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)

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

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).

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).

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)

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)

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.)

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

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

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

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

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

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

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)

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)

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)

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

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

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

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

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)

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

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.)

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)

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

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)

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)

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)

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

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

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

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)

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)

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

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

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

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

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

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

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.)

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

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

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)

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.)

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

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

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.)

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.)

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

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)

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

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

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)

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)

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

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.)

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.)

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)

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.)

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

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

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

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

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

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)

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)

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)

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)

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.)

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)

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.)

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)

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.)

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)

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

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

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

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.

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)

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

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))

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

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)

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.

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

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

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

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.

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?''

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

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.)

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)

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)

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.

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.

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

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

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

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

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

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

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.

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)

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

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.)

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)

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.)

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)

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

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

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

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

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

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

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)

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.)

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

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

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

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

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

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)

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.)

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

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

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

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)

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)

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

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

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

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

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

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.

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

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

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

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

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.)

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)

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

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

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

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

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.)

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)

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.)

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

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

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

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

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

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

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

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

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

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

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)

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

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.

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

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

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)

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

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

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)

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...

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)

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?

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

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

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

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

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

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

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.

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

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

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

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)

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

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

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)

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

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)

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

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)

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

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

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

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

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

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

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

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

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

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

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

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

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)

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)

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.)

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)

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)

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...

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.)

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)

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

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

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)

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)

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

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

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.)

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

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

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

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

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

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)

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

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

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

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

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.)

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

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

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

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)

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.)

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.

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

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

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

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

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

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)

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).

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

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

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

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

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...

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

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

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.)

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.

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

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)

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

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

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

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.

The Operation of the Joint Protocol: Theoretical and Practical Implications Revisited

International Nuclear Information System (INIS)

Horbach, N.

2008-01-01

On 21 September 1988, a Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention was adopted and entered into force on 27 April 1992. The 1988 Joint Protocol (Article II) provides for a mutual extension of the operator's liability under the Paris and Vienna systems: thus, if a nuclear incident occurs for which an operator is liable under both the Vienna Convention and the Joint Protocol, he shall be liable in accordance with the Vienna Convention for nuclear damage suffered not only in the territory of Parties thereto, but also in the territory of Parties to both the Paris Convention and the Joint Protocol; conversely, if an incident occurs for which an operator is liable under both the Paris Convention and the Joint Protocol, there shall be reciprocity. Moreover, the Joint Protocol (Article III) eliminates conflicts of law which might otherwise arise, especially in transport cases, from simultaneous application of the two Conventions. Although the text of the Joint Protocol is quite straightforward, it still has led to different interpretations in legal doctrine concerning Article IV. The main concern is the conflict that might arise in respect of the appropriate designation of the competent court and applicable law in situations were courts of different states might claim exclusive jurisdiction. This depends also on whether the Joint Protocol should be interpreted as eliminating the distinction between Contracting Parties and non-Contracting Parties in respect of the 'functional' relations among Paris and Vienna Contracting Parties, also party to the Joint Protocol, as far as the operative provisions of both Conventions listed in Article IV are concerned (including the provisions on jurisdictional competence). The importance of finding the legally correct interpretation, already complicated in relation to the interpretation of the operation of the Joint Protocol under the unrevised nuclear liability treaties (1960 Paris

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

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

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)

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.)

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

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

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)

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)

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.

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)

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

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

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.

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)

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.)

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)