of radiation at accident liquidation and about a risk for their health. The persons attracted for realization of emergency and saving work, are considered on the

  13. Nuclear industry and the management of accident risk in Europe: from the internalisation default to the coverage organization; Industrie nucleaire et gestion du risque d'accident en Europe: du defaut d'internalisation a l'organisation de la couverture

    Energy Technology Data Exchange (ETDEWEB)

    Fiore, K.

    2007-12-15

    The production of nuclear energy creates environmental and sanitary risks among which the risk of nuclear accident. There is a twofold dimension in the management of such a risk: a preventive dimension and a compensatory one. Given its catastrophic and unpredictable character, the nuclear risk has always been managed in a specific way. In Europe, its management is unsatisfactory. The civil liability regime is beneficial to the nuclear industry as it leads to a lack of internalisation and thus to a limited coverage of potential damages. The financial cap of the nuclear operator's civil liability reduces his incentives for the prevention of accidents. By narrowing its liability, it also limits the burden tied to the coverage of the full potential damages. The organisation of the nuclear risk coverage was heavily conditioned by the civil liability regime and the financial cap it creates. Such an organisation is inefficient. The nuclear insurance market's financial capacity is not enough to compensate for all the potential victims of a major nuclear accident. Moreover, the functioning of this market is quite costly for the nuclear operator. While new electronuclear projects are being launched in Europe, the management of nuclear risks must be questioned in order to find better solutions to the necessity of internalising, preventing and compensating. Nuclear operators should be responsible for all the damages caused through an unlimited liability rule. The coverage of potential damages could also be improved by setting up a risk-sharing agreement at the European scale between operators. (author)

  14. Concerning improvement and reform towards a more effective and realisable nuclear liability legal system in Japan

    International Nuclear Information System (INIS)

    Iizuka, H.

    2006-01-01

    Japan is the only country in the world that has ever experienced being attacked by atomic bombs. Japanese people have a special feeling towards nuclear power. Japan has opted for an unlimited liability system, which is regarded as a hospitable one to victims in Japan. Under the existing unlimited liability system in Japan, however, there is a problem that nuclear operators cannot necessarily foresee the probable limit of their risks to owe. In this paper, I want to present problems of the nuclear liability legal system, and proposals for improvement and reform towards more effective and realisable system in Japan. (author)

  15. Fourth coordinated research meeting on the measurement and evaluation of transactinium isotope nuclear data, Vienna, 12-13 October 1981

    International Nuclear Information System (INIS)

    Lorenz, A.

    1981-12-01

    Proceedings of the fourth meeting of the participants in the IAEA Coordinated Research Programme to measure and evaluate the required nuclear decay data of heavy element radionuclides, convened by the IAEA Nuclear Data Section on 12-13 October 1981, at IAEA Headquarters in Vienna. The meeting participants reviewed the data requirements, updated and extended the recommended list of half-lives, and continued to review the status of alpha and gamma radiation spectra emitted in the decay of transactinium isotopes. (author)

  16. Limitation of third party nuclear liability. Causes, implications and future possibilities

    International Nuclear Information System (INIS)

    Radetzki, M.

    1999-01-01

    Third party liability of the nuclear power generation industry is discussed. It has several purposes. One is to clarify the distinctive features of nuclear liability as compared with traditional liability in tort. Particular interest is devoted to one such feature, namely the express liability limitation from which the nuclear power generation industry benefits. The causes and implications of this feature are discussed. One important implication of the current order is that the top risk of the nuclear power generation industry is explicitly or implicitly transferred to governments. This risk transfer can be regarded as a subsidy to the nuclear power generation industry. Subsidizations counteract efficiency. Therefore, the possibilities of neutralizing or abolishing the subsidy are explored. (author)

  17. Hypertensive target organ damage in Ghanaian civil servants with hypertension.

    Directory of Open Access Journals (Sweden)

    Juliet Addo

    2009-08-01

    Full Text Available Low levels of detection, treatment and control of hypertension have repeatedly been reported from sub Saharan Africa, potentially increasing the likelihood of target organ damage.A cross-sectional study was conducted on 1015 urban civil servants aged > or = 25 years from seven central government ministries in Accra, Ghana. Participants diagnosed to have hypertension were examined for target organ involvement. Hypertensive target organ damage was defined as the detection of any of the following: left ventricular hypertrophy diagnosed by electrocardiogram, reduction in glomerular filtration rate, the presence of hypertensive retinopathy or a history of a stroke.Of the 219 hypertensive participants examined, 104 (47.5% had evidence of target organ damage. The presence of target organ damage was associated with higher systolic and diastolic blood pressure levels. The odds of developing hypertensive target organ damage was five to six times higher in participants with blood pressure (BP > or = 180/110 mmHg compared to those with BP < 140/90 mmHg, and there was a trend to higher odds of target organ damage with increasing BP (p = 0.001. Women had about lower odds of developing target organ damage compared to men.The high prevalence of target organ damage in this working population associated with increasing blood pressure, emphasises the need for hypertension control programs aimed at improving the detection of hypertension, and importantly addressing the issues inhibiting the effective treatment and control of people with hypertension in the population.

  18. Nuclear Liability Act of 8 March 1968 (No. 45) as amended by an Act of 10 May 1974 (No. 249) and by an Act of 22 December 1982 (No. 1275)

    International Nuclear Information System (INIS)

    1983-11-01

    The amendments to this Act fall into two categories. The first category of amendments enabled Sweden to ratify two 1982 Protocols amending the Paris Convention and the Brussels Supplementary Convention respectively. The other amendments raise the nuclear operator's liability from 50 million to 500 million Swedish crowns per incident and introduce a State liability over and above compensation available under the Brussels Convention, thus raising the aggregate amount of compensation to 3,000 million Swedish crowns. (NEA) [fr

  19. International aspects of nuclear accidents

    International Nuclear Information System (INIS)

    Uematsu, K.

    1989-09-01

    The accident at Chernobyl revealed that there were shortcomings and gaps in the existing international mechanisms and brought home to governments the need for stronger measures to provide better protection against the risks of severe accidents. The main thrust of international co-operation with regard to nuclear safety issues is aimed at achieving a uniformly high level of safety in nuclear power plants through continuous exchanges of research findings and feedback from reactor operating experience. The second type of problem posed in the event of an accident resulting in radioactive contamination of several countries relates to the obligation to notify details of the circumstances and nature of the accident speedily so that the countries affected can take appropriate protective measures and, if necessary, organize mutual assistance. Giving the public accurate information is also an important aspect of managing an emergency situation arising from a severe accident. Finally, the confusion resulting from the unwarranted variety of protective measures implemented after the Chernobyl accident has highlighted the need for international harmonization of the principles and scientific criteria applicable to the protection of the public in the event of an accident and for a more consistent approach to emergency plans. The international conventions on third party liability in the nuclear energy sector (Paris/Brussels Conventions and the Vienna Convention) provide for compensation for damage caused by nuclear accidents in accordance with the rules and jurisdiction that they lay down. These provisions impose obligations on the operator responsible for an accident, and the State where the nuclear facility is located, towards the victims of damage caused in another country

  20. Limitation of liability for maritime claims: Chronological critical review (international instruments and Croatian solutions

    Directory of Open Access Journals (Sweden)

    Vasilj Aleksandra V.

    2016-01-01

    Full Text Available Limitation of liability of shipowner can based on property or can be personal - shipowner responds to certain part of the property (for example ship or his entire assets to a certain amount. In the first case it is a real, and in the other the personal limitation of liability. On these principles all international instruments in this legal field have been developed. One of the well-known 'universal' principle of civil law says that the injurer must pay for a damage in full, in full extent and amount. However, when we are applying provisions of maritime law (as well as transport law in general on the liability for damages and its compensation, the situation is quite opposite. Though, that the amount of suffered damages is coming closer to said universal principle of civil law has been confirmed by Amendments to the Protocol to the Convention on Limitation of Liability for Maritime Claims 1996 (LLMC 1996. These Amendments increased amount of general (global limitation of liability for maritime claims by 51% compared to the amounts in LLMC. Increased amounts are applicable from 8th June 2015. Regarding these amendments, a number of issues can be placed: justification for introducing the institute of limitation of liability in general; reasons why the injurer is privileged in maritime (and broader in transport, in the context of the amount of the obligation of compensation for damage; and whether the application of the institute undermine the principle that is enshrined in the legal system of every modern country, according to which the injured party has the right to just compensation. On the other hand, justice can be taken as well as an argument just to implement the limitation of liability system.

  1. Multilateral agreements

    International Nuclear Information System (INIS)

    2013-01-01

    I. Status of treaties and conventions in the field of nuclear energy as of November 2013: Non-proliferation and nuclear security (Treaty on the Non-Proliferation of Nuclear Weapons, Convention on the Physical Protection of Nuclear Material, Amendment to the Convention on the Physical Protection of Nuclear Material, International Convention for the Suppression of Acts of Nuclear Terrorism, Comprehensive Nuclear-Test-Ban Treaty); Nuclear safety and emergency response (Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, Convention on Early Notification of a Nuclear Accident, Convention on Nuclear Safety, Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management); Liability and compensation for nuclear damage (Paris Convention on Nuclear Third Party Liability, Brussels Supplementary Convention on Third Party Liability in the Field of Nuclear Energy, Protocol to Amend the Paris Convention on Nuclear Third Party Liability, Protocol to Amend the Brussels Convention Supplementary to the Paris Convention, Vienna Convention on Civil Liability for Nuclear Damage, Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage, Joint Protocol relating to the Application of the Vienna Convention and the Paris Convention); Convention on Supplementary Compensation for Nuclear Damage; II. Status of conventions in the field of environmental protection/assessment which affect nuclear energy use as of December 2011: Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters - Aarhus Convention (Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention), Protocol on Strategic Environmental Assessment to the Espoo Convention (Kiev Protocol), Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR)); III. Participation in the nuclear energy treaties/conventions

  2. Prerequisites for a nuclear weapons convention

    International Nuclear Information System (INIS)

    Liebert, W.

    1999-01-01

    A Nuclear Weapons Convention (NWC) would prohibit the research, development, production, testing, stockpiling, transfer, use and threat of use of nuclear weapons and would serve their total elimination.' In this fashion it follows the model laid out by the biological and chemical weapons conventions. The NWC would encompass a few other treaties and while replacing them should learn from their experiences. The Nuclear Weapons Convention should at some given point in the future replace the Non-Proliferation Treaty (NPT) and so resolve its contradictions and shortcomings. The main objectives of an NWC Would be: reduction of the nuclear arsenals of the 'five' nuclear weapons powers down to zero within a set of fixed periods of time; elimination of stockpiles of weapons-usable materials and, where existent, nuclear warheads in de-facto nuclear weapon and threshold states; providing assurance that all states will retain their non-nuclear status forever

  3. Indemnification of damage in the event of a nuclear accident

    International Nuclear Information System (INIS)

    2003-01-01

    The Workshop on the Indemnification of Damage in the Event of a Nuclear Accident, organised by the OECD Nuclear Energy Agency in close co-operation with the French authorities, was held in Paris from 26 to 28 November 2001. This event was an integral part of the International Nuclear Emergency Exercise INEX 2000. It attracted wide participation from national nuclear authorities, regulators, operators of nuclear installations, nuclear insurers and international organisations. The objective was to test the capacity of the existing nuclear liability and compensation mechanisms in the 29 countries represented at the workshop to manage the consequences of a nuclear emergency. This workshop was based upon the scenario used for the INEX 2000 Exercise, i.e. an accident simulated at the Gravelines nuclear power plant in the north of France in May 2001. These proceedings contain a comparative analysis of legislative and regulatory provisions governing emergency response and nuclear third party liability, based upon country replies to a questionnaire. This publication also includes the full responses provided to that questionnaire, as well as the texts of presentations made by special guests from Germany and Japan describing the manner in which the public authorities in their respective countries responded to two nuclear accidents of a very different nature and scale. (authors)

  4. Bill project authorizing the approval of the amendment to the convention on physical protection of nuclear material - Nr 11

    International Nuclear Information System (INIS)

    Ayrault, Jean-Marc; Fabius, Laurent

    2012-01-01

    This document contains the brief text of the bill project and the text of the amendment to the Convention on physical protection of nuclear material which has been adopted in Vienna in August 2005 to amend the Convention adopted in October 1979. This amendment introduces the following measures: extension of the scope of application of the Convention to nuclear materials used for peaceful purposes, definition of the objectives of the Convention, articulation of the Convention with other international instruments, definition of the main principles of physical protection, strengthened international cooperation, legal issues concerning extradition and legal cooperation

  5. New nuclear legislation proposals from the European Commission funds to cover nuclear liabilities

    International Nuclear Information System (INIS)

    Taylor, Derek M.

    2003-01-01

    On 30 January 2003, the European Commission adopted two proposals for new Directives in the area of nuclear safety: - a proposal for a Council Directive defining the basic obligations and the general principles on the safety of nuclear installations; - a proposal for a Council Directive on the management of spent nuclear fuel and radioactive waste. The first of these includes a requirement for the setting up of 'decommissioning funds'. However, this is a 'short-hand' title as the funds must cover all nuclear liabilities that remain after the end of operation of a nuclear installation, not just its closure and dismantling. The liabilities that remain following the closure of a nuclear installation need to be managed safely. They also need to be managed over a period that ranges from decades to centuries. It is vitally important that the financial resources for the safe management of these liabilities can be guaranteed over the full period. In the Commission's view, this can be best achieved by establishing a segregated fund that is built up over the operating life of the facility and by placing clear limitations on how the fund may be used. Ideally the segregated fund should be 'external' to the company and managed in such a way to ensure that it retains its value. The funds should not be spent on anything other than their identified purpose. The fund should be sufficient to cover all liabilities that remain once a facility stops generating revenue. These liabilities would include long-term management of spent nuclear fuel and all radioactive waste (including its disposal), not already paid for during operation, and the full dismantling of the facility. The Directive should cover all nuclear installations, not just nuclear power plants. It would not be logical to require a fund to cover reactor decommissioning, but not for a reprocessing plant. Special provisions will have to be made for those installations, such as some research reactors, that do not generate

  6. Just and reasonable distribution of funds for limited damages in the event of nuclear disasters

    International Nuclear Information System (INIS)

    Schattke, H.

    1985-01-01

    A suggestion is made to make legal dispositions for the distribution of funds before a nuclear event. The concept incorporates the following material-legal elements: Proportionate reduction of damages compensation claims in case the funds for liability and coverage are insufficient; creation of reserve funds for late damage; legal preference of personal damage and only subsequent satisfaction of demand for compensation of nuclear industries. (orig.) [de

  7. Liability for damage caused by ground subsidence in the Netherlands. The role of the Mining Law and the Technical Committee Ground Subsidence

    International Nuclear Information System (INIS)

    Roggenkamp, M.M.; Verwer, Ch.P.

    2004-01-01

    This article provides an overview of the legal regulatory framework in respect of movements of the soil (i.e. subsidence and earth tremors) following the exploration and extraction of minerals in the Netherlands, and the liability for the damage they cause. This legal framework has been changed considerably since the new Mining Act came into force on January 1st, 2003. After having examined the causes of subsidence and subsequent earth tremors, and relationships with the exploration and extraction of subsoil minerals such as oil, gas, salt and coal, the article continues by presenting the legislation of this area. The authors analyse the applicable legislation before as well as after the introduction of the new Mining Act. The two judicial regimen have a similar approach: While the rules and regulations concerning earth movements are laid down in the Mining Act, the legal foundation for the liability for damage resulting from earth movements is provided by the Civil Code. The parliamentary debates on the Mining Bill specifically dealt with the issue of earth movements and the question whether either a system of absolute (vicarious) liability would apply, or a system of strict liability. One of the reasons for not having a system of absolute liability was the wish of Parliament to lay down in the Mining Act provisions for the creation of a Technical Committee on Earth Movements. It is the remit of this Committee to advise the Minister of Economic Affairs on all matters related to movements of the soil. It's duty is also to advise on the causal) relationship between mining activities and earth movements, and the amount of damages to be paid by the mining companies, at the request of individual persons. In order to avoid individuals not receiving any compensation for damages, the new Mining Act also calls for the introduction of a special Fund for Mining Damages. Individual persons would be entitled to make a claim to this fund in situations such as the mining company

  8. Announcement of the Ministry of Foreign Affairs of the Slovak Republic. Convention on nuclear safety

    International Nuclear Information System (INIS)

    1997-01-01

    Ministry of Foreign Affairs of the Slovak Republic has been announcemented that from September 20, 1994 up to acquirement of its validity was opened in Vienna for signature Convention on nuclear safety. Instead of Slovak Republic the convention September 20, 1994 was signed. National Council of the Slovak Republic with the convention expressed the consent by its resolution No. 75 from January 25, 1995 and the president of the Slovak Republic February 23, 1995 its ratified. Ratification document at the depository of this convention was deposited, the director general of the International Agency for Atomic Energy, March 7, 1995. The validity of the Convention October 24, 1996, on the article section 1, was acquired. The text of the Convention on nuclear safety continued [sk

  9. TO THE 70TH ANNIVERSARY OF THE CHICAGO CONVENTION ON INTERNATIONAL CIVIL AVIATION

    Directory of Open Access Journals (Sweden)

    A. V. Neradyiko

    2015-01-01

    Full Text Available The article is devoted to the prerequisite for the development and adoption of the Chicago Convention on International Civil Aviation of 1944. There are given the appreciation of the contents of the convention, it is shown its place and importance in the field of international air law. There is shown the current importance of the Chicago Convention for the development of international civil aviation.

  10. Nuclear plants near borders - legal aspects

    International Nuclear Information System (INIS)

    Rauschning, D.

    1990-01-01

    In public international law there are no rules prohibiting the construction or operation of nuclear plants, or regulating their siting. Emanations of nuclear plants - conventional or radioactive - are regarded as pollutants. Transfrontier pollution has to be prevented and controlled according to the rules of customary international law, which have developed on the basis of the Trail Smelter Award of 1941 and which are restated in the Montreal Rules of International Law Applicable to Transfrontier Pollution 1982 of the ILA. The neighbouring state has a right to obtain all reasonable information concerning the prospective siting of plants and has to be consulted in certain respects. These procedural duties are substantiated in bilateral agreements setting up mixed commissions. In the European Communities members are obliged to report any planned emanation of radioactive substances which might pollute the environment of another member to the EC Commission. Strict liability for any damage caused by a nuclear installation is stipulated in special conventions. As far as these conventions are not applicable, the general rules on state responsibility and on civil liability apply. States are not obliged under International Law to allow residents of neighbouring states to participate in administrative or judicial proceedings concerning the licensing. In practice, however, foreigners challenging the issue of a licence have the same standing as the citizens of the licensing state. (author)

  11. Influence of nuclear glasses composition on their liability to deterioration

    International Nuclear Information System (INIS)

    Tovena, I.

    1995-01-01

    The aim of this thesis is to contribute to the study of the nuclear glasses composition influence on their liability to deterioration. The methodology of the experimental research used has lead to define between the thirty oxides which form the reference glass light water, six oxides of interest. For each of these oxides, a composition variation area has been defined. A matrix of twenty glass compositions has then been defined. The preparation of materials of these compositions has sometimes lead to materials weakly heterogeneous which have been characterized before deterioration. This study has been completed by those of three glasses in a composition variation area narrower of the light water nuclear glass : the R7T7 and two glasses at limits having respectively an initial dissolution velocity at 100 degrees Celsius theoretically maximum and minimum. Some deterioration parameters in pure water have been experimentally measured on the twenty three glasses : 1) an initial dissolution velocity at 100 degrees (Vo 1 00) Celsius and another one at 90 degrees Celsius (Vo 9 0) 2) a dissolution velocity in conditions near the saturation at 90 degrees Celsius 3) an apparent solubility of glass based on the ortho silicic acid activity 4) the evolution of the dissolution kinetics at 90 degrees Celsius in sub-saturated medium towards saturated medium 5) the alteration films nature developed at the glasses surface during these last alteration tests. Some thermodynamic and structural models have been studied in order to predict Vo 9 0 and Vo 1 00. The dissolution kinetic law developed from reference glass dissolution results has been studied with the calculation code LIXIVER. It has not been able to be used for most of the glasses compositions studied. As a consequence, the glasses dissolution control by a surface reaction which are itself controlled by the only dissolved silica is an hypothesis which is not verified for the greater part of the glasses. (O.L.). refs., figs

  12. Convention on nuclear safety. Questions posted to Switzerland in 2008

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2008-07-01

    Switzerland signed the Convention on Nuclear Safety (CNS) on 31 October 1995. It ratified the Convention on 12 September 1996, which came into force on 11 December 1996. In accordance with Article 5 of the Convention, Switzerland has prepared and submitted 4 country reports for Review Meetings of Contracting Parties organised in 1999, 2002, 2005 and 2006. These meetings at the IAEA headquarters in Vienna were attended by a Swiss delegation. Most of the requirements of the articles of the Convention were already standard practice in Switzerland. In the last years, all Swiss nuclear power plants (NPPs) as well as the Swiss Federal Nuclear Safety Inspectorate (HSK) built up documented quality management systems. The independence of HSK from licensing authorities is fulfilled on a technical level. In 2005, a new Nuclear Energy Act came into force requiring formal independence of the supervisory authorities from the licensing authorities. A separate act to legally settle the Inspectorate's fully independent status was adopted by Parliament. HSK participates in international co-operation and is represented in numerous nuclear safety working groups in order to ensure the exchange of scientific, technical and regulatory know-how. The regulatory processes applied to the licensing and safety surveillance of nuclear installations and their operation are up to date with the current state of science and technology. Deterministic and probabilistic safety evaluations guide and prioritise inspections and provide the basis for a graded approach to safety review and assessment. The surveillance of the NPPs' operating, control and safety systems, their component performance and integrity, their organisational and human aspects as well as the management, conditioning and interim storage of radioactive waste are permanent features of the supervisory authority's activities. Within the frame of a new integrated oversight process there is an annual systematic assessment of

  13. Convention on nuclear safety. Questions posted to Switzerland in 2008

    International Nuclear Information System (INIS)

    2008-01-01

    Switzerland signed the Convention on Nuclear Safety (CNS) on 31 October 1995. It ratified the Convention on 12 September 1996, which came into force on 11 December 1996. In accordance with Article 5 of the Convention, Switzerland has prepared and submitted 4 country reports for Review Meetings of Contracting Parties organised in 1999, 2002, 2005 and 2006. These meetings at the IAEA headquarters in Vienna were attended by a Swiss delegation. Most of the requirements of the articles of the Convention were already standard practice in Switzerland. In the last years, all Swiss nuclear power plants (NPPs) as well as the Swiss Federal Nuclear Safety Inspectorate (HSK) built up documented quality management systems. The independence of HSK from licensing authorities is fulfilled on a technical level. In 2005, a new Nuclear Energy Act came into force requiring formal independence of the supervisory authorities from the licensing authorities. A separate act to legally settle the Inspectorate's fully independent status was adopted by Parliament. HSK participates in international co-operation and is represented in numerous nuclear safety working groups in order to ensure the exchange of scientific, technical and regulatory know-how. The regulatory processes applied to the licensing and safety surveillance of nuclear installations and their operation are up to date with the current state of science and technology. Deterministic and probabilistic safety evaluations guide and prioritise inspections and provide the basis for a graded approach to safety review and assessment. The surveillance of the NPPs' operating, control and safety systems, their component performance and integrity, their organisational and human aspects as well as the management, conditioning and interim storage of radioactive waste are permanent features of the supervisory authority's activities. Within the frame of a new integrated oversight process there is an annual systematic assessment of nuclear safety

  14. National report of Brazil. Nuclear Safety Convention

    International Nuclear Information System (INIS)

    1998-09-01

    This document represents the national report prepared as a fulfillment of the brazilian obligations related to the Convention on Nuclear Safety. In chapter 2 some details are given about the existing nuclear installations. Chapter 3 provides details about the legislation and regulations, including the regulatory framework and the regulatory body. Chapter 4 covers general safety considerations as described in articles 10 to 16 of the Convention. Chapter 5 addresses to the safety of the installations during siting, design, construction and operation. Chapter 6 describes planned activities to further enhance nuclear safety. Chapter 7 presents the final remarks related to the degree of compliance with the Convention obligations

  15. Civil engineering in the nuclear industry

    International Nuclear Information System (INIS)

    Dexter-Smith, R.

    1991-01-01

    Civil Engineering has an important contribution to make at every stage of the nuclear fuel cycle, from the choice of site and conception of the design of a major power station or fuel plan, through modifications during modifications, during operation, to the final stages of designing and building waste management stores and repositories and the decommissioning of stations and plants. The conference papers published here -twenty four in total - cover many of these stages. All the papers are indexed separately. Two international papers are presented, one on French PWRs, the other on repository design. Four papers look at site investigations, four are concerned with earthquake engineering, four with structural analysis, three with quality assurance, three with design and four with in-service performance and decommissioning. (UK)

  16. Remediation of old environmental liabilities in the Nuclear Research Institute Rez plc

    International Nuclear Information System (INIS)

    Svoboda, Karel; Podlaha, Josef

    2011-01-01

    The Nuclear Research Institute Rez plc (NRI) after 55 years of activities in the nuclear field produced some environmental liabilities that shall be remedied. There are three areas of remediation: (1) decommissioning of old obsolete facilities (e.g. decay tanks, RAW treatment technology, special sewage system), (2) processing of RAW from operation and dismantling of nuclear facilities, and (3) elimination of spent fuel from research nuclear reactors operated by the NRI. The goal is to remedy the environmental liabilities and eliminate the potential negative impact on the environment. Remediation of the environmental liabilities started in 2003 and will be finished in 2014. The character of the environmental liabilities is very specific and requires special remediation procedures. Special technologies are being developed with assistance of external subcontractors. The NRI has gained many experiences in the field of RAW management and decommissioning of nuclear facilities and will use its facilities, experienced staff and all relevant data needed for the successful realization of the remediation. The most significant items of environmental liabilities are described in the paper together with information about the history, the current state, the progress, and the future activities in the field of remediation of environmental liabilities in the NRI. (author)

  17. 10 CFR 140.91 - Appendix A-Form of nuclear energy liability policy for facilities.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 2 2010-01-01 2010-01-01 false Appendix A-Form of nuclear energy liability policy for facilities. 140.91 Section 140.91 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) FINANCIAL PROTECTION... other matter not within the Commission's statutory jurisdiction under the Atomic Energy Act. Nuclear...

  18. Ethical and legal issues regarding the action and knowledge of orthodontists before civil liability

    Directory of Open Access Journals (Sweden)

    Luíza Valéria de Abreu Maia

    2014-10-01

    Full Text Available This study evaluated the ethical and legal conducts of orthodontists regarding the professional/patient relationship, documentation used and degree of knowledge on the professional liability during the exercise of their specialty. This study sought to assess whether the time since graduation of the dentist as an expert interfered with their knowledge degree about the dental professional liability. The object population of the present study consisted of 56 dental surgeons, specialized in orthodontics, from the city of Belo Horizonte, Minas Gerais State, Brazil. The research was carried out using a survey addressed to these professionals, and descriptive statistics of the data. Chi-square test was used to check independence between factors and comparisons of proportions.  100% interviewed professionals request orthodontic documentation prior to the start of treatment; 71.5% request final documentation; 91% professionals affirmed they file this documentation; however, only 21.4% keep records for over 20 years; and most professionals (86% use some sort of contract at the start of treatment, and a small percentage (30.4% regard the liability of orthodontists as objective. It can be concluded that the interviewed professionals should acquire a higher level of knowledge regarding the professional liability and current legislation involving dental surgeons.

  19. The Analysis of the Carrier’s Obligations during the Movement of Goods in Terms of Dual Perspective of the Budapest Convention and the Settlement of the New Civil Code

    Directory of Open Access Journals (Sweden)

    Ion IORGA

    2012-08-01

    Full Text Available In the present study we have analyzed one of the most important, but at the same time conflicting, the carrier’s obligations arise under the contract of carriage, that is the compliance of the itinerary while traveling goods to their destination, safely without delay. Using content analysis, through a descriptive documentary research and jurisprudence analysis, this study aims at identifying both the content of the obligation of complying the itinerary established in the contract or the usages that derive from, and particular aspects of this obligation which modifies the original terms of the carriage contract. Also, the paper discusses the texts of the New Civil Code and the Budapest Convention on the carriage contract on inland waterways. To what extent the carrier is entitled to invoke the exemption causes of liability? What are these causes? The paper is in the interest of legal practitioners that confront with the compliance issue of the carrier’s obligations and attracting the liability of the carrier for all damages of the goods, during and after the route deviation from the itinerary in given situation.

  20. Effectiveness of the Convention on Nuclear Safety

    International Nuclear Information System (INIS)

    Schwarz, G.

    2016-01-01

    The Convention on Nuclear Safety (CNS) has been established after the Chernobyl accident with the primary objective of achieving and maintaining a high level of nuclear safety worldwide, through the enhancement of national measures and international cooperation. The CNS is an incentive convention. It defines the basic safety standard which shall be met by the Contracting Parties. The verification of compliance is based on a self-assessment by the Countries and a Peer Review by the other Contracting Parties. As of July 2015, there are 78 Contracting Parties. Among the Contracting Parties of the Convention are all countries operating nuclear power plants except the Islamic Republic of Iran and Taiwan, all countries constructing nuclear power plants, all countries having nuclear power plants in long term shutdown and all countries having signed contracts for the construction of nuclear power plants. The National Reports under the CNS therefore cover almost all nuclear power plants of the world. The peer review of reports, questions and answers that are exchanged in connection with the Review Meetings provided a unique overview of nuclear safety provisions and issues in countries planning or operating nuclear power plants. This is especially important for neighbouring countries to those operating nuclear power plants.

  1. Differences in safety margins between nuclear and conventional design standards with regards to seismic hazard definition and design criteria

    International Nuclear Information System (INIS)

    Elgohary, M.; Saudy, A.; Orbovic, N.; Dejan, D.

    2006-01-01

    With the surging interest in new build nuclear all over the world and a permanent interest in earthquake resistance of nuclear plants, there is a need to quantify the safety margins in nuclear buildings design in comparison to conventional buildings in order to increase the public confidence in the safety of nuclear power plants. Nuclear (CAN3-N289 series) and conventional (NBCC 2005) seismic standards have different approaches regarding the design of civil structures. The origin of the differences lays in the safety philosophy behind the seismic nuclear and conventional standards. Conventional seismic codes contain the minimal requirement destined primarily to safeguard against major structural failure and loss of life. It doesn't limit damage to a certain acceptable degree or maintain function. Nuclear seismic code requires that structures, systems and components important to safety, withstand the effects of earthquakes. The requirement states that for equipment important to safety, both integrity and functionality should be ascertained. The seismic hazard is generally defined on the basis of the annual probability of exceedence (return period). There is a major difference on the return period and the confidence level for design earthquakes between the conventional and the nuclear seismic standards. The seismic design criteria of conventional structures are based on the use of Force Modification Factors to take into account the energy dissipation by incursion in non-elastic domain and the reserve of strength. The use of such factors to lower intentionally the seismic input is consistent with the safety philosophy of the conventional seismic standard which is the 'non collapse' rather than the integrity and/or the operability of the structures or components. Nuclear seismic standard requires that the structure remain in the elastic domain; energy dissipation by incursion in non-elastic domain is not allowed for design basis earthquake conditions. This is

  2. Nuclear Winter: The implications for civil defense

    International Nuclear Information System (INIS)

    Chester, C.V.; Perry, A.M.; Hobbs, B.F.

    1987-01-01

    ''Nuclear Winter'' is the term given to hypothesized cooling in the northern hemisphere following a nuclear war due to injection of smoke from burning cities into the atmosphere. The voluminous literature on this subject produced since the original paper in 1983 by Turco, Toon, Ackerman, Pollack, and Sagen (TTAPS) has been reviewed. The widespread use of 3-dimensional global circulation models have resulted in reduced estimates of cooling; 15 to 25 0 C for a summer war and a few degrees for a winter war. More serious may be the possibility of suppression of convective precipitation by the altered temperature profiles in the atmosphere. However, very large uncertainties remain in input parameters, the models, and the results of calculations. We believe the state of knowledge about nuclear winter is sufficiently developed to conclude: Neither cold nor drought are likely to be direct threats to human survival for populations with the wherewithal to survive normal January temperatures; The principal threat from nuclear winter is to food production, and could present problems to third parties without food reserves; and Loss of a crop year is neither a new nor unexpected threat from nuclear war to the US and the Soviet Union. Both have at least a year's food reserve at all times. Both face formidable organizational problems in distributing their reserves in a war-damaged environment. The consequences of nuclear winter could be expected to fall more heavily on the Soviet Union than the US due to its higher latitude and less productive agriculture. This may be especially true if disturbances of rainfall amounts and distribution persist for more than a year. 6 refs

  3. Nuclear Winter: Implications for civil defense

    Energy Technology Data Exchange (ETDEWEB)

    Chester, C.V.; Perry, A.M.; Hobbs, B.F.

    1988-05-01

    ''Nuclear Winter'' is the term given to the cooling hypothesized to occur in the Northern Hemisphere following a nuclear war as the result of the injection of smoke from burning cities into the atmosphere. The voluminous literature on this subject produced since the paper was published in 1983 by Turco, Toon, Ackerman, Pollack, and Sagen (TTAPS) has been reviewed. Three-dimensional global circulation models have resulted in reduced estimates of cooling---15 to 25/degree/C for a summer war and a few degrees for a winter war. More serious may be the possibility of suppression of convective precipitation by the altered temperature profiles in the atmosphere. However, very large uncertainties remain in input parameters, the models, and the results of calculations. We believe the state of knowledge about nuclear winter is sufficiently developed to conclude: Neither cold nor drought is likely to be a direct threat to human survival for populations with the wherewithal to survive normal January temperatures. The principal threat from nuclear winter is to food production, and this could present problems to third parties who are without food reserves. Loss of a crop year is neither a new nor an unexpected threat from nuclear war to the United States and the Soviet Union. Both have at least a year's food reserve at all times. Both face formidable organizational problems in distributing their reserves in a war-damaged environment. The consequences of nuclear winter could be expected to fall more heavily on the Soviet Union than the United States due to its higher latitude and less productive agriculture. This may be especially true if disturbances of rainfall amounts and distribution persist for more than a year.

  4. For a convention for nuclear weapon elimination

    International Nuclear Information System (INIS)

    2008-03-01

    This document contains two texts linked with the project of an international convention for the elimination of nuclear weapons (the text of this project has been sent to the UN General Secretary and is part of an international campaign to abolish nuclear weapons, ICAN). These two texts are contributions presented in London at the Global Summit for a Nuclear Weapon-free World. The first one calls into question the deterrence principle and the idea of a nuclear weapon-based security. It calls for different forms of action to promote a nuclear weapon-free world. The second text stresses the role and the responsibility of states with nuclear weapons in nuclear disarmament and in the reinforcement of the nuclear non proliferation treaty (NPT)

  5. International regulatory activities

    International Nuclear Information System (INIS)

    Anon.

    2004-01-01

    The 48. session of the IAEA general conference was held in Vienna from 20 to 24 september 2004 with the participation of delegates from 125 members states and representatives of various international organisations. A number of resolutions were adopted by the conference in the following fields: nuclear safety, radiation, transport and waste safety. The general conference also adopted a resolution on measures to protect against nuclear terrorism. The Director General decided in 2003 to appoint a group of experts to explore and advise on issues related to nuclear liability. This group called the International Expert Group on Nuclear Liability (I.N.L.E.X.) consists of 20 experts members from nuclear power and non nuclear power countries and from shipping and non shipping states. It serves three major functions: to create a forum of expertise to explore and advise on issues related to nuclear liability; to enhance global adherence by nuclear and non nuclear states to an effective nuclear liability regime, inter alia, on the basis of the convention on supplementary compensation for nuclear damage and the annex thereto, the Vienna convention on civil liability for nuclear damage, the Paris convention on third party liability in the field of nuclear energy, the joint protocol relating to the application of the vienna convention and the paris convention and the amendments thereto; and to assist in the development and strengthening of the national nuclear liability legal frameworks in IAEA members states to protect the public and the environment and to enhance nuclear safety. The second part of international regulatory concerns a directive on public access to environmental information made by the European Parliament. (N.C.)

  6. INTERNATIONAL V. UNITED STATES COURTS: IN SEARCH OF A RIGHT AND A REMEDY IN ARTICLE 36 OF THE VIENNA CONVENTION ON CONSULAR RELATIONS

    OpenAIRE

    Rincón Eizaga, Lorena; Ministerio de Ciencia y tecnología de Venezuela

    2006-01-01

    This paper seeks to analyze whether Article 36 (1) (b) of the Vienna Convention on Consular Relations (1963) confers an individual right to consular notification upon detained foreign nationals under international and U.S. courts decisions, and if such right is to be considered a human right in the current state of international law. This paper will further analyze whether  characterizing consular notification as a fundamental human right would make a difference regarding the remedies that sh...

  7. Grounds acquittance from civil liability of the carrier for breach of contract of carriage passengers and baggage

    Directory of Open Access Journals (Sweden)

    Ганна Олександрівна Уразова

    2017-03-01

    Firstly, the concept of «emergency» covered by the concept of «force majeure» because the urgency is one of the signs of the latter. Secondly, when the legislator uses the concept of «emergency», or does not use it, the conditions of release the air carrier from civil liability of are urgency and inevitability of the circumstances. This actually shows the identification of the concept of «emergency» and the concept of «force majeure». Thirdly, the contents of the analyzed concepts form the fact that usually has the same origin. Prevalence of technical challenges faced by carriers themselves is not the factor that indicates the presence or absence of «emergency».

  8. Dismantlement and destruction of chemical, nuclear and conventional weapons

    International Nuclear Information System (INIS)

    Schulte, N.T.

    1997-01-01

    The safe destruction and dismantling of chemical, nuclear and conventional weapons is of fundamental importance to the security of all countries represented in this volume. Expertise in the field is not confined to one country or organisation: all can benefit from each other. There is an ever present danger of proliferation of weapons of mass destruction: approximately two dozen countries have ongoing programmes to develop or acquire such weapons, and many are also gaining the capability to build air-surface delivery systems. But much can be done to prevent proliferation by reducing leakage of materials and know-how and by solving the problems of the destruction of surplus weapons systems, which has now come to be a key issue. In 13 sessions of the workshop attention was paid to (1) Dismantlement and Destruction of Chemical, Nuclear and Conventional Weapons; (2) Status of Implementation of Arms Control Treaties and Voluntary Commitments; (3) National Perspectives on Cooperation in Disarmament; (4) Stocktaking of National and Bilateral Disposal/Destruction Programmes: Chemical Weapons; (5) Stocktaking of National and Bilateral Disposal/Destruction Programmes: Nuclear Weapons; (6) Stocktaking of National and Bilateral Disposal/Destruction Programmes: Conventional Weapons. Session; (7) Experience with Currently Employed Chemical Destruction Technologies; (8) Alternative Chemical Destruction Technologies; (9) Deactivation, Dismantlement and Destruction of Delivery Systems and Infrastructure for Nuclear Weapons; (10) Storage, Safeguarding and Disposition of Fissile Materials; (11) Technologies for Conversion and Civil Use of Demilitarized Materials; (12) International Organizations; and (13) Environmental Challenges Posed by Chemical and Nuclear Disarmament

  9. Discussion on unpacking inspection of imported civil nuclear safety equipment

    International Nuclear Information System (INIS)

    Li Chan; Zhang Wenguang; Li Maolin; Li Shixin; Jin Gang; Yao Yuan

    2014-01-01

    This paper introduces the purpose, contents, process and requirements of unpacking inspection which is the second stage of safety inspection of imported civil nuclear safety equipment, expresses review key points on application documents of unpacking inspection, processes of witness on-the-spot before unpacking inspection outside the civil nuclear facilities by the test agency, discusses understanding of unpacking inspection, supervision of manufacture, inspection prior to shipment, supervision of loading and acceptance by the unit operating civil nuclear facilities, reports on unpacking inspection. Some suggestions on reinforcing the unpacking inspection in China are concerned. (authors)

  10. Some considerations regarding the reforms of nuclear liability legislation in the United States

    International Nuclear Information System (INIS)

    Welck, S. von

    1980-01-01

    In the United States, as in the Federal Republic of Germany and in Switzerland, some thought is presently being given to reforms of nuclear liability legislation. In each case it was either triggered or influenced by the Three Mile Island incident of March 28, 1979. Some of the current thinking in the United States has already been incorporated in a number of draft bills now before Congress for deliberation and decision. Other draft bills on reforms of U.S. nuclear liability law have been announced. It is certain that this reform of nuclear liability legislation in the United States will be carried out not only with determination and the political will to improve the present situation, but also with the required caution and prudence, and that it will keep Congress busy not only for this term, but also next year. (orig.) [de

  11. Civil liability in sports for commission merchant in Iran’s Law

    OpenAIRE

    Sead Hesam Bostani; Ali Ranjbar,; Seyed Mohsen Rosta,; Sead Jamal Bostani; Zahra Zare

    2016-01-01

    Law as a comprehensive knowledge has applications in multiple aspects of people’s lives and sports isn’t excluded from this realm as well. Lots of legal entities and natural persons are involved in sports that each one of them has a function and as a result of this it is possible that some liabilities arise for them. Today, some individuals under the title of manager hold the responsibility of guiding and directing several athletic organizations that a sports club manager is among them. Notin...

  12. 78 FR 59005 - Civil Nuclear Trade Advisory Committee Meeting

    Science.gov (United States)

    2013-09-25

    ... ability to participate in the international market. Topics to be considered: The agenda for the October 16... DEPARTMENT OF COMMERCE International Trade Administration Civil Nuclear Trade Advisory Committee Meeting AGENCY: International Trade Administration (ITA), Commerce (DOC). ACTION: Notice of federal...

  13. The nuclear complex: Links between civil atom and military atom

    International Nuclear Information System (INIS)

    Barrillot, B.

    2005-02-01

    The fight against proliferation is topical. For lack of forgetting nuclear weapons, the international community makes the choice to limit the club of nuclear weapon owners. Nobody ignores that the way to reach bomb is the development of civil nuclear industry ( peaceful aim) these ones that want to stop the proliferation are the ardent promoters of this industry. (N.C.)

  14. Convention on nuclear safety. Final act

    International Nuclear Information System (INIS)

    1994-01-01

    The Diplomatic Conference, which was convened by the International Atomic Energy Agency at its Headquarters from 14 to 17 June 1994, adopted the Convention on Nuclear Safety reproduced in document INFCIRC/449 and the Final Act of the Conference. The text of the Final Act of the Conference, including an annexed document entitled ''Some clarification with respect to procedural and financial arrangements, national reports, and the conduct of review meetings, envisaged in the Convention on Nuclear Safety'', is reproduced in the Attachment hereto for the information of all Member States

  15. States strengthen nuclear cooperation for new millennium. IAEA General Conference concludes in Vienna

    International Nuclear Information System (INIS)

    1999-01-01

    The document gives information about the concluding session of the 43rd regular session of the IAEA's General Conference (27 September - 1 October 1999, Austria Center, Vienna), as well as about the most important steps taken during the week of conference

  16. Soviet civil defense plans make nuclear war winnable

    International Nuclear Information System (INIS)

    Goure, L.

    1985-01-01

    In this paper, the author expresses his opinion that the U.S. is naive and suicidal in its lack of civil defense preparation for nuclear war. The Soviets' extensive civil defense planning is evidence that they plan to use their nuclear weapons and survive a counterattack by the U.S. The author compares the two systems and explains why the Soviets' system is superior

  17. Compensation for nuclear damage: a comparison among the international regime, Japan and China

    NARCIS (Netherlands)

    Liu, J.; Faure, Michael

    2016-01-01

    Following the Fukushima disaster in Japan in 2011, how the compensation system for nuclear damage should be improved has obtained broad attention. The compensation system, including liability rules, insurance and government involvement, does not only concern to what extent the victims can be

  18. Nuclear liability insurance: the Price-Anderson reparations system and the claims experience of the nuclear industry

    International Nuclear Information System (INIS)

    Marrone, J.

    1983-01-01

    The manner in which the Price-Anderson Law operates to provide reparations is reviewed, and the changes made in the law by Congress in 1975 are outlined. Nuclear liability insurers' response to the Three Mile Island accident is described, including emergency assistance funds advanced to qualified evacuees and the claims and litigations that followed. Other nuclear liability claims that have been asserted are described as being brought chiefly by onsite workers. Good health physics protection of workers is acknowledged, but the need to improve record keeping for transient workers is stressed. The nuclear industry is urged to implement a more effective record-keeping program for such workers

  19. 24 CFR 100.308 - Good faith defense against civil money damages.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Good faith defense against civil money damages. 100.308 Section 100.308 Housing and Urban Development Regulations Relating to Housing and... Good faith defense against civil money damages. (a) A person shall not be held personally liable for...

  20. Indemnification for nuclear damages - recent developments in the United States

    International Nuclear Information System (INIS)

    Shapar, H.K.

    1981-10-01

    Public liability for nuclear damages in the United States is dealt with by a Federal statutory system. The Price-Anderson Act provides a system of compensation for such damages with an overall limit of $560 million. This fund is composed of private insurance, a utility assessment pool, and Federal government indemnity. The 1979 accident at the Three Mile Island nuclear station resulted in a less-than-full-scale test of the system. For the most part, the system has performed as intended although certain problems have been brought to light. Legislative proposal since the accident have focused on increasing the $560 million limitation on liability, but so far none of these proposals has been acted upon by the U.S. Congress. In the next several years, the Nuclear Regulatory Commission and possibly Congress will consider application of the Price-Anderson system to high-level waste facilities. The Commission must file with the Congress within two years a comprehensive report on the Price-Anderson Act, including recommendations for its continuation and amendment. (NEA) [fr

  1. Decision of the court as a result of the occurence, change, termination and adjustment of subjective civil liability (theoretical and practical aspects

    Directory of Open Access Journals (Sweden)

    В. В. Надьон

    2017-12-01

    Full Text Available One of the main reasons for the occurence, change, termination and adjustment of subjective civil responsibility is a legal fact. Under the legal fact in theory, the specific circumstances envisaged by the rules of law are understood, with the occurrence, change and termination of legal relations. Often, subjective civil rights and responsibilities arise from obligations (contractual, non-contractual, as well as from a unilateral transaction. However, the Civil Code of Ukraine (hereinafter the Civil Code of Ukraine provided for the possibility of civil rights and responsibilities arising from acts of civil law (Part 3 of Article 11 of the Civil Code of Ukraine, as well as in cases established by acts of civil law, civil rights and responsibilities may arise from a court decision (Part 5 of Article 11 of the Civil Code of Ukraine. Concerning this provision in practical activity there are problematic issues, namely the possibility of generating court decisions of obligations Thus, the purpose of the article is to analyze the occurance, change, termination and adjustment of subjective responsibility by a court decision. Subjective responsibility  arises in a commitment (contractual or non-contractual. In case of non-fulfillment or improper performance of a subjective responsibility by the debtor, the creditor has the right to apply to the court for the protection of his violated right. In this case, the subjective responsibility that arose in a contractual obligation turns into civil liability, and with the decision of the court a new category of subjective responsibility arises, ie the category of responsibility is combined with the category of civil- legal liability. Consequently, a court decision gives rise to a new subjective responsibility, which must be performed voluntarily or by force. Consequently, in the cases of voluntary fulfillment by the obligated person of the main and additional responsibility, the category of responsibility is

  2. Insurance of nuclear risk

    International Nuclear Information System (INIS)

    Lacroix, M.

    1976-01-01

    Insurance for large nuclear installations covers mainly four types of risk: third party liability which in accordance with the nuclear conventions, is borne by a nuclear operator following an incident occurring in his installation or during transport of nuclear substances; material damage to the installation itself, which precisely is not covered by third party liability insurance; machinery breakdown, i.e. accidental damage or interruption of operation. Only the first category must be insured. In view of the magnitude of the risk, nuclear insurance resorts to co-insurance and reinsurance techniques which results in a special organisation of the nuclear insurance market, based on national nuclear insurance pools and on the Standing Committee on Atomic Risk of the European Insurance Committee. Conferences of the chairmen of nuclear insurance pools are convened regularly at a worldwide level. (NEA) [fr

  3. ACN-France, Aarhus Convention and Nuclear - Synthesis report

    International Nuclear Information System (INIS)

    2012-01-01

    This report first recalls the Aarhus Convention and Nuclear (ACN) process and proposes a presentation of the thematic and program of the three work-groups. Respectively, these work-groups addressed the return on experience on the search process for a Low Activity Long Life radioactive waste storage site, the application of the Convention articles addressing the modalities of public participation and information, and the issue of the empowerment and access to expertise of actors belonging to the civil society. Then, this report contains conclusions and recommendations made by these work-groups, and proposes a synthesis of recommendations aimed at improving public information and participation to decision processes while linking regional and national levels

  4. William and Mary Seeks to Shift Liability for Damages to Professor in Federal Sexual-Harassment Case.

    Science.gov (United States)

    Wilson, Robin

    1995-01-01

    The College of William and Mary (Virginia) has filed a complaint in federal court against a professor, saying he should be liable for damages stemming from sexual-harassment litigation by a student. The move indicates concern among institutions that sexual-harassment liability remain with the perpetrators, not the institution. (MSE)

  5. Sub-seabed burial of radioactive waste and liabilities

    International Nuclear Information System (INIS)

    Reyners, Patrick.

    1982-10-01

    The author of this report discusses the problems raised by application of the special third party liability system to damage which may result from embedding radioactive waste in the sub-seabed. The matter of general liability of the State for nuclear damage caused to the environment is also dealt with in this paper. (NEA) [fr

  6. Vienna International Centre Library Film and Video Catalogue: Peaceful applications of nuclear energy 1928-1998

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1999-12-31

    The catalogue lists films and videos which are available on free loan from Vienna International Centre Library for educational, non-commercial, non-profit showings involving no admission charges or appeals for funds. Much of the material listed has been donated to the IAEA by the Governments of Member States. The items are arranged in the catalogue by number. The catalogue also includes a title index and a subject index

  7. Vienna International Centre Library Film and Video Catalogue: Peaceful applications of nuclear energy 1928-1998

    International Nuclear Information System (INIS)

    1998-01-01

    The catalogue lists films and videos which are available on free loan from Vienna International Centre Library for educational, non-commercial, non-profit showings involving no admission charges or appeals for funds. Much of the material listed has been donated to the IAEA by the Governments of Member States. The items are arranged in the catalogue by number. The catalogue also includes a title index and a subject index

  8. Visual examination program of the TRIGA Mark II reactor Vienna with the nuclear underwater telescope

    International Nuclear Information System (INIS)

    Boeck, H.; Hammer, J.; Varga, K.

    1985-12-01

    The visual inspection programm carried out during a three month shut-period at the TRIGA Mark II reactor Vienna is described. Optical inspection of all welds inside the reactor tank was carried out with an underwater telescope developed by the Central Research Institute of Physics, Budapest, Hungary. It is shown that even after 23 years of reactor operation all tank internals were found to be in good condition and minor defects can be easily repaired by remote handling tools. (Author)

  9. Maritime zones and the new provisions on jurisdiction in the 1997 Vienna protocol and in the 1997 Convention on Supplementary Compensation

    International Nuclear Information System (INIS)

    Gioia, A.

    1999-01-01

    The issue of maritime zones and the new provisions on jurisdiction in the 1997 conventions are discussed. The relations between the international law of the sea and maritime zones, and civil jurisdiction for acts outside a state's territory are presented. Main implications of the new provisions are discussed. (K.A.)

  10. Nuclear insurance problems in Spain

    International Nuclear Information System (INIS)

    Gomez del Campo, Julian.

    1977-01-01

    The purpose of this paper is to study the problems raised in Spain by third party liability insurance for nuclear damage. National law in this field is based on the Paris Convention on nuclear third party liability and defines the conditions of liability of operators of nuclear installations. The insurance contract requirements must comply with the regulations on cover for nuclear risks, under the control of the Finance Ministry's competent services. Certain exceptional nuclear risks which cannot be covered entirely by ordinary insurance policies, are taken over by the Consorcio de Compensacion de Seguros which belongs to this Ministry. From the insurance viewpoint, the regulations make a distinction between nuclear and radioactive installations and nuclear transport. (NEA) [fr

  11. New national legislation on compensation of nuclear damage

    International Nuclear Information System (INIS)

    Guerra Machado de Faria, N.

    1981-10-01

    This paper describes the nuclear third party liability system within the Brazilian legal framework. Following some considerations regarding the development of nuclear energy it then focuses on the relationship between accident prevention and third party liability and on the political administrative framework related to the nuclar industry in Brazil. (NEA) [fr

  12. Liabilities for the decommissioning and disposal in the nuclear area. Analysis and concept of reformation

    International Nuclear Information System (INIS)

    Meyer, Bettina

    2012-01-01

    The contribution under consideration examines the adequacy of the reserves for decommissioning / dismantling and disposal in order to finance long-term tasks. A reform concept is presented. The two key components of the reformation are the establishment of a public fund for the long-term obligations and a stronger insolvency protection of medium-term nuclear liabilities.

  13. The future of the French civil nuclear sector. Report synthesis

    International Nuclear Information System (INIS)

    2010-01-01

    Considering the evolution of the French civil nuclear industry by 2030, this study examines its different dimensions: energy policy, safety and security of uranium supplies, nuclear competitiveness, environmental and safety issues, public acceptance, consequences of non proliferation international and French policies, industrial, human and research capacities, and so on. Thus, this report presents the actors involved in the French civil nuclear sector, gives an overview of the reactor market, highlights the main aspects of the fuel cycle and of the waste management, stresses the need of a new organisation for this sector to face the domestic as well as the international challenges. It discusses the possible ways for a wider financing and a higher competitiveness. It identifies new means for an ambitious civil nuclear policy. Fifteen recommendations are proposed

  14. Vienna wirechamber conference 98

    International Nuclear Information System (INIS)

    1998-02-01

    This volume of the Vienna wirechamber conference 1998 contains abstracts of lectures and abstracts of poster sessions of the following topics: high energy physics, gaseous detectors, radiation detectors, calorimetry, drift chambers, wire spark chambers, tracking chambers, neutron detectors, particle detection, muon spectrometry, nuclear medicine. (Suda)

  15. For sustainable participation by civil society in Europe in the oversight of nuclear activities

    International Nuclear Information System (INIS)

    Delalonde, J.C.

    2010-01-01

    The Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters, was signed in 1998 by the European Community and European countries including the 27 Member States of the European Union (EU). That same year, the Committee of the Regions adopted a resolution on nuclear safety and local and regional democracy. These two texts indicate strong political and legal recognition of access to information and participation in the nuclear field. Ten years later, it would seem to be important to observe how these principles are actually implemented. As of 2009, the ANCCLI and the European Commission opened an 18-month European dialogue on the practical application of the Aarhus Convention in the nuclear field. The principle of this approach, called ACN for Aarhus Convention and Nuclear, is to promote feedback about practical application of the Aarhus Convention in the nuclear field in the various European countries, and to share this feedback in order to identify both difficulties and good practices and to initiate progress jointly with the various stakeholders concerned (authorities, civil society, operators, experts, local authorities, etc.). It is also an opportunity to look at the conditions for sustainable participation by civil society in monitoring nuclear issues. (author)

  16. Nuclear industry and the management of accident risk in Europe: from the internalisation default to the coverage organization

    International Nuclear Information System (INIS)

    Fiore, K.

    2007-12-01

    The production of nuclear energy creates environmental and sanitary risks among which the risk of nuclear accident. There is a twofold dimension in the management of such a risk: a preventive dimension and a compensatory one. Given its catastrophic and unpredictable character, the nuclear risk has always been managed in a specific way. In Europe, its management is unsatisfactory. The civil liability regime is beneficial to the nuclear industry as it leads to a lack of internalisation and thus to a limited coverage of potential damages. The financial cap of the nuclear operator's civil liability reduces his incentives for the prevention of accidents. By narrowing its liability, it also limits the burden tied to the coverage of the full potential damages. The organisation of the nuclear risk coverage was heavily conditioned by the civil liability regime and the financial cap it creates. Such an organisation is inefficient. The nuclear insurance market's financial capacity is not enough to compensate for all the potential victims of a major nuclear accident. Moreover, the functioning of this market is quite costly for the nuclear operator. While new electronuclear projects are being launched in Europe, the management of nuclear risks must be questioned in order to find better solutions to the necessity of internalising, preventing and compensating. Nuclear operators should be responsible for all the damages caused through an unlimited liability rule. The coverage of potential damages could also be improved by setting up a risk-sharing agreement at the European scale between operators. (author)

  17. On nuclear power, population and sustainable global civilization

    International Nuclear Information System (INIS)

    Ishiguro, Yuji

    2007-01-01

    Humanity is facing a multitude of difficult problems that threaten not only human development but the very continuity of civilization. The fundamental cause is the size of the human population but at present the subject is not discussed in international fora. It is not clear if it is wishfully avoided or if it is not recognized as the fundamental problem. Without limiting fertility and population globally, there will be no future for civilization as we know it and there will be no need for nuclear power as a source of energy. Instead, nuclear power will be the principal agent of the end. The nuclear community is in a position to point out the problem and propose a solution. Principles of sustainability and a path to a sustainable global civilization are shown. (author)

  18. Organization and liability of British regulating authorities involved in nuclear safety and radiation protection

    International Nuclear Information System (INIS)

    Harbison, S.

    1995-01-01

    In Great Britain, nuclear safety juridic basis is made of two law: HSWA (1974) for hygiene and security in working environment, and NIA (1965) specific to nuclear sites. The HSWA law created an HSC (Hygiene and Security Commission) in charge of workers and public security. HSC executive organ is HSE, whose nuclear office is NSD. Nevertheless, the general philosophy remains the one of HSWA, which results in the liability of operators in nuclear matters, as well as for any other industrial matter. (D.L.). 1 fig., 1 map

  19. Civil implications of commercial nuclear power

    International Nuclear Information System (INIS)

    Wilkinson, P.; Gallie, N.

    1985-01-01

    The following aspects are discussed; spent fuel transport by rail, routes and possible accidents; reactors, possible accidents and effects of radioactive releases to the environment; possible effects of sabotage and terrorist attacks; possible hazards from fuel reprocessing plants; radioactive wastes, inventories and possible effects of escape to environment; biological radiation effects; civil war effects and democratic freedoms; the miners' strike and its implications. (U.K.)

  20. The law concerning indemnification of nuclear damage

    International Nuclear Information System (INIS)

    1977-01-01

    This Law aims at determining the basic system concerning indemnification for nuclear damage caused by the operation of reactors, fabrication, reprocessing and use of nuclear fuel materials as well as the transportation, storing or disposal of such materials or those contaminated by such materials (including fission products) accompanying these operations in view of protecting the sufferers and contributing to the wholesome development of atomic energy enterprises. The ''nuclear damage'' referred to in this Law is the damages caused by the action during the process of fission of nuclear fuel materials or the action of radiation or the poisonous action of said nuclear fuel materials or matters contaminated by said materials (those causing poisoning or deuteropathy in human bodies by taking in or inhaling such materials). Upon giving nuclear damage by the operation of reactors and others, the atomic energy entrepreneurs concerned are responsible for indemnifying the damage. Atomic energy entrepreneurs should not operate reactors without first taking the measures for indemnifying nuclear damages. Said measures are conclusion of nuclear damage indemnification responsibility insurance contract and nuclear damage indemnification contract or deposit, by which 6,000 million yen may be earmarked for such indemnification per factory, place of business or nuclear ship